Fowles v Heathrow Airport Ltd

Fowles v Heathrow Airport Ltd

Mr Fowles is not entitled to a new tenancy because the vast majority of his activities on the site are illegal, being in breach of planning control and enforcement notices, and he has failed to establish adverse possession of the Green Land. The breach of condition notice is valid, and Mr Fowles’ continued activities constitute criminal offences. HAL’s ground of opposition under section 30(1)(c) of the Landlord and Tenant Act 1954 is made out.

Parties
Claimant / Defendant (part 20): Timothy Fowles; Defendant / Claimant (part 20): Heathrow Airport Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2008
Procedural Posture
Landlord and Tenant / Adverse Possession / Planning / Judgment After Trial
Outcome
Application for new tenancy dismissed; order for possession granted to HAL.
Legal Topics
Adverse Possession, Breach of Planning Control, Enforcement Notices, Refusal of New Tenancy, Planning Permission, Green Belt Policy
Landlord and Tenant Property Law Planning Law Adverse Possession Breach of Planning Control Enforcement Notices Refusal of New Tenancy Planning Permission +1 more

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Parties

Timothy Fowles

Claimant / Defendant (part 20)

Heathrow Airport Limited

Defendant / Claimant (part 20)

Procedural Posture

Landlord and Tenant / Adverse Possession / Planning / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Fowles is entitled to a new tenancy under the Landlord and Tenant Act 1954
  2. 2 Whether Mr Fowles has acquired title to the Green Land by adverse possession
  3. 3 Whether Mr Fowles’ activities on the site are lawful under planning law

Ratio Decidendi

Mr Fowles is not entitled to a new tenancy because the vast majority of his activities on the site are illegal, being in breach of planning control and enforcement notices, and he has failed to establish adverse possession of the Green Land. The breach of condition notice is valid, and Mr Fowles’ continued activities constitute criminal offences. HAL’s ground of opposition under section 30(1)(c) of the Landlord and Tenant Act 1954 is made out.

Court Disposition

Application for new tenancy dismissed; order for possession granted to HAL.

Orders

  • Mr Fowles’ application for a new tenancy is dismissed.
  • Heathrow Airport Limited is entitled to an order for possession of the Green Land.