News & Library

Proving a landlord's intention to redevelop

Section 30(1)(f) of the Landlord and Tenant Act 1954 has received a lot of commentary and attention over the past year following the Supreme Court’s decision in S Frances Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62. Part II of the...

Powers strengthened to revoke water licences

In January 2019 the government consulted on how to improve their management of water in the environment. As part of the consultation they proposed changes to reform water abstraction licensing. In particular, they proposed changes to the conditions under...

Resisting the grant of code rights

The new Electronic Communications Code (the “Code”), which came into force in December 2017, is widely seen to favour the interests of operators over landowners, which is unsurprising given that the policy objective of the Code is to facilitate...

Leases and competition law: can user clauses be overridden?

When negotiating a lease, its effect on competition may not be at the forefront of most landlords’ or tenants’ minds, but a case currently before the Competition Appeals Tribunal (CAT) serves as a reminder of the application of competition law to...

An end to no-fault evictions under Section 21?

The Ministry of Housing, Communities and Local Government (MHCLG) has recently published its response to the government’s consultation last year on longer tenancies, and the proposals have sent shockwaves through the industry because of the...

Interfering with underground water

Interfering with the flow of a stream can cause a nuisance if damage is suffered but the law of surface streams is not applicable to water percolating underground.  Many old private water supply systems on farms benefit from underground water...

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...
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