Naeem Nazir & Anor v Dilshad Begum
[2024] EWHC 378 (KB)
Sassy Garcia v Arima Door Centre Holding Company Ltd (Trinidad and Tobago)
1 August 2023
[2023] UKPC 31
Privy Council
Someone lived in a house for a long time after their tenancy ended. The landlord waited too long (more than 16 years) to try to get them out, so they now legally own the house.
Key Facts
- •Appeal from the Court of Appeal of Trinidad and Tobago concerning an order for possession of land.
- •Appellant (Sassy Garcia) occupied the property since 1971, originally as a monthly tenant under her father.
- •Tenancy terminated on April 30, 1996, following a notice to quit.
- •A rent payment was made on August 23, 1996, for periods before the tenancy ended.
- •Claimant (Arima Door Centre) acquired title in March 2012 and initiated the possession action in May 2012.
- •The main issue was whether the claim was barred by the 16-year limitation period under the Real Property Limitation Act 1846.
Legal Principles
Adverse possession requires sufficient physical control and intention to possess.
Lares v Lares [2020] UKPC 19
Deeming provisions in limitation Acts are not exclusive; general principles apply where deeming provisions don't cover the situation.
Paradise Beach & Transportation Co Ltd v Price-Robinson [1968] AC 1072
Non-payment of rent by a tenant doesn't automatically end the tenancy.
Common Law
Section 9 of the Real Property Limitation Act 1846 applies to situations where there's an oral periodic tenancy with unpaid rent but no formal termination.
Real Property Limitation Act 1846
When a tenancy is terminated by a valid notice to quit, the right of entry arises upon expiration of the notice, and Section 9 does not apply.
Jourdan and Radley-Gardner on Adverse Possession, 2nd ed, para 5-07
Outcomes
Appeal allowed.
The claimant's action was brought after the 16-year limitation period expired. Section 9 of the Act did not apply because the tenancy was terminated by a notice to quit, not by non-payment of rent. The right to recover possession accrued upon the notice's expiration.
Order for possession set aside.
Claimant's title extinguished due to the expiry of the limitation period.
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