Services & Expertise

Case Summaries

Unmarried couple property dispute/Possession of property

Facts; Property owned by Party A. A was in a relationship with B. The relationship broke down and A left the property agreeing informally that B could remain rent free indefinitely. Some years later and after numerous works of improvement by B, A asked B to leave the property with nothing to show for B’s contributions or agree to pay ongoing rent. B sought advice from Clarkson Hirst Ltd.

Court proceedings; A started possession proceedings against B. B issued counter proceedings under the Trust of Land and Appointment of Trustees Act for a declaration as to B’s interest in the property, believed to exist because of the contributions B had made to the improvement of the property.

Negotiations took place and A and B agreed to put the court proceedings on hold and attempt mediation with assistance from their solicitors. An appropriate mediator was identified and mediation took place at our offices over the course of 5 hours. The parties were able to reach an agreement and a draft order was prepared and signed. The order was formalised with the court, creating a binding agreement.

Outcome; A agreed to pay B a lump sum representing half the value of the property, with agreed notice period for B to vacate the property and to remain in occupation of the property for 6 months free of charge, allowing B to find alternative housing.

Deputy Application/ Power of attorney

Facts; A is the father of B, B is an adult with physical and mental health difficulties. A was having problems in managing B’s finances since B became an adult various companies including the benefits agency would not deal with A and insist on speaking with B, whom is unable to manager her own affairs due to her health problems.

A required advice about how to overcome the difficulties of agencies refusing to deal with A. A had heard of power of attorney but was unclear if B could do this.

Clarkson Hirst provided advice about Power of attorney and deputy applications and how they might assist A.

An application was made on behalf of A to the Court of Protection for A to be appointed as a Deputy for B Outcome; A Deputy order was made in favour of A. This allows A to manage B’s finances and safeguards B in so far as the court require an annual account of how B’s finances have been managed.

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