If the trespasser occupied the premises under a tenancy or licence beforehand (rather than having gone into occupation as a trespasser), that tenancy or licence must have been determined ie by effluxion of time or by notice to quit etc as appropriate. Once any such interest is terminated and the occupier therefore becomes a trespasser (or where the trespasser goes into occupation without authority, ie has never been a tenant or licensee) no notice is required before commencing possession proceedings as there is no interest to terminate. However, from a practical perspective, a landlord may sometimes decide to give notice to the trespasser requesting that they vacate before incurring the costs of issuing and serving

The question raises the circumstances in which a lease of premises which are used by the tenant for the purposes of a business may be brought to an end. Although the same principles apply to an oral lease as they do to a written one, difficulties can arise in deciding how they should be applied when the lack of writing creates uncertainty as its terms. For the purposes of answering this question, we have assumed that the lease will have the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954). The fact that there is no written

The court’s power to strike out a statement of care are found in CPR 3.4. The power is exercisable where: • the statement of case discloses no reasonable grounds for bringing or defending the claim • the statement of case is an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings, or • there has been a failure to comply with a rule, practice direction or order of the court In addition, the courts retain an inherent jurisdiction to strike out all

If there is a licence or contract in place under which a person is entitled to station a caravan on a ‘protected site’ and occupy the caravan as their residence, then the relevant legislation is the Caravan Sites Act 1968 (CSA 1968). A ‘protected site’ is defined as any land in respect of which a site licence is required, not being land in respect of which the relevant planning permission or site licence is expressed to be granted for holiday use only, or is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation. Even if there is no written agreement in place, the terms of the arrangement under which occupation was permitted may be inferred from the conduct of the

If the caravan is stationed on a protected site (within the meaning of the Caravan Sites Act 1968 (CSA 1968)) then the owner of the caravan will have to give at least four weeks’ notice to terminate in accordance with CSA 1968, s 2. If the caravan is not stationed on a protected site, then it is possible that the oral agreement could

See Precedent: Notice to complete (Standard Commercial Property

The Tiers 2 & 5 sponsor guidance confirms at paragraph 15.6 that where a Tier 2 (General) migrant’s sponsored employment is terminated prior to the end date appearing on their Certificate of Sponsorship, the sponsor must report this to the Home Office within ten working days. The report must include the name and address of any new employer that the migrant has moved to (if known), the migrant's last recorded residential address and contact telephone number, and any personal email addresses (if known). On receipt of this report, the Home Office may request the passport(s) of the migrant and, if relevant, their dependants in order to curtail

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 requires the transferor to provide specified employee liability information (ELI) to the transferee. This includes, in respect of each person employed by them who is assigned to the organised grouping of resources or employees that is the subject of a relevant transfer (ie each potentially transferring employee), terms and conditions relating to entitlement to holidays, including public holidays, and holiday pay. For further information, see Practice Note: Information and consultation in transfers—Employee liability information. An incorrect statement as to the contractual status of section 1 of the Employment Rights Act 1996 (ERA 1996) particulars of employment will not amount to a failure to comply because transferors are not required to state whether those particulars are contractual or non-contractual. If a transferee wants greater clarity as to the precise nature (contractual or otherwise) of those particulars, that is a matter for it to pursue

See the following content in consideration of this question: • Q&A: Who should bring a claim on behalf of the estate? • Practice Note: Personal representatives—powers, duties and

Offence to immobilise motor vehicles It is an offence to immobilise, move or restrict the movement of a motor vehicle in a way which would prevent a person (who is entitled to remove that vehicle) from removing the vehicle concerned. Section 54 of the Protection of Freedoms Act 2012 (PFA 2012) provides that: ‘A person commits an offence who, without lawful authority— (a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or (b) moves, or restricts the movement of, such a vehicle by any means, intending

It is not uncommon for a landlord to require that a tenant obtain a guarantor in respect of the tenant’s obligations under the tenancy agreement (commonly rent, but also disrepair, nuisance and any other breach sounding in debt or damages), though the claim against the guarantor in respect of a basic guarantee sounds in damages: Moschi v Lep Air Services. Some guarantee clauses will seek to give rise to a claim in debt. A guarantor may be a friend or relative (such as parents guaranteeing a student let) or a director of a company that is granted a tenancy. The liability of a guarantor will

An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information, see Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus on