Lewis v Warner [2017] EWCA Civ 2182

Written by Sam Carroll

June 26, 2018

This matter concerned cohabitants. Mr Warner lived with his wealthy partner, Ms Blackwell for 19 years before she passed away. Ms Blackwell left her home to her daughter, Ms Lewis. Ms Lewis refused to allow Mr Blackwell to stay unless he purchased the property from the estate for £425,000. He refused and Ms Lewis therefore brought possession proceedings against him.  He filed a defence and made a separate application seeking an order permitting him to continue living there.

At first instance, Recorder Gardner QC found that Mr W had been being maintained by virtue of being provided with a roof over his head. It was also found that the deceased’s Will failed to make reasonable financial provision for Mr W, taking into account a number of factors. A requirement on him to move should be avoided if possible, it would be unreasonable for Ms Lewis to have to wait to sell the property and Mr Warner should therefore be given an “option to purchase” for £385,000, but could continue to live there.

Ms Lewis appealed and her appeal was dismissed.  She appealed again and it was dismissed. Mr W was therefore able to continue residing at the property.


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