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Relinquishment and assignation 1991 Act tenancies—Scotland

Relinquishment and assignation 1991 Act tenancies—Scotland Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’ Sections 110 and 111 of the Land Reform (Scotland) Act 2016 came into force on 28 February 2021 inserting Part 3A into the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) providing a process whereby a tenant under a 1991 Act tenancy can relinquish their tenancy to the landlord in exchange for compensation, or if the landlord does not buy them out, allow the 1991 Act tenant to assign the tenancy to a ‘new entrant’ or to a ‘person progressing in farming’. The provisions contained in the Agricultural Holdings (Relinquishment and Assignation) (Scotland) Regulations 2020, SSI 2020/430, (R&A Regs 2020) apply to an agricultural holding in respect of which the lease was entered into in writing: • before 27 November 2003, or • on or after 27 November 2003 but before the commencement of the tenancy, and the lease expressly states that AH(S)A 1991 is to apply to it...

Quick guide to Electronic Communications Code cases

Quick guide to Electronic Communications Code cases This Practice Note provides a summary of the main details of cases decided under the Electronic Communications Code, set out in Schedule 3A to the Communications Act 2003, including the relevant provisions of the Code and the outcome of the case. For further guidance in relation to the Code, see Practice Notes: The Electronic Communications Code—code rights and The Electronic Communications Code—terminating and renewing code rights. Case and Court/Tribunal Provisions of Code considered Decision Further details Imposing Code rights and agreements Cornerstone v University of London [2018] UKUT 356 (LC)—Upper Tribunal (Lands Chamber) (UT) and University of London v Cornerstone [2019] EWCA Civ 2075—Court of Appeal Para 26 (interim Code rights) A temporary right of access to undertake a survey (known as a multi-skilled visit or MSV) to assess the suitability of a site constitutes ‘works’ and is therefore a Code right. A claim for interim Code rights under para 26 can be free-standing and...

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Is a residential tenant of a mixed use development liable to pay an appropriate amount through their service charge towards the commercial weighting of the premium? And can the landlord collect from all tenants the premium for the property owner’s liability?

Is a residential tenant of a mixed use development liable to pay an appropriate amount through their service charge towards the commercial weighting of the premium? And can the landlord collect from all tenants the premium for the property owner’s liability? These issues were addressed by the Upper Tribunal (Lands Chamber) LC in Sadeh v Mirhan and Azzniv (Charitable Trust). The case involved disputes as to the service charge and insurance payable by tenants in a mixed use building. The residential tenants argued that the insurance covered risks which were not envisaged by their leases and which could not properly be charged for through the service charge—both in terms of: • commercial weighting of the insurance, and • in respect of the element of insurance relating to property owner’s liability On the first point, the residential tenants claimed that the entirety of the loading for a commercial use should be attributed solely to the commercial unit, and accordingly that the residential tenants should pay a...

Where grandparents are paying for their grandchildren's education, would the standard hotchpot clause be adequate if those grandparents want their children, to whom they are leaving their estate equally, to bring into hotchpot the sums paid out in respect of each child’s own children? If that clause does not apply, is there alternative drafting which would cover this scenario?

Where grandparents are paying for their grandchildren's education, would the standard hotchpot clause be adequate if those grandparents want their children, to whom they are leaving their estate equally, to bring into hotchpot the sums paid out in respect of each child’s own children? If that clause does not apply, is there alternative drafting which would cover this scenario? For the purposes of this Q&A, we have focussed on the doctrines of hotchpot, ademption and satisfaction. Ademption and satisfaction Where payments are made to the grandchildren and not their parents, this could possibly be a case of satisfaction and ademption rather than hotchpot. Satisfaction is the gift of property with the intention that it shall be taken either wholly or partly in extinguishment of some prior claim of the donee, whereas ademption occurs where a testator no longer owns the subject-matter of the gift (ie the property given by the gift) at the date of their death. The doctrine of ademption was first explained by the Earl of...

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Property Disputes weekly highlights—12 June 2025

This week's edition of Property Disputes weekly highlights includes an analysis of a case where the Technology and Construction Court clarified the limits of recoverable loss claims for damages under the Defective Premises Act 1972, an Upper Tribunal decision overturning a remediation order citing procedural irregularities, a Court of Appeal decision on whether secured debts incurred prior to a debt moratorium are excluded, and a High Court decision dismissing a beneficial interest claim in a civil recording and possession claim under the Proceeds of Crime Act 2002.

Property weekly highlights—12 June 2025

This week's edition of Property weekly highlights includes: Spending Review 2025, the Law Society’s technical note on physical climate risks following its recently published practice note on climate change and property practice, mandatory solar panels for new homes, an AI tool to accelerate the planning permissions process and cases on town or village greens, common intention constructive trusts, residential service charges and rent repayment orders.

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