Unmarried Hackney Pensioner Secures TLATA Property Success at Mediation.
The proposed Claimant (‘C’), a 75-year old lady from Hackney, had lived with the deceased (for how long and with what frequency was disputed) for about 30 years in a large 3-bedroom property in Hackney, near the Olympic Stadium. They never married (both in fact were married to others at different points). The deceased died in April 2015 leaving his estate, including the property, to his children. The deceased had acquired the legal title to the property through adverse possession in about 2005. At about that time, C said that the deceased had assured her that she would have a home at the property for life and that he would get round to registering her interest in the property. C did not live at the property for the final two years of the deceased’s life. She had never paid any rent and there was no mortgage. C claimed a beneficial interest in the property and relied on a common intention constructive trust and the doctrine of proprietary estoppel. She also claimed an occupation rent and the return of various everyday items. D argued that C could not make out her case on the facts but, in particular, that she simply could not show detriment (C owned a separate flat and D said she had not changed her position in reliance on the assurances/agreement in 2005).
The matter settled at mediation on 9 December 2015, with C entitled to 9.5% of the net proceeds of sale of the property, together with 85% of her costs.
George Woodhead acted for the Claimant and was instructed by Stella Parker at Attwaters Jameson Hill.