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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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Business rates are typically payable by the relevant ‘owner’ where non-domestic premises are unoccupied, though specified exemptions apply. This Practice Note explains liability for empty property business rates, highlighting common exemptions (often referred to as ‘empty rates relief’) with a focus on England. Occupation and possession are decisive-whether actual or attributed through ownership. Empty properties: rates A ratepayer is chargeable for the full non-domestic rate whether a property is wholly in use or only partly occupied. Where premises are partly occupied for a short period, the local authority may, in certain situations, use its discretion to grant relief for the unoccupied portion. For rating purposes, the ‘owner’ of a hereditament or land-and therefore the person liable-is the party entitled to possession. See section 45 of the Local Government Finance Act 1988 ( LGFA 1988). See Practice Note: Liability for business rates- Owners. Under LGFA 1988, s 65(1), the...
What situations can give rise to a claim? Private nuisance amounts to a breach of real property rights. It comprises a substantial disturbance to the claimant’s ordinary use and enjoyment of their land, often through noise or odour, by encroachment, or by actual, physical harm to their property. A nuisance may result from inaction or omission as well as from affirmative conduct, and the guiding principle is one of 'give and take, live and let live'. Interference with an easement benefiting the claimant’s land may equally constitute a nuisance, the right to light being the most familiar example within this category. Nuisance is sometimes described under headings that are merely illustrations within the broad concept of 'violation of property rights': encroachment upon a neighbour’s land direct physical injury to a neighbour’s land interference with a neighbour’s quiet enjoyment of their land It is said the...
This Practice Note provides a high-level overview of the principal changes to residential tenancies introduced by the Renters’ Rights Act 2025 ( RRA 2025), in outline. More detailed guidance will be issued in due course, and also refreshed as subsequent regulations supply further particulars and commencement dates for the relevant provisions as they are made. The Practice Note covers: ending assured shorthold tenancies ( ASTs) assured tenancies ( ATs) operating on a periodic basis bringing tenancies to an end rent rules and tenancy deposit obligations keeping pets implied covenants on fitness for human habitation and on repair discrimination in the rental market in England and Wales assured agricultural tenancies penalties for unlawful eviction or harassment obligations on landlords, contractors and other relevant persons regarding ATs, plus financial penalties and offences for non-compliance, and guarantor liability redress scheme for private sector landlords private rented sector database rent repayment orders sanctions, including financial penalties, for breaches of...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note explains: How a Rent Act 1977 ( RA 1977) protected tenancy can be ended, including by serving a notice to quit The requirements under the Protection from Eviction Act 1977 The grounds for bringing a Rent Act 1977 statutory tenancy to an end With the Housing Act 1988 ( HA 1988) in force, RA 1977 tenancies were replaced by assured tenancies. For more information, see Practice Notes: Assured and assured shorthold tenancies—granting and Assured and assured shorthold tenancies—terminating. As a result, RA 1977 is generally only applicable to residential tenancies created before 15 January 1989. For more information on how to recognise a Rent Act tenancy, see Practice Note:...
This Practice Note addresses the initial issue to consider when confronted with a prospective negligence claim—whether a duty of care exists between the claimant and the defendant so that, if that duty is breached, liability may arise. For analysis of what may then constitute a breach, see Practice Note: Negligence—when is the duty of care breached? For specific guidance on banks and the duty of care, see Practice Note: Negligence—banks and the duty of care. For specific guidance on breach of statutory duty, see Practice Note: Negligence—breach of statutory duty. For specific guidance in professional negligence claims, see: Professional negligence claims—overview, including Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity. Duty of care—what are the requirements to establish a duty of care? The tort of negligence fixes liability for loss or injury arising from a want of care. Two core...
This Practice Note This Practice Note outlines the routes available to landlords and tenants to bring a private sector assured tenancy ( AT) in England to an end once the relevant provisions of the Renters’ Rights Act 2025 ( RRA 2025) are in force. It concentrates on landlord actions under section 8 of the Housing Act 1988 ( HA 1988), in light of the repeal of section 21 for private landlords from 1 May 2026, the rules on serving a notice seeking possession, the possession claim process and, where necessary, enforcing any possession order. For a summary of RRA 2025, see Practice Note: Renters’ Rights Act 2025—key provisions. For advice on bringing assured and assured shorthold tenancies to an end before 1 May 2026 (or after that date in the social sector), see Practice Note: Terminating assured and assured shorthold...
