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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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Mandatory licensing A house in multiple occupation ( HMO) satisfying the statutory threshold in section 254 of the Housing Act 2004 ( HA 2004) must hold a licence in law under that statute. This Practice Note explains when a mandatory licence is needed, the compulsory licence conditions, and the local housing authorities’ ( LHAs) discretion to introduce additional licensing designations within their areas. HA 2004, Pt 2 places a duty on each LHA to administer mandatory licensing effectively throughout its district. Discretionary (or additional) licensing captures other private lettings of dwellings where the LHA alone considers it appropriate. In England, the Licensing of Houses in Multiple Occupation ( Prescribed Description) ( England) Order 2018, SI 2018/221 specifies that mandatory licensing covers HMOs with five or more occupants comprising more than one household, without regard to the number of storeys. In Wales, the...
Practice Note Under the Housing Act 1985 ( HA 1985), a landlord seeking possession of a dwelling let on a secure tenancy must first obtain a court order. The process to recover possession differs according to the tenancy type: fixed-term periodic flexible This Note details the requirements for the Notice of Seeking Possession to be served on the tenant and the grounds for possession. For guidance on how a secure tenancy arises, see Practice Note: The tenancy condition. From 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), subject to certain exceptions. Secure tenancies may no longer be created and existing secure tenancies will convert automatically into occupation contracts. The terms of both existing and new tenancies must be considered in the context of RH( W) A 2016 to...
This Practice Note discusses the sanctions in place for those who do not comply with the houses in multiple occupation ( HMOs) licensing regime It outlines criminal offences arising from breaches and describes the sanctions available for HMO contraventions, including failures to obtain a licence, non-compliance with licence conditions, or acting in defiance of a banning order. Potential measures include: interim management orders ( IMOs) final management orders ( FMOs) rent repayment orders ( RROs) financial penalties banning orders The Note also summarises how sanctions are pursued and the routes to appeal. Responsibility for enforcing the HMO licensing system sits with the local housing authority ( LHA) for the area where the HMO is located. See Practice Notes: Houses in multiple occupation ( HMOs) and Houses in multiple occupation ( HMOs)—applying for a licence. A range of licensing...
This Practice Note examines issues arising under the Limitation Act 1980 ( LA 1980) as they relate to tort claims. It outlines the limitation period for tort-based actions, with consideration of joint tortfeasors, overlapping contractual and tortious duties, contingent loss, continuing wrongs and latent damage. For broader guidance on limitation, see Limitation—overview and the following Practice Notes: Limitation Act 1980—general application Limitation—the principal limitation periods Initial considerations A tort is a breach of duty that gives the injured party a private law entitlement to recover compensatory damages at common law from the person responsible ( SAAMCO). Where a claim is founded in tort, the limitation period is six years from the date on which the cause of action accrues ( LA 1980, s 2). Be aware that the language of LA 1980, s 2 is broadly cast and is capable of covering newly...
ARCHIVED: This Practice Note is archived, is not maintained, and is provided solely for background information. Moreover, some links may not lead to the provisions as they stood on the date this Practice Note’s guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Amendments to the Civil Procedure Rules ( CPR) (subject to the exceptions noted below) took effect on 6 April 2010. This note summarises the key changes, and all affected practice notes have been updated accordingly. Accordingly, it should be treated as background only and not relied upon for up-to-date procedural requirements at this time alone. Electronic Working Scheme A new Practice Direction 5C was introduced on 1 April 2010, enabling the electronic filing of claims and subsequent steps in: Admiralty, Commercial and London Mercantile Courts ...
This Practice Note is aimed at real estate practitioners. It sets out the fundamentals of liquidation and highlights the principal provisions that contracts for the sale of land should include where the seller is in liquidation. Liquidation, also known as winding up, is the means by which a company is brought to a close. When a company enters liquidation its business comes to an end, though it may need to continue briefly as part of the winding-up process (eg to enforce any valuable contracts). During that process, the company’s assets are realised and the proceeds are distributed to those entitled......
