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Avoiding unintended tenancies in property guardian arrangements: lessons from Camelot v Roynon (England and Wales) on exclusive possession, ASTs and LTA 1954 risks

Published on: 16 March 2017

Published by a LexisNexis Property expert
Legal News
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Original news Camelot Property Management Ltd and another company v Roynon [2017] Lexis Citation 28 What issues did this case raise? Why is it significant?

The claim was issued by Camelot Property Management Limited and Camelot Guardian Management Limited (together, Camelot). Camelot is an organisation established to assist with the security of vacant property and to safeguard empty premises. They were engaged by Bristol City Council to protect a former, and at that time vacant, elderly care home in Bristol from vandalism and unlawful occupation. Camelot permitted Mr Greg Roynon to occupy part of the premises. Camelot maintained that his presence was solely as a property guardian and was strictly in line with an agreement between them which they contended was, and which on its face appeared to be, a licence. Camelot served notice terminating that licence, yet Mr Roynon declined to vacate the property. Camelot therefore commenced proceedings to recover possession of the property in question through the court. The matter proceeded by way of a preliminary issue, and the court had to decide whether Mr Roynon was a licensee or something beyond that (namely, a tenant), at that stage as part of those proceedings. It was accepted by...

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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