This Practice Note summarises the principal provisions on discrimination affecting the private rented sector in England and Wales, contained in sections 33–49 of the Renters’ Rights Act 2025 ( RRA 2025). For an overview of the Act’s core measures, see Practice Note: Renters’ Rights Act 2025—key provisions. Discrimination in the rental market in England These provisions took effect on 1 May 2026. Prohibited grounds of discrimination RRA 2025, ss 33–42 impose statutory bans on discriminatory conduct in England’s rental market. They apply to assured tenancies as defined by the Housing Act 1988 ( HA 1988), but exclude social housing tenancies (as in Part 2 of the Housing and Regeneration Act 2008) and supported accommodation ( HA 1988, Sch 2, para 12). Landlords, and anyone acting for them—whether a professional letting agent or an informal helper such as a friend or relative—must not treat...
This Practice Note This Practice Note compiles all legislation connected to the Building Safety Act 2022 ( BSA 2022) and outlines its significance from a Property Disputes perspective, indicates if it applies in England, Wales, or both, and provides links directing to the pertinent guidance......
The Building Safety Act 2022 ( BSA 2022) case tracker This case tracker sets out notable landlord-and-tenant BSA 2022 decisions delivered by the First-tier Tribunal ( Property Chamber) ( FTT), the Upper Tribunal ( Lands Chamber) ( UT), and the courts, which we regard as pertinent to property disputes lawyers. Entries are arranged in reverse chronological order. The tracker uses the following definitions: Relevant defect: anything done or omitted, or used or not used, in connection with ‘relevant works’ that gives rise to a building safety risk (namely the spread of fire or the collapse of part or all of the building) RO: in England, the FTT may make a remediation order ( RO) on the application of an ‘interested person’ (for the purposes of ROs this includes the Secretary of State (in England)), the Building Safety Regulator, the local...
This Practice Note summarises provisions in the Renters’ Rights Act 2025 ( RRA 2025) that place duties on landlords, contractors and other relevant persons in relation to assured tenancies ( ATs). It also addresses financial penalties and offences for breaches of those duties, penalties for unlawful eviction or harassment of occupiers, and guidance on procedure, appeals and enforcement. For further guidance, see Practice Note: Renters' Rights Act 2025—key provisions. Duties of landlords and others ( Part 1, sections 12–14) RRA 2025, s 12 amends the Housing Act 1988 ( HA 1988) by inserting new requirements binding landlords and those acting on their behalf. These obligations commence for private sector landlords on 1 May 2026. Duty of landlord and contractor to give statement of terms (section 12) New HA 1988, s 16D creates a duty on landlords and their contractors (see below) to provide the tenant, before the...
Legislation This Practice Note compiles all legislation linked to the Renters’ Rights Act 2025 ( RRA 2025), summarises each provision, indicates whether it applies in England, Wales or both, and points to accompanying guidance. Items appear in reverse chronological order. RRA 2025 delivers major reforms: abolishing assured shorthold tenancies and fixed-term assured tenancies under the Housing Act 1988 ( HA 1988) and replacing them with periodic assured tenancies; new termination rules; rent and deposit obligations; rights to keep pets; implied covenants on fitness for human habitation and repair; anti-discrimination measures; fresh landlord duties with sanctions for non-compliance; redress and database schemes; and local housing authority investigatory powers. For in-depth guidance, see Practice Note: Renters’ Rights Act 2025—key provisions... The First-tier Tribunal ( Property Chamber) Fees ( Amendment) Order 2026, SI 2026/485 — Applicable in England for specified...
This ‘how to’ guide explains how private landlords in the sector may give a notice under section 8 of the Housing Act 1988 ( HA 1988) to recover possession of a property in England let on an assured tenancy ( AT), reflecting the reforms brought in by the Renters’ Rights Act 2025 ( RRA 2025) with effect from 1 May 2026. It sets out the required form and service of the notice, the possession grounds, and the practical actions to follow once a notice has been issued. For detailed help on ending assured tenancies in the private sector, see Practice Note: Private sector assured tenancies—terminating. Check the form of notice The section 8 notice must be in the prescribed form, or a version substantially to the same effect. Form 3A is named in the Assured Tenancies ( Private Rented Sector) ( Prescribed Forms and...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance on the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note outlines the options available to landlords and tenants for bringing an assured tenancy ( AT) or an assured shorthold tenancy ( AST) in England to an end. It concentrates on the landlord routes under sections 8 and 21 of the Housing Act 1988 ( HA 1988), including the requirements for serving a notice seeking possession and the need to evidence any grounds relied upon. The pre-conditions for a section 21 notice include: Providing a gas safety certificate Supplying an Energy Performance Certificate Giving the How to Rent document Complying with a Tenancy Deposit Scheme It also addresses the court process for possession—varying according to whether section 8 or section 21 is used—and the steps to...
