Where the Landlord and Tenant Act 1987 (LTA 1987) applies, the landlord of the qualifying tenants is prohibited from making a ‘relevant disposal’ without first following the prescribed procedure, beginning with service on the tenants of a notice under LTA 1987, s 5. See Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Where a relevant disposal is made in breach of LTA 1987, the disposal is not invalid and takes effect

In a claim by X for adverse possession of unregistered land (Blackacre), can X rely on the occupation of the land by their tenant as factual possession to found their claim? A tenant cannot acquire title against their landlord during the currency of the lease but if Whiteacre is let to X by Y and X enters into adverse possession of Blackacre then the adverse possession of X will enure for the benefit of Y, their landlord, so long as the land encroached upon, Blackacre, is very close to the demised land and occupied by the tenant with the demised land, see Tower Hamlets LBC v Barrett per Neuberger LJ—and no different intention is shown by the conduct of the landlord or tenant within 12 years of the adverse possession. See Smirk v Lyndale Developments

See our Practice Note: Establishing adverse possession of land, which highlights the two key aspects of an adverse possession claim: factual possession and intention to possess. Factual possession 'Possession' depends on overt acts. The squatter must show that: • they had the appropriate degree of physical control of the land • possession was single or joint (there can be more than one squatter jointly, but not severally) • possession was exclusive, and • they dealt with the land as an occupying owner might have been expected to deal with it, and as no-one else has done Intention to possess The squatter must have 'an intention for the time being to possess

Under section 49 of the Employment Rights Act 1996 (ERA 1996), where an employment tribunal finds in favour of a claimant in a detriment claim, it: • must make a declaration that the claimant has been subjected to the detriment alleged, and • may, at its discretion, award compensation The amount of compensation to be awarded is whatever the tribunal considers just and equitable in all the circumstances having regard both to: • the infringement to which the complaint relates, and • any loss which is attributable to the act (or failure to act) which infringed the claimant’s right The loss is taken to include: • any expenses reasonably incurred by the claimant in consequence of the infringing act, or failure to act complained of, and • loss of any benefit which the claimant might reasonably be expected to have had but for that act or failure to act Such

Where a landlord is in breach of a covenant to repair, the remedies available to the tenant include a claim for damages. The measure of damages is the sum required to put the tenant into the position they would have been in,

Section 1 of the Leasehold Reform Act 1967 (LRA 1967) confers on a tenant of a house for the last two years under a long tenancy at a low rent the right to either: • acquire, on enfranchisement, the freehold, and • obtain an extended lease of the house and premises expiring 50 years after the date on which the existing term is due to expire The low-rent

The Pre-Action Protocol for Debt Claims (in force since 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader. The Pre-Action Protocol for Debt Claims also does not apply: • where the debt is covered by another pre-action protocol, or • to claims issued by Her Majesty’s Revenue and Customs that are governed by CPR PD 7D (Claims for the recovery of taxes and duties) If your debt claim is not governed by the Pre-Action Protocol for Debt Claims (the Protocol) or another protocol, you will need to continue to follow the

In possession proceedings, the defendant will usually be the tenant(s) named in the tenancy agreement or lease, or the party paying rent. Where there may be others also in occupation, it may be prudent to join these as further defendants to the proceedings, to the extent

Deputies appointed by the Court of Protection A party to litigation who lacks the capacity to conduct the proceedings is a person lacking capacity within the definition of the Mental Capacity Act 2005 (MCA 2005) and since 1 October 2007, is known as a 'protected party' (P). A deputy is a person appointed by the Court of Protection to enable that person to make certain decisions for someone else who lacks capacity. For further information,

If a party is successful in a claim the usual rule is that the losing party pays both his and the other party’s costs. Costs might be assessed in the following ways: • indemnity basis: this is where the court allows all of a party’s costs as set out in their statement of costs without assessing them further • standard basis: this is where a Judge ‘taxes’ costs, which means the court assesses (ie reduces) the costs to be paid by the losing party towards the winner’s costs • fixed costs: the court has a fixed set of costs that will be awarded in certain circumstances which are set out in CPR 44 Costs are always at the discretion of the court but it is the usual order that a costs order should

Will damage to property amount to private nuisance? Private nuisance is an interference with the use or enjoyment of land, or of some right over or in connection with it. The nuisance is usually continuous, and is also indirect. It is distinct from trespass which involves a direct interference with someone’s right to exclusive possession of land. When determining whether there has been an impairment of the enjoyment of land, the governing principle is that of the ‘reasonable user’. If a claimant is being unusually sensitive to a petty annoyance that another person would disregard, they are unlikely to be successful. The court will also take into account factors including the locality of the land, the extent and duration of the disturbance, any social value to what the defendant is doing and the motivation of the defendant. The claimant must usually prove damage, for example physical damage to the land itself or property on the

Where an application for reasonable financial provision is made under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) this must be served on every defendant. Defendants are such persons ‘as appear necessary’, this is interpreted as all those persons whose ‘beneficial interests may be affected’ by any order, and consequently will vary according to the order being sought. Where there are numerous beneficiaries with the same interest, a representation order can be requested (eg see Part 8 Claim Form by infant child for reasonable provision and for representation order from Atkins Court Forms, Volume 32(1): 05/2010). Apart from those with a beneficial interest in the estate, the most obvious defendants will be the deceased's personal representatives. Where a defendant is outside England and Wales jurisdiction, it is necessary to consider if: • a claim form or other document can be issued and served on a person out of the jurisdiction