Date for possession meaning

This table sets out, in reverse date order, significant cases in the evolution of the Ramsay anti-avoidance principle. It does not attempt to cover every decision touching on the principle. The focus is on the present: more recent rulings from lower courts are likelier to appear, as they indicate the latest judicial approach... For an overview of the Ramsay principle, see Practice Note: Ramsay as a guide to statutory construction. For comprehensive tracking of current (and recently completed) tax litigation, see the: Tax—cases tracker... Case name and citation Who won in the highest court? Facts in a nutshell Quote(s) from the judgment Comment The Tower One St George Wharf Limited [2025] EWCA Civ 1588 (judgment date 10 December 2025) — The government (in the Court of Appeal) — SDLT step-up scheme — the court held that ‘claim’ should be interpreted purposively, mirroring Rossendale’s treatment of ‘the person entitled to possession’...

Note: The CPRC has stopped circulating the supporting papers alongside the minutes, so this News Analysis does not include documents explaining the topics discussed. A copy of the minutes can be found here: Minutes of the CPR Committee meeting. Welcome, action log and matters arising (item 1) The minutes of the 1 March 2024 meeting were approved—see News Analysis: Minutes of the CPR Committee meeting—1 March 2024. The following points arose that were not addressed under later agenda items: E-working pilot CPR PD 51O—Master Sullivan and Chief Chancery Master Karen Shuman will undertake an initial review. As the pilot PD is scheduled to expire on 1 November 2024, the proposal is to report to the June 2024 meeting, to enable inclusion in the summer update with a possible in-force date in October 2024. E-signatures—proposed change to CPR 5.3, earlier considered at the meetings on 3 February 2023 and 12 May 2023, where drafting proposals were produced and a consultation is to be launched... ...

Banking & Finance—October 2025 case round-up AerCap Ireland Ltd v AIG Europe SA and others [2025] EWHC 2529 (Comm) Aviation finance—recovery of losses under insurance policies—sanctions This ruling follows the June 2025 decision in AerCap Ireland Ltd v AIG Europe SA [2025] EWHC 1430 (Comm), where Mr Justice Andrew Butcher found for AerCap, the world’s largest aircraft lessor, and other lessors, confirming that jets and engines left in Russia after the 2022 invasion were definitively lost. The present judgment records Mr Justice Butcher’s orders on costs and sets out his reasoning on the award of interest and on whether permission to appeal should be granted. Songa Product and Chemical Tankers III AS v Kairos Shipping II LLC [2025] EWCA Civ 1227 Shipping finance—interpretation of Clause 29 of (BIMCO) Barecon 2001 standard bareboat charter form The Court of Appeal dismissed the owner’s challenge concerning the proper construction of Clause 29 of the BIMCO Barecon 2001 bareboat charter. The court held that, although bareboat charters grant...

In this issue: Key developments and horizon scanning Transferring property Residential property Property management Easement, rights and covenants Statutory compliance Property development Property taxes Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Spring Budget 2024 The Chancellor, Jeremy Hunt, set out measures in Spring Budget 2024 that offered few major shifts for the property sector, with the focus on furnished holiday lettings, the removal of multiple dwellings relief for stamp duty land tax (SDLT), and a cut to the higher rate of capital gains tax (CGT) on residential disposals. As trailed, the government will scrap the Furnished Holiday Lettings regime from 6 April 2025, thereby removing the favourable treatment enjoyed by short-term furnished holiday lets over homes rented to longer-term tenants. The change is intended to apply from 6 April...

Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met. Notice of Proceedings for Possession The landlord must give the tenant a Notice of Proceedings for Possession which sets out: its intention to apply to the court for a possession order the reasons it seeks possession the earliest date on which proceedings may start confirmation of the tenant’s right to have the decision reviewed the deadline for requesting a review that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page...

Development of the First Tier Tribunal for Scotland The Scottish Government’s Access to Justice Policy, prepared by the Cabinet Secretary for Justice within the Justice Directorate, seeks to: support individuals to settle disputes outwith court deliver a modern, up-to-date justice system broaden access to justice, and make the Tribunals system user-friendly (see the First-tier Tribunal for Scotland Housing and Property Chamber procedures consultation) As set out in the Housing (Scotland) Bill, the intention is to create a forum that is less adversarial than the courts and could remove the necessity for legal representation. There is, crucially, a recognised need for more efficient, specialist routes into the justice system for both tenants and landlords. To achieve this, proposals recommended simplifying the tribunal landscape by bringing Scotland’s various tribunals under a single umbrella, safeguarding their independence from the Scottish Government, and embedding consistent practices and procedures (see: Access to Justice Policy—Tribunals System). The Tribunals (Scotland) Bill was introduced to the Scottish Parliament...

Your Ref: Our Ref: Date: From: [ insert name of landlord’s solicitor ] at [ insert address ] To: [ insert name of tenant or tenant’s solicitor ] at [ insert address ] Dear [ insert organisation name ] [ insert particulars of the lease ] (the ‘Lease’) relating to [ insert name of property ] (the ‘Property’) We act on behalf of [ insert name of client ], being [ your landlord OR your client’s landlord ] under the Lease. Please note that [ your OR your client’s ] Lease of the Property is scheduled to end on [ insert date of determination of the contractual term of the lease ]. Kindly arrange for [ you OR your client ] to yield up possession of the Property upon the Lease’s expiry. For the return of the keys, [ Our client’s OR Our client’s agent’s ] contact particulars are [ insert landlord or agent’s contact details ]. If you...

I, [ name ], of [ address ], do solemnly and sincerely declare as follows: 1 Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ and my [ wife OR husband OR [ other ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’), registered under title number [ title number of declarant’s property ] and identified [ edged OR coloured OR hatched ] red on the plan now produced and shown to me and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land consists of the house and garden situated at [ address or other description ]. On the date the transfer completed, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after completion, [ my OR our ] solicitors also submitted an application for [ me OR us ] to be registered as proprietor [ s ]...

Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...

As regards the requirement to serve, the controlling rule is CPR 55.10...

The position will vary according to the particular tenancy agreement in place for the parties. For this Q&A, we proceed on the basis that the landlord is not a social housing provider and we have not addressed the steps for regaining possession following service of a valid s 21 notice, nor issues bearing on the validity of any s 21 notice. The phrasing in such an AST creates uncertainty about the nature of the tenancy currently in effect. Whether a notice is issued under s 21(1) or s 21(4) of the Housing Act 1988 (HA 1988), the minimum notice period that must be provided is two months...

Trespasser or oral tenancy Given the circumstances and the length of time she has been there, it is improbable that the sister in law is occupying as either: a trespasser (albeit a tolerated one); or under a lease, since a lease may only be created orally where: the term does not exceed three years, it is not of an incorporeal hereditament, it takes effect in possession, and it is at the best rent reasonably obtainable without taking a fine. See the Law of Property Act 1925, ss 52 and 54, and our Q&A. A landlord let a property on an assured shorthold tenancy starting 4 May 2015 for a fixed term of six months. Rent falls due on the 4th day of each month. No deposit was taken and the tenants have committed no breaches. Unfortunately, there is no written tenancy agreement. The clients now wish to recover...