Compensation

The Compulsory Purchase & Compensation team at Fisher German is overjoyed to have helped a Northamptonshire woman move into a new home after difficult circumstances put her at risk of becoming homeless.

Our client from Chipping Warden, who wishes to share her story anonymously, faced homelessness due to her smallholding being in the path of HS2, but has now secured a place to live after we fought the decision over the course of six years.

The smallholding originally rented by our client’s husband was in the path of the planned HS2 route but the company offered compensation for the couple instead of a replacement home. During the course of our team negotiating on their property rights, our client faced further heartache after her husband passed away in 2017. Although she was entitled to inherit his tenancy under law, that right was challenged by her landlord and the case was taken to a tribunal.

By this time, our team had convinced HS2 to offer a replacement home – but it would only apply if our client was to inherit the tenancy on her old property, meaning that winning the case was crucial to getting a new home.

At the tribunal, the judge ruled in favour of our client who has now found a new home.

Jonathan Perks, Associate Director at our Banbury office, who liaised directly with the client throughout the whole process, said: “We were able to prepare a comprehensive report ahead of the tribunal which highlighted the viability of the tenancy – which is key to allowing the tenancy to be passed on when the original tenant dies.

“Winning the tribunal for our client was so important. After we managed to convince HS2 to offer her a replacement home – a massive victory in itself - she would only be able to claim it if the judge ruled in her favour.

“The case was rather complex and involved quite niche areas of case law, and the judge’s final decision was close.

“But the judge remarked about the clarity of our evidence, which helped swing things towards our client. Having a well-prepared and presented case can make all the difference in tribunals like these.

“We’re absolutely delighted with the ruling, as it means our client will be able to move into a new home with minimal costs involved. There was a real chance she could have been made homeless, but our strong evidence-gathering on her behalf won the day.”

Michael Johnstone, of Loxley Solicitors, also acted on behalf of our client at the tribunal.

If your property or land has been marked as within the pathway for proposed plans for infrastructure works, why not get in touch with our team and see how they can help? You can find out more here.

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