The owner of a woodland naturist resort in St Albans, Hertfordshire, has lost at the Court of Appeal in its bid to repossess a plot from tenants who have occupied it since 1992.
The court upheld a ruling that the tenants have an assured tenancy under the Housing Act 1988, which has not been determined by freehold owner Spielplatz Ltd.
The naturist resort, on 12 acres of green belt land at Spielplatz began life in 1930 as a holiday spot for caravans or tents, but has gradually become home to cabins and chalets on its 64 plots, some of which are now permanently occupied.
John and Maureen Pearson have occupied plot 44A since 1992, initially at weekends but now all year round, paying a rent that rose to £1,863 in 2006. Between 2008 and 2012 they spent £100,000 refurbishing their chalet, leading to a dispute with Spielplatz, which was concerned that it was taking on the appearance of a more permanent brick structure.
It sent the Pearsons a six-month notice to quit in September 2012, and sought possession on the basis that they had an unprotected common law tenancy which had been determined.
However, in April 2014, Judge Lindsay Davies at Luton County Court dismissed the possession claim, finding that the Pearsons had an assured tenancy.
Upholding that decision, Sir Colin Rimer said that the appeal turned primarily on whether the judge had been right to find that the tenancy was “one under which a dwelling-house was let as a separate dwelling for the purposes of section 1 of the Housing Act 1988”.
Spielplatz had argued that while it owned the plot, the Pearsons owned the chalet, and so all that had been let was the land itself, taking the tenancy outside the section.
But Sir Colin Rimer agreed with the judge’s finding that, at the date of the 1992 tenancy agreement, the Pearsons’ chalet had become “part and parcel of plot 44A”. He said: “I regard that finding as plainly open to her on the evidence. Indeed, given the evidence relating to the construction of the chalet, I consider it was probably the only finding she could properly have made.”
Spielplatz Ltd v Pearson and anr Court of Appeal (Laws and Burnett LJJ and Sir Colin Rimer) 28 July 2015
John de Waal QC and Andy Creer (instructed by Gateley LLP) for the appellant
Gary Blaker QC (instructed by Photiades Solicitors) for the respondents
