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Spielplatz v John and Maureen Pearson [2015] EWCA Civ 804

CitationSpielplatz Limited v John & Maureen Pearson [2015] EWCA Civ 804

After Andy Creer obtained permission on paper, she and John de Waal QC will appear in the Court of Appeal in July 2015, acting for the Spielplatz Estate, a naturist resort founded in 1929.

The site contains 64 plots of land, which are let only to Spielplatz members. In 1992 the Pearsons entered into a tenancy agreement of one of these plots on which they built a chalet. The tenancy was terminated but the Pearsons successfully defended Spielplatz’s claim for possession on the grounds that they had an assured tenancy because the chalet had become part and parcel of the land - Elitestone Ltd v Morris [1997] 1 W.L.R. 687, H.L.

On appeal, Spielplatz seeks to distinguish this case from Elitestone on the basis of concessions made by counsel for the tenant in that case, but argue that even if the chalet has become part of the realty, the Pearsons have a licence to occupy the chalet, not a tenancy of the building.

A summary of the Court of Appeal decision appears here.