Chalet Land, A Possession Claim, An Application For Summary Judgement And Strike Out – What Could Go Wrong?

The recent case of Abbotsley Limited v Pheasantland Limited [2025] EWHC 654 (KB) has reiterated the practical difficulty faced when seeking to obtain an 'early determination' of a possession case.

Background

The Claimant, Abbotsley, entered into a lease in 2003 in respect of the Holiday Chalet Land at Abbotsley Golf & Squash Club in Cambridgeshire ("the Chalet Land"). There are solid wooden lodges situated on the site. The Defendant, Pheasantland, took an assignment of the lease of the Chalet Land in December 2017 and thus Abbotsley and Pheasantland had the relationship of landlord and tenant.

A notice pursuant to section 146 of the Law of Property Act 1925 ("the section 146 notice), dated 3 January 2023, was served on Pheasantland alleging various matters including that various lodges were being occupied as permanent accommodation or used for commercial premises and that nuisance, damage and disturbance had been caused. The section 146 notice gave a month's