May 2012 #291 – Law Journals

Nuisance: Locality is key

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Helena Davies considers the law of private nuisance, focusing on a few key concepts that have been assessed in detail in recent Court of Appeal decisions ‘It is not the way a defendant has undertaken his activity that is being tested for reasonableness, but rather the user of the land itself.’ The central concept discussed …

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Enfranchisement: More on houses

When is a house reasonably so called? A recent judgment throws some further light on the issue, as Natasha Rees finds out Enfranchisement practitioners are waiting with bated breath for the outcome of two appeals in the Supreme Court known collectively as ‘Hosebay’. Both appeals concern the definition of a ‘house’ under the Leasehold Reform …

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Tenant: Give me a break!

Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward ‘It is common for a break clause to be conditional upon performance by the tenant of its covenants under the lease. Consequently, any subsisting breach of covenant on the part of the …

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Lease Renewals: Ground (g) and the ‘five year rule’

Melissa Thompson and Laura Clegg report on the importance of timing for landlords who want to recover possession of premises for the purpose of carrying on their own business ‘A study of the debate surrounding the introduction of LTA 1954 shows that, when introduced, this ground of opposition was highly controversial.’ The recent Court of …

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Flood Insurance: Forecasting problems ahead

Laura Oliver and Julia Heyn assess how changes in flood insurance are likely to impact on landords and tenants as well as lenders ‘Since 2000 the ABI and the government have had an agreement known as the Statement of Principles on the Provision of Flood Insurance. The Statement was revised most recently in 2008 and …

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Squatters: A missed opportunity?

Caroline DeLaney contemplates the new offence of squatting in a residential building, and the background to it ‘In introducing the new offence of squatting in residential premises the government has fallen short of criminalising squatting in non-residential buildings.’Tucked away in s144 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 is the new …

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