Agricultural Holdings Act 1986 Under the Agricultural Holdings Act 1986 ( AHA 1986), either party—the landlord or the tenant—may require that the ‘rent properly payable’ for the holding ‘from the next termination date’ be fixed by arbitration or by a third party. The ‘next termination date’ is the earliest point at which the tenancy could have been brought to an end by a notice to quit served on the date of the demand. In practice, this is the first anniversary of the term date falling not less than 12 months after the rent review demand. As framed, this statutory mechanism cannot be used to force a rent review for a fixed term tenancy, because only yearly tenancies are capable of determination by notice to quit (this includes fixed terms that have continued under AHA 1986, s 2 once the fixed period has...
Farm business tenancies Farm business tenancies took effect on 1 September 1995 under the Agricultural Tenancies Act 1995 ( ATA 1995). They mark a clear break from the framework that applies when a tenancy of an agricultural holding is protected under the Agricultural Holdings Act 1986 ( AHA 1986). While AHA 1986 is highly prescriptive about what constitutes a tenancy of an agricultural holding, ATA 1995, in most respects, allows the landlord and the tenant to negotiate freely on almost all matters. Nevertheless, some rules are mandatory and cover: rent ( ATA 1995, Pt II) compensation ( ATA 1995, Pt III) removal of tenant's fixtures ( ATA 1995, s 8) The AHA 1986 and ATA 1995 regimes cannot overlap, so it is essential to identify accurately which form of tenancy applies. In addition, if the tenancy is a farm business tenancy, it cannot be a...
When transferring an interest in land (whether freehold or leasehold) On a transfer of a land interest, and unless the contract states otherwise: fixtures are treated as part of the land and pass with the property; and fittings (also called chattels) are not part of the land and are excluded. It is not always straightforward to decide if a given item is a fixture or a fitting. That uncertainty can trigger disagreements over whether the item is included in the sale. It can also create difficulties when splitting the purchase price between the property and any chattels comprised in the sale for stamp duty land tax ( SDLT)/land transaction tax ( LTT) purposes (see: Tax—fixtures and fittings below). Under a lease, as between landlord and tenant, the drafting may mean an item is classed as a landlord’s fixture, a tenant’s fixture, or a...
The nature of disclaimer Disclaimer is a statutory mechanism arising under the Insolvency Act 1986 ( IA 1986) together with the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, which regulate it as follows: in liquidation, the relevant provisions are set out in IA 1986, ss 178–182 and in IR 2016, SI 2016/1024, rr 19.1–19.11 in bankruptcy, the relevant provisions are set out in IA 1986, ss 315–321 and in IR 2016, SI 2016/1024, rr 19.1–19.11 What can be disclaimed? Both liquidators and trustees in bankruptcy (trustees) may, by giving the prescribed notice, disclaim any onerous property, and may exercise that power notwithstanding that they have already taken possession of it, endeavoured to sell it, or otherwise exercised rights or incidents of ownership in relation to it. Onerous property is defined as including: any contract that is...
These drafting notes are intended to help complete claim form N5B Wales when a private landlord of a residential dwelling in Wales has issued notice to end a standard occupation contract and plans to seek possession through the accelerated possession route. For wider guidance on occupation contracts under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), consult the following Practice Notes: Renting Homes ( Wales) Act 2016—terminating standard occupation contracts and recovering possession Renting Homes ( Wales) Act 2016—a summary of the key provisions How to use these drafting notes Form N5B Wales should be used to bring a possession claim for a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes apply solely to completing Form N5B Wales. For information on the standard possession procedure for a Welsh...
This ‘how to’ toolkit sets out how to remove trespassers from property using possession proceedings. It signposts key materials— Practice Notes, Precedents and Checklists. For wider guidance on trespass, see Practice Notes: Trespass—claims and defences, Trespassers—possession proceedings, and Trespass—remedies. The guide outlines the process to recover possession from people who entered as trespassers (also called squatters), or who remain on land without the consent of the person entitled to possession, by issuing proceedings under CPR 55. It does not cover claims against a tenant or sub-tenant, whether or not their tenancy has ended—see Practice Note: Possession proceedings. Nor does this Practice Note address possession of private residential tenancies or business tenancies; for that, see: Private sector tenancies—overview and Social sector tenancies—overview and Practice Notes: Terminating assured and assured shorthold tenancies—pre- Renters' Rights Act position and LTA 1954 business lease...
