Thomas Parsons-Munn successfully resisted permission to appeal

Thomas Parsons-Munn recently appeared for the Claimant/Respondent at the hearing of Kaur v Aujla and successfully resisted permission to appeal at an attended hearing at Central London County Court. Below is a summary.

The Defendant/Appellant’s mother was recently deceased.  The deceased had previously been granted a beneficial life tenancy in a property owned by the Claimant/Respondent. The Claimant/Respondent had applied for possession of the property following the Deceased’s death. At the possession hearing, the Defendant/Appellant, who claimed to have been resident at the Property, unsuccessfully argued against the possession order being made by asserting she had a claim for compensation for monies expended on the upkeep of the Property. 

On appeal, the Defendant/Appellant principally argued she had a beneficial interest in the Property and vacant possession ought not to have been granted. In refusing permission to appeal, the judge accepted the Defendant/Appellant’s arguments that the Defendant/Appellant’s assertion of a beneficial interest was unsustainable in view of her failure to plead and/or evidence the facts that would give rise to an interest under an implied trust or an estoppel and, in any event, there was no evidential basis upon which any such beneficial interest would give rise to a right of occupation under TOLATA 1996. The Defendant/Respondent was, at most, a licensee of the beneficial life tenant and her right of occupation had consequently died with the Deceased.

To instruct Thomas or any of the property team please contact one of the clerks.