Live-in Guardians
Live-in Guardians

Landmark Judgement in Court of Appeal

February 09, 2022

The Court of Appeal recently gave guidance on the issue of possession claims and the “tenant vs licensee” distinction in the Property Guardianship model.

It has been held that the occupiers of a building (Guardians) must satisfy the court that they have a realistic prospect of defending a possession claim, to avoid a summary possession order being made against them at a first possession hearing. Additionally, even if occupiers (Guardians) claim to enjoy exclusive possession of any building, this on its own is not sufficient to claim any tenancy exists and that the court must have regard to the terms of the contract.

A previous judgement given in the High Court applied a lower threshold as to whether a Guardian (or Tenant) had the right to a full hearing, which would have delayed matters by many months and would have made the Guardian model unworkable.

Thankfully, the Judge in the Court of Appeal acknowledged that it was essential to the provision of guardian services that the property could be handed back when required.

In summary, the risk of a property owner not obtaining vacant possession when required has been significantly reduced.

More news from Live-in Guardians

Live-in Guardians

Live-in Guardians and Settle Housing Association Shortlisted for Public Private Partnership of the Year at EG Awards 2026

Leading vacant property protection specialists Live-in Guardians are delighted to announce that their partnership with Settle Housing Association has been shortlisted for Public/Private Partnership of the Year at the prestigious Estates Gazette Awards 2026, in recognition of their work at Anderson House.
Live-in Guardians

How Guardianship Works in Practice

Vacant property security means more than alarms and occasional patrols. Live-in guardianship delivers continuous, active protection through vetted individuals living in your empty building, providing 24/7 deterrence against squatting, vandalism, and theft while reducing your security costs and empty business rates in one solution.
Live-in Guardians

How Live-in Guardianship Cuts Costs and Eliminates Security Risk

If you're holding vacant property during planning delays, refurbishment, or a protracted sale, you already know the arithmetic: business rates on empty buildings, insurance, periodic patrols, boarding maintenance, and the constant anxiety about break-ins or squatters.
Live-in Guardians

Case Study: Mornington Terrace, Camden

Replacing £10,000-a-month security costs with a professionally managed guardianship solution.