Link Lending Ltd v Bustard L.J. Mummery

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