Property & Land Law

At first blush, the “How To Rent: Checklist for Renting” in England might appear to be a document which contains little in the way of helpful information and which is of minimal practical use. In all frankness, it may well appear to be so at the second and third blushes as well. It would not … Continue reading →

I was instructed by a local council who had introduced a selective licensing scheme under Part 3 of the Housing Act 2004 (“the Act”); a property comprising 22 individual flats fell within the designated selective licensing area (and indeed had previously been granted a non-transferrable licence) and was acquired by a limited company with an … Continue reading →

Background If a landlord does not protect a residential tenant’s deposit, there are repercussions. The Housing Act 2004 (“HA 2004”) imposes sanctions for non-compliance with the initial requirements to protect a deposit such that the court must order the landlord to pay a penalty award to the tenant (HA 2004, s214 (4)).  The level of … Continue reading →

Introduction Estoppel is a murky legal topic, encompassing a number of concepts that are easily confused.  This short note aims to momentarily clear the fog and allow a glimpse into some of those concepts. The doctrine of estoppel goes back to at least the 1600s.  There are many forms including Proprietary, Promissory, Contractual, Estoppel by … Continue reading →

I dealt recently with a claim for adverse possession which arose from a fairly unusual set of circumstances. My client had purchased two lock-up garages at auction in 1985 for the sum of £2,100; the garages were part of a residential estate which had been constructed by a large-scale Developer on previously agricultural land. For … Continue reading →

Introduction As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise). On the face of it, generating … Continue reading →

Summary In the second of two articles, I look at housing disrepair claims brought under the Defective Premises Act 1972 (DPA 1972). A Brief History The liability of landlords for failing to safely maintain premises has steadily increased in scope in the past century by way of parliamentary intervention. A landlord has historically not been … Continue reading →

Summary In the first of two articles, I will provide a quick guide to housing disrepair claims where remedies of damages and/or specific performance are sought. Compensation or injury? It should be noted that claims primarily seeking compensation or specific performance against a landlord regarding disrepair to the structure, exterior, or specific installations of a … Continue reading →

I have recently been asked by a commercial tenant, and not for the first time, do I have a lease or a licence? One might imagine that the document in which the details are set out would be very explicit. It is not always that simple. Just because the office, workshop, car park or sheep … Continue reading →

Summary Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee … Continue reading →

The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for … Continue reading →

This article will look at the recent judgment given in Samuels v Birmingham City Council [2019] UKSC 28 (“Samuels”) and the legislation regarding homelessness and intentionally homeless decisions. The Appellant, in the case of Samuels, was an assured shorthold tenant of a property where she lived with her 4 children. Due to rent arrears, in … Continue reading →

Assertions of adverse possession (or “squatter’s rights”), where an individual is entitled to claim ownership of land by virtue of the fact that they have used the land as their own for an extended period, are frequently the cause of prolonged and expensive litigation. The Land Registration Act 2002 was intended, in part, to prevent … Continue reading →

The Facts I acted recently in a case involving a right of way over an access running along the back of a terrace of houses and out to a public highway; my client (“D”, the Defendant) owned a house towards the “mouth” of the right of way and his neighbour (“C”, the Claimant) owned a … Continue reading →

Sometimes when a barrister says he (or she) will “dine out on a case” it’s literally true. I was instructed recently in a landlord and tenant case involving the commercial lease of a fast food premises; my client was the tenant who had acquired the lease of a vacant fish and chip shop; the lease … Continue reading →

On Thursday 27th October 2016, Becket Chambers hosted a seminar spanning a wide range of civil topics covering recent case law and updates. The aim of the seminar was to bring together Local authority lawyers, civil practitioners and other professionals. One of the cases discussed at length during the course of the seminar was the … Continue reading →

Many boundary disputes arise from misunderstandings or a lack of communication between neighbours, but rapidly escalate into cripplingly expensive litigation. It’s essential that if you’re affected (whichever side of the fence you’re on) you get proper legal advice from a Solicitor or Barrister before getting sucked into what could become acrimonious, stressful and lengthy proceedings. This article … Continue reading →