This Practice Note outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
Scottish Property case tracker The Scottish Property case tracker compiles notable 2026 judgments we regard as relevant to Scottish property lawyers. Entries are presented in reverse chronological order. See also the Scottish property key developments tracker—2026, which follows the progress of appeal cases and, once determined, incorporates them into this document together with other decisions we consider pertinent to Scottish property lawyers. Abbreviations FTS — First Tier Tribunal for Scotland LTS — Lands Tribunal Scotland UTS — Upper Tribunal for Scotland April 2026 Simon Pelosi v Lanarkshire Housing Association Ltd [2026] CSIH 21 Court of Session holds that contamination must present a genuine health risk with proven causation Judgement date: 30 April 2026 The Inner House of the Court of Session dismissed the tenants’ appeal, confirming that to breach the statutory duties under the Housing ( Scotland) Act 1987 and Housing ( Scotland) Act...
This Practice Note outlines summary judgment under CPR 24, setting out in clear terms who may seek such an order, when an application can be brought, and the circumstances in which it is not permitted under the rules. For procedural guidance on issuing a summary judgment application, see Practice Note: Summary judgment—making an application. For the judiciary’s approach to determining these applications, see Practice Note: Summary judgment—general principles. Amendments to CPR Part 24 and CPR PD 24—1 October 2023 Practitioners should be aware that the Civil Procedure Rules ( CPR) on summary judgment changed with effect from 1 October 2023. CPR Part 24 was replaced and CPR PD 24 was withdrawn. The reforms aim to streamline the rules and do not significantly affect the substantive law or day-to-day practice. The numbering and placement of certain provisions have been altered accordingly....
Houses in multiple occupation ( HMO) licensing Responsibility for licensing HMOs rests with the local housing authority ( LHA) for the area where the HMO is situated. This Practice Note sets out who must apply for a licence, identifies the relevant persons for service of notice, explains who counts as a fit and proper person, and outlines the procedure on application, grant, refusal or renewal. It also details the conditions to be met by the proposed licence holder, the licence fee, and how long the licence will last. Licensing by the LHA is mandatory under Part 2 of the Housing Act 2004 ( HA 2004) for HMOs that fall within the prescribed description. Discretionary schemes are available through additional licensing of HMOs under Part 2, and selective licensing of other privately rented housing under Part 3, in areas designated by the LHA. In England, new...
Created in collaboration with Megan Rowe and Jill Carey of Freeths. This Practice Note sets out the elements of the Renters’ Rights Act 2025 ( RRA 2025) intended to introduce a mandatory redress scheme for private sector residential landlords, and to establish the private rented sector database. The relevant measures are not yet in force. Landlord redress scheme (not yet in force) The Secretary of State is empowered to make regulations to create a redress scheme for private sector residential landlords. Its purpose is to deliver a swift, cost-effective route for settling tenant disputes through independent inquiry and decision-making, as an alternative to pursuing cases through the courts or the local authority. The scheme will cover landlords granting assured tenancies or Rent Act tenancies, though the Secretary of State may vary the exact reach. Social landlords are excluded. Landlords within scope must hold...
The most frequent delicts arising in property disputes are negligence, nuisance and trespass; see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—negligence and trespass. Nuisance describes any use of land that interferes with a neighbour’s enjoyment of their property. Situations where a nuisance remedy may apply include uses that: generate offensive smells or odours produce noise cause flooding to a neighbour’s property In Scotland, nuisance is classified as either common law or statutory nuisance. Common law nuisance—invasion of interest in the use and enjoyment of private land At common law, nuisance is broadly characterised as ‘an invasion of an interest in land’. Liability is assessed by the ‘reasonable tolerability’ test, which is context‑dependent and may vary with factors such as locality, impact, frequency, and the utility of the conduct in question; see The nature of the test for determining liability for...
Statutory Powers To assist in resolving disputes, the LTS exercises a range of powers granted by statute in relation to: modifying or extinguishing title conditions, see: Powers as respects title conditions: Stair Memorial Encyclopaedia [224] public sector tenants’ rights to buy their homes, see: House sales to public sector tenants: Stair Memorial Encyclopaedia [226] challenged compensation for compulsory purchase of land, or diminution in land value arising from public works, see, eg: Compulsory purchase of land: Stair Memorial Encyclopaedia [666] appeals against specified decisions of the Keeper of the Registers of Scotland, see: Questions relating to the accuracy of the Land Register: Stair Memorial Encyclopaedia [225] appeals concerning valuation of land for pre-emptive purchase by community bodies, see Practice Notes: Rights to buy affecting land in Scotland—snapshot, Part 2 community right to buy and asset transfer requests in...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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