Quizzes & Puzzles0 min ago
Law on eviction/squatters rights?
3 Answers
Girl guides have had a hut on land for over 30 years and paid their rent on time to the council. Nine years ago ownership of the land changed to a housing association. The guides wrote to them asking where to send the rent. The housing association never replied. A second letter was delivered by hand but still the H/A did not reply. For the past nine years the rent money has been banked in a separate account and is untouched. (Nothing further was done about contacting the H/A as the guides treasurer died and his wife threw out most of the paperwork) The girl guides have now been told (off the record) that the H/A intends to evict the guides, knock down the hut & build houses. What rights do the girl guides have?
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Adverse possession could not apply during the time that a tenancy was in place with the council.
It might apply from the time that the land changed hands, provided a long enough period of time is elapsed and the land is unregistered (which is probably is). However nine years is not enough time anyway.
Adverse possession could not apply during the time that a tenancy was in place with the council.
It might apply from the time that the land changed hands, provided a long enough period of time is elapsed and the land is unregistered (which is probably is). However nine years is not enough time anyway.
What was the original agreement for the guides renting the hut? Was anything ever written down?
That may form the basis of establishing what terms were agreed.
When the Housing Association took over the land then they should have been aware of the agreement.
If it is proved that an agreement remains in place then it may be that it is seen as holding over on those terms and could be terminated in accordance with the provisions of that original agreement.
If no written agreement then it may well be established that there was some kind of tenancy at will which will be construed under the relevant legislation.
Unless they could establish some kind of right to stay on the land, unlikely as there appears to have been some kind of agreement evidencing consent and payment in the past 9 years.
You could maybe try and find a helpful local lawyer who would be willing to do a bit of pro bono work for a good cause to help out.
If and when on the record then a media campaign might help. If all else fails then it might lead to other offers of suitable premises.
How big is the hut? Is it feasible for housing to be built round it or for the HA to relocate it somehow?
It is likely to be more difficult as it's the council itself rather than a private developer but you could try and appeal to the community benefit.
That may form the basis of establishing what terms were agreed.
When the Housing Association took over the land then they should have been aware of the agreement.
If it is proved that an agreement remains in place then it may be that it is seen as holding over on those terms and could be terminated in accordance with the provisions of that original agreement.
If no written agreement then it may well be established that there was some kind of tenancy at will which will be construed under the relevant legislation.
Unless they could establish some kind of right to stay on the land, unlikely as there appears to have been some kind of agreement evidencing consent and payment in the past 9 years.
You could maybe try and find a helpful local lawyer who would be willing to do a bit of pro bono work for a good cause to help out.
If and when on the record then a media campaign might help. If all else fails then it might lead to other offers of suitable premises.
How big is the hut? Is it feasible for housing to be built round it or for the HA to relocate it somehow?
It is likely to be more difficult as it's the council itself rather than a private developer but you could try and appeal to the community benefit.
Thanks for taking the time to reply.
The hut is about the size of 2 static caravans.
I've since learned that the guides have never had any communication whatsoever from the housing association. They received a letter from the council 9 years ago saying they had sold the land and that's the last the guides heard from anyone.
This means there has never been any sort of agreement/contract with the housing association.
The guides are waiting to hear something official and then the media and the local MP will be notified.
The hut is about the size of 2 static caravans.
I've since learned that the guides have never had any communication whatsoever from the housing association. They received a letter from the council 9 years ago saying they had sold the land and that's the last the guides heard from anyone.
This means there has never been any sort of agreement/contract with the housing association.
The guides are waiting to hear something official and then the media and the local MP will be notified.
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