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Briefing quick find:

Empty rates relief clarified

The High Court has recently held that occupation of a very small percentage of a property counts as rateable occupation for tax purposes, allowing for a claim of empty rates relief once the period of occupation terminated. Facts In Makro Properties v…

Rights under a secure tenancy

It has been held in the case of Solihull Metropolitan Borough Council v Hickin, that where a joint tenant holds a secure tenancy, the remaining surviving tenant can rely on the law of survivorship even where not in occupation of…

Squatting becomes a criminal offence

The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) has recently been approved by Parliament and will come into effect on 1st September 2012. Amongst the raft of proposals, section 145 of the Bill will make “squatting” a criminal…

Adverse possession

The term ‘squatters’ rights’ is one that is well established in the media, but applications for adverse possession, to label it properly, can be fraught with difficulty if care is not taken. An application for adverse possession is made under paragraph…

The eviction of Dale Farm in Essex begins today

Owners and managers of land in the area should be aware that their land is vulnerable to being occupied by large numbers of vehicles and people. You should ensure that you have taken all reasonable steps to secure any open land you may own…

Hoarders/Uncooperative Tenants – Some Solutions

There has always been a fine balancing exercise for social landlords, in complying with their duties to their tenants and enforcing tenants’ obligations. Never more so than in the case of those unwilling to engage with their landlord, where the…

Lease Guarantee: When can you not rely on them?

The Landlord and Tenant (Covenants) Act 1995 (the “1995 Act”) provides in relation to leases made after 31 December 1995 for tenants and guarantors to be released from liability on assignment of the lease. Section 25 of the 1995 Act…

The problem of costs in construction litigation

In litigation in England, it is generally expected that the winning party will recover most of its legal costs in pursuing the claim. Accordingly, most claimants, if winning, expect that they will make a “profit” out of the litigation that…