good for bristol

Thursday, 11 October 2012

Court today

10.00am at the County Court in Redcliffe.  Lloyds TSB are going for full possession forthwith for our building.  We'll be attempting a proportionality defence - it won't do much good but might get us an extra fortnight.

Lloyds TSB hold the lease for the building we live in.  There's a break clause - they can hand the building back to the owner - for April 2013.  It's almost certain Lloyds TSB will keep the place empty until next April and then activate the break clause.

Article 8 of the Human Rights Act 1988 gives a right to respect for a person's home.  Essentially we're going to argue it's disproportionate to deprive us of this right immediately taking into account:
  • there are nine people living in the building
  •  we're not causing any harm or nuisance
  • Lloyds TSB are holding the building empty
  • the state has a controlling 43.4% state in Lloyds TSB
Lloyds TSB's solicitors have done the paperwork for the case properly so we've got no real defence to their claim for possession but there's a slim chance we might manage to squeeze a couple of weeks out of them.

Quirkily the building is owned by a registered charity, the Coventry Diocesan Board of Finance Ltd.  This doesn't change the legal position but I'll drop it in anyway.

Wish us luck!

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