Thursday 25th November 2021
The Claimant (C) seeks permission to appeal (with appeal to follow if permission granted) HHJ Luba QC’s order dated 25 August 2021, hearing only from C and the Sixth Defendant (Maria Laleva) (D6) inter alia allowing D6’s appeal only on ground 2 (b) (he dismissed the appeal on grounds 1, 2(a) 2 (c) and 2 (d) ) ; setting aside DJ Parker’s order dated 29 March 2021 making an immediate possession order only in respect of D6, and ordering C to pay 40% of D6’s costs of the appeal.
Claim for possession against various property guardians, including D6, of NHS premises at Stamford Brooks Avenue owned by NHS Property Services Ltd, made on the basis they were trespassers. D6’s Defence raised various issues including the one which succeeded on appeal (that she was a tenant and not a licensee).
The NHS entered into a property guardian agreement with Global Guardian Management Ltd (GGM) in March 2016. Pursuant to an agreement in 2018 between GGM and C (who are associated companies) C was said to have the right to grant licences to individuals who occupy the premises in respect of which GGM had agreed to provide guardian services. D6 became one of the occupiers of the premises in 2019 and entered into a licence agreement with C dated 17 April 2020. C gave notice to quit to the occupiers by email on 30 August 2020; and issued the possession proceedings on 7 October 2020.
DJ Parker found there were no substantial grounds for defending the claim ( CPR 55.8 (2))and made an immediate order for possession.
Lower Court Judgment: