Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Hannaford v Selby - 1976

288 words (1 pages) Case Summary

16th Jul 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Hannaford v Selby (1976) 239 E.G. 811

Trust – Beneficial Interest – Common Intention – Property – Repossession – Licensee – Notice – Reasonable Time

Facts

The defendants, the Selby family, were the parents of the complainant, Mrs Hannaford. The Hannaford family bought property in their own name and used the money from selling their former home. The complainant came to an agreement with her parents that they could live with her and her family. The Selbys did not contribute to the purchase price of the property, but they did pay £5 per week into the family kitty and helped with household expenses. They left their council house to move in. Mr Selby used the garden to grow his vegetables. The complainant sought repossession of the property after relationships broke down.

Issues

The issue in this case was whether the defendants had a beneficial interest in the property in light of their repeat contributions to the household and family kitty, as well as growing vegetables in the garden.

Decision/Outcome

It was held that the defendants were not entitled to reside in the property. The Selbys were classed as ‘bare licensees’ as there was no intention to create legal obligations with the complainants when they moved in. It would not matter if the party had made financial contributions nor were the vegetables seen as a ‘detriment’ that would create beneficial interest in the property. However, the defendants were entitled to reasonable notice and a reasonable chance to find other accommodation. The court stated that ‘reasonable time’ could be as much as six months, depending on the circumstances.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles