Actual Occupancy In the case of Link Lending 14 the courts described the

Actual occupancy in the case of link lending 14 the

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Actual Occupancy In the case of Link Lending 14 , the courts described the factors to be taken into consideration to know actual occupation. These are 1) Intention to return 2) Length of absence 3) Reason for absence 4) Circumstances of the person concerned. The fact that the couple went on a holiday proves their intention to return to the property. Secondly, their length of absence is a month which when contrasted with chokar 15 which was a short-term absence of 1 week. The reason for absence is a holiday which can be contrasted with chokar 16 and Link Lending 17 where the courts were leaning to give actual occupation to people who had a medical reason, or their absence was a legal reason. However, in the case of Stockholm Finance 18 , the courts could not find any valid reason for absence. The intention to return from holiday coupled with the duration of 1 month and a valid reason to go for holidays makes for a strong argument that there was actual occupation. Fulfilling provisions under para 2 sch 3 LRA 2002 12 Ibid-no. 9 13 National Provincial Bank v Ainsworth [1965]A.C.-1175 14 Link Lending v Bustard [2010] EWCA Civ-424 15 Chhokar v Chhokar [1984] FLR 313 16 ibid 17 Ibid-no.13 18 Stockholm Finance Ltd v Garden Holdings Ltd [1995] NPC-162 4
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ID :1756172 Word Count: 1245 Under b, Reena made an inquiry with Tom and not the couple and hence, this would remove the requirement of reasonably informing her of their occupation from the occupiers. c) (i) where it says that there would be no overriding interest if upon reasonable inspection, the interest i.e. belongings of the inhabitants were not obvious. When Reena originally came in to view the property, on a reasonably careful inspection of the property, she did find the belongings of Amirah and John but was lied to by Tom. Moreover, c (ii) states that if the person buying the property has no actual knowledge of the occupation of the inhabitants, their interest in land would be lost. In our case, Reena doesn’t have actual knowledge of the interest of the couple, however, this is due to Tom who lied. The courts may consider this as no fault of the occupiers and may perhaps overlook the statutory requirement and ask the
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