News & Library

Obtaining a quia timet injunction to prevent trespass

Vastint Leeds B. V. v Persons Unknown [2018] EWHC 2456 (Ch) Vastint Leeds B.V (“Vastint”) is the owner of the former Tetley brewery site in Leeds. The site is a development site and much of it is therefore unoccupied. There are safety issues...

Term implied into lease re. safety of electrical installations

J N Hipwell & Son v Szurek [2018] EWCA Civ 674 Mrs Szurek ran a café in the Grendon Lodge Farm Complex in Kettering. In 2013 she experienced problems at the premises which she said were the result of unsafe electrical wiring. These problems led...

How to identify an assured agricultural occupancy (AAO)

As we specialise in agricultural law, a situation we come across fairly regularly is where a client wants advice about the basis on which a farmworker is occupying a farm cottage. Normally the occupier is not paying any rent and there is no written...

Charity of the year: update on funds raised for Longfield

We were pleased to announce in January that Loxley decided this year to support Longfield as our designated Firm Charity of the Year for 2018.  All proceeds of any charitable events which we undertake throughout the course of 2018 will be donated to...

Post 1 October 2018 changes to the AST regime

The Deregulation Act 2015 brought in wide-ranging changes to the assured shorthold tenancy (AST) regime. Initially those changes only applied in relation to ASTs that started after 1 October 2015. However, as of 1 October 2018 some of the provisions in the...

Property impacts from October 2018 Budget

On 29 October the Chancellor, Philip Hammond, delivered his autumn budget with half an eye toward Brexit and the coming year. The majority of the budget focused on wide-ranging policy decisions, however there were a couple of points that impact on the...

Phasing out of BPS - Agriculture Bill 2018

The Agriculture Bill 2018 was published on 12 September and set out the basic proposals for the agricultural industry after Brexit. One major point that rose from the bill was confirmation that direct subsidy for farmers would be phased out by 2027.  ...

HMRC's current position on SDLT - mixed use

When making a return for Stamp Duty Land Tax (SDLT) for the purchase of a property, the purchaser must inform HMRC what category the property falls within: residential; non residential; or mixed use.  This is of significance since each of the different...

Where has all my property gone?

We have noticed a recent increase in companies being dissolved while still holding assets, notably freehold property. Where property has been purchased in the name of a company, possibly for tax reasons, individuals can, over time, forget that they do not...

Government consultation on longer terms for ASTS

At the start of July the Ministry of Housing, Communities & Local Government (MHCLG) launched a consultation to gather views on how to overcome the barriers to longer tenancies in the private sector. The prompt for the consultation is that since the...

THE GDPR - does it apply to private landlords?

It is unlikely to have escaped your attention that the General Data Protection Regulation (GDPR) has come into force. It replaces the Data Protection Act 1988 and, in relation to landlord and tenant relationships, sets the standard by which landlords need to...

Proposed Radon Action Plan

Radon is a radioactive gas that is formed by the radioactive decay of small amounts of uranium which naturally occur in all rocks and soils. It is colourless, odourless and reported as the biggest source of radiation exposure to the UK population in homes...

ASTs: new 'How to Rent' booklet released

If you are looking to grant a new assured shorthold tenancy (AST), or a fixed-term AST becomes periodic (normally by running on on a monthly basis) you must provide the tenant with a copy of the Ministry of Housing, Communities and Local Government’s...

Assets of Community Value

Assets of Community Value (“ACV”) are a relatively new statutory innovation introduced by Part 5 of the Localism Act 2011 (the “Act”) and the Assets of Community Value (England) Regulations 2012. The Act requires local authorities to...

Habberfield v. Habberfield Proprietary Estoppel

This recent case is a further illustration of the willingness of the Court to step in to give effect to promises of future conduct which are intended to be relied upon.  Lucy Habberfield worked on her family’s farm for 30 years and successfully...
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