Housing Solicitors

A multimillionaire freeholder is trying to evict two tenants in their seventies and eighties, after claiming that they do not occupy the mews house they rent as their main home.

Former Goldman Sachs partner Hugues Lepic, 50, moved into a townhouse in exclusive Cheyne Walk, south London, in 2004, after paying £5.25 million for it.

He also bought the freehold of the mews house rented by his elderly neighbours Robert and Cherry Clarke – aged 81 and 72 – who have lived there for 50 years and brought up their children in the house.

Because Mr and Mrs Clarke have a statutory tenancy, Mr Lepic was able to buy the freehold at below market value for £732, 250.

Mr and Mrs Clarke also pay significantly less in rent than the market rental value of the mews house under their statutory tenancy.

Mr Lepic now claims that the couple do not use the house as their main home – and after studying their movements on surveillance equipment, he claims he has evidence that they have lived in Surrey “for decades”.

As a result, he argues, any protected tenancy is invalidated and they have no right to remain in the property of which he is freeholder.

The court heard that since 2011, the couple have been paying one-fifth of the market rental value of the mews house.

Mr Lepic’s legal representative told the court that, as result, Mr Lepic was “losing out” on £40,000 a year in rent.

The court heard that Mr and Mrs Clarke are “adamant” that the mews house is their primary home – and they have only stayed at the cottage in Surrey “from time to time”.

They allege that their landlord is “only thinking about money”. Mr Lepic’s own home – just yards away from the couple’s rented mews house – is now worth £10m.

The court heard that Mr Lepic had been “happy” that Mr Clarke was a protected tenant when it was in his financial interests while buying the freehold of the mews house – and only afterwards did he decide that he wished to evict Mr and Mrs Clarke.

Mr Lepic alleges that surveillance cameras show Mr and Mrs Clarke only “sporadically showed up” at the mews house.

Mr Clarke – a retired solicitor – claims, however, that he and his wife “have every right” to remain living at the mews house they have rented for 50 years. His legal representative told Central London County Court that it would be “unreasonable” to make an order for possession of the mews and evict the elderly couple, “given their circumstances”.

The hearing continues.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on all housing matters, including advising landlords and tenants on disputes, as well as advising on disrepair, tenancy agreements, Notice to Quit and unlawful eviction.

There are Duncan Lewis offices nationwide – and Duncan Lewis can advise high net worth individuals on property and housing matters, as well as local authorities, private rental landlords and tenants, and social housing tenants.

For expert legal advice on all property and housing matters, call Duncan Lewis housing solicitors on 020 7923 4020.