In answering this Q&A we have assumed that by referring to the classification of land as a garden, the lawful use of land is for purposes falling within Use Class C3 (use as a residential dwellinghouse). For planning purposes, a garden is generally considered to mean land that is used in conjunction with the residential use of the dwellinghouse. Whether land planted with trees can be considered to form part of a garden is a matter of fact and degree. The decision maker will look at the relationship between the dwellinghouse

Ownership of the goods The primary position is that goods left on the premises once the lease has come to an end, however it ends, remain the former tenant's property. However, if the landlord can show the goods have been abandoned, the landlord will be free to deal with the goods as they wish, including selling the same and keeping any proceeds of sale. The difficulty with proceeding on this basis is proving that the goods have been in fact been abandoned and that the tenant does not intend to return to collect the goods. The cautious approach is therefore to assume the goods have not been abandoned by the tenant. In this situation, the landlord will therefore become the involuntary bailee of the goods; if the landlord has no forewarning that the tenant will leave goods behind and does not (expressly or impliedly) consent to possession, the landlord will most likely be

Adoption and the right to use a route are separate concepts, with the former connoting liability to maintain. (See: Part IV of the Highways Act 1980 (HiA 1980)). Indeed there are many routes over which the public have a right of way which are not and never will be adopted, most commonly routes pre-dating 1835 but not limited to such routes. For more general information, see: Creation, definitions and closure—overview. In the case of a new development, where the highway serving the development is to become the liability of the highway authority pursuant to HiA 1980, s 38, this formal adoption will not take place until, for example, final

From the Solicitors Regulation Authority’s (SRA) perspective, an undertaking is: • a statement, given orally or in writing, whether or not it includes the word ‘undertake’ or ‘undertaking’ • to someone who reasonably places reliance on it • that you or a third party will do something or cause something to be done, or refrain from doing something All these component parts must exist for an undertaking to arise. The court has an inherent jurisdiction to enforce an undertaking against a solicitor as

A company in administration is protected by a statutory moratorium which results in a stay in insolvency proceedings and other legal processes (which includes legal proceedings, execution and distress) and applies to both existing and new proceedings. No legal process may be commenced or continued without

Restructuring & Insolvency analysis: This case concerns the question of whether liquidators or their firms dealing with a members’ voluntary liquidation can limit their liability in their terms of engagement. The claimants’ primary argument was that it is impossible for a liquidator to limit their liability because there is no express power within the legislative and regulatory framework to allow a limitation of their liability. The court held that, while liquidators’ firms and the employees of those firms may place some reliance on limitation clauses in respect of separate contractual or tortious obligations, liquidators themselves cannot limit their statutory obligations which arise out of statutory trust. This decision emphasises the importance of liquidators’ statutory duties, and that such duties cannot be allowed to be eroded by contractual limitation clauses. Written by Robyn Engstrom, associate at Trowers & Hamlins LLP.

Some local authorities issue a Code of Conduct or Guidance that will cover use of premises by political parties for campaigning. For the purposes of this Q&A we have assumed there is no such Code of Conduct or Guidance that binds the Local Authority decision maker on premises use. Powers of Local Authorities Local authorities have a wide range of powers: [A] local authority shall have power to do anything (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions. The statute provides that a '…principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.' Whilst a political campaign could be a public meeting and assembly, restrictions do apply. Restrictions Section

When a person moves to a care home, if they want financial assistance with the care home fees from the local authority then the local authority will conduct a financial assessment in order to work out what, if anything, the person should be contributing towards their care costs. The financial assessment will look at the person’s income, savings and property. If a person’s capital is higher than £23,250 (for 2022-23, if they live in England) then they will have to pay their care fees in full. If under £23,250, then they may receive some financial assistance from the local authority. The care and support statutory guidance (‘the guidance’) defines capital at paragraph 6 of Annex B as including buildings and

Signature Realty Ltd v Fortis Developments Ltd confirmed that architect drawings used to obtain planning permission can be sufficiently ‘original’ to qualify for copyright protection and that the use of those drawings without permission for a subsequent build can amount to copyright infringement. Signature complained about four categories of use of the 'Drawings': • use for marketing or architect/tendering/estimating purposes • use for making AutoCAD versions of the Drawings • use to make altered copies of the Drawings for marketing, architect, tendering and/or in the construction of the development, and • use for the making of CGI images for marketing collateral The judge held that the use of the Drawings in classes 1 and 2 was infringing.

What is an outline planning permission? The purpose of an outline planning permission is to enable a developer to obtain confirmation from the local planning authority (LPA) that a particular form of development on a site is acceptable in principle, and to reserve the details of that development for subsequent approval. Section 92 of the Town and Country Planning Act 1990 (TCPA 1990) provides: '"Outline planning permission" means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the local planning authority, the Welsh Ministers or the Secretary of State of matters not particularised in the application (“reserved matters”).' National Planning Practice Guidance (PPG) also includes a description of outline planning permissions: 'An application for outline planning permission allows for a decision on the general principles of how a site can be developed. Outline planning permission is granted subject to conditions requiring the subsequent approval of one or more ‘reserved matters.' 'Reserved

In principle, yes. Section 153(1) of the Law of Property Act 1925 provides that a lease may be enlarged into a freehold if: • the term as originally granted was for not less than 300 years, and • there

Severance of tenancy See Practice Note: Severance of a joint tenancy, which confirms that severance of a joint tenancy cannot be effected by will. See also commentary on this point: Severance of joint tenancies by notice: Halsbury's Laws of England [211]. Variation