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Link Lending Ltd v Bustard L.J. Mummery

harrishyatt Land Law undergraduate English

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Link Lending Ltd v Bustard L.J. Mummery

  1. Rule

    • LRA 2002 S29 schedule 3 para 2
      • Replaces LRA 1925 S70(1)(g)
      • Ms Bustard was in actual occupation
        • Sufficient degree of continuity and permanence of occupation
        • involuntary residence elsewhere
        • persistent intention to return home when possible
          • evidenced by regular visits
        • Evidence of absence from property did not mean absence of evidence of actual occurpation
  2. Primary facts

    • Not in property when Link Lending Limited registered charge over property
    • In a residential care home for a year
    • Incapable of living safely in property
    • Visits to property brief and supervised
    • Her furnished home
    • Other people had taken responsibility of her finances to pay the bills
    • Applied to Mental Health Tribunal to return home
    • No final and irrevocable decision not to be permitted home
  3. Obiter dicta

    • Cann
      • Acts preparatory to assumption of actual occupation
    • Distinguishable from Stockholm
      • new and special feature is in the psychiatric problems of the person claiming actual occupation
    • Thompson v Foy
      • Decision is supportable in law and in fact

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Description
Link Lending Ltd v Bustard 2010 Court of Appeal
Created by
harrishyatt · Feb 2015
Updated
Jul 14, 2016
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42
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