The Building Safety Act 2022 ( BSA 2022) The Building Safety Act 2022 ( BSA 2022) introduced sweeping reforms to the legal framework for building safety. For an overview of the changes made by BSA 2022 and its principal features, see Practice Note: Building Safety Act 2022—key provisions and issues. Parts 3 and 4 of BSA 2022 set the foundations for a fresh regulatory system for ‘higher-risk buildings’ ( HRBs). By amending the Building Act 1984 ( BA 1984), Part 3 enabled a more stringent building control regime to govern the design and construction of works to HRBs. The detailed requirements of this regime were contained in a suite of secondary legislation laid in August 2023, which came into force on 1 October 2023. Part 4 places extensive obligations on those accountable for occupied HRBs, particularly in relation to risk management and...
This Practice Note is a practical guide to operating a landlord’s redevelopment break right in a lease. It covers the relevant lease provisions to review, when a break can be invoked, the form and service of a break notice and, where the lease benefits from security of tenure under the Landlord and Tenant Act 1954 ( LTA 1954), the need also to serve a section 25 notice and to oppose the grant of a new tenancy. The break clause A break clause (or option) permits a tenant, a landlord, or sometimes both, to terminate the lease before its contractual end date. The clause will usually specify: which party is entitled to operate the break the date on which the lease can end (the break date) the length of notice that must be given any conditions precedent (in addition to serving a break...
This Practice Note offers a step-by-step guide to operating a tenant break option within a lease. It covers the key lease terms to review, the timing for exercising the right, the required format and service of a break notice, and any additional pre-conditions that must be satisfied to bring the lease to an end. It also outlines the actions to take once the notice has been served. For fuller guidance on break notices, see Practice Notes: Break clauses and notices—exercising breaks and conditions precedent and Break clauses and notices—service. The break clause A break clause (or option) permits a tenant or a landlord (or, in some instances, both) to terminate a lease ahead of the contractual expiry date. The clause will typically specify: which party may invoke the break right the date on which the lease can end (the break date) the length of notice that must be...
This Practice Note sets out, in order, the practical steps involved in forfeiture. With a flowchart and explanations at each stage, it provides guidance across the full process and includes notes beneath the flowchart with further guidance on each step. Deciding whether to forfeit a lease Checking the landlord’s entitlement to do so Serving notices The forfeiture action itself Follow-up steps Relief from forfeiture Reletting Consider whether forfeiture is suitable Before choosing forfeiture, consider practical factors such as the landlord’s intentions for the property, the current market rent (if relevant), and the tenant’s financial position. These, and other issues, are discussed in Practice Note: Forfeiture of a lease— Practical considerations before forfeiting. Also remember that any sublease will come to an end (subject to the right to seek relief from forfeiture, and to the rights of residential sub-tenants with security of tenure). See Practice Note: Forfeiture of a lease— Effect of...
This Practice Note sets out the principal deadlines for exercising the statutory right—subject to qualifying criteria—of a tenant with a long lease of a flat to secure a 90‑year lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). It also outlines the repercussions of missing those deadlines, including the timetables for serving a section 45 counter‑notice, issuing the draft lease and any replies, and making applications to the First‑tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales) and/or to the County Court. For fuller, step‑by‑step guidance on the LRHUDA 1993 lease extension process, see Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993... Time Limits Below is a table which summarises, for ease of reference, the time limits contained in this Practice Note. ...
Common law tenancies Common law tenancies are lettings that sit outside any statutory security of tenure regimes. Examples include: for residential property, the Rent Act 1977, Housing Act 1985 or Housing Act 1988 (see Practice Note: A summary of types of private residential tenancies and Social sector tenancies—overview) for commercial property, the Landlord and Tenant Act 1954 ( LTA 1954) (see Practice Note: LTA 1954 business lease renewal—termination) for agricultural property, the Agricultural Tenancies Act 1995 (see: Agricultural holdings—overview) Under a common law tenancy, the parties’ rights and obligations flow from the terms they have agreed, whether expressly stated or implied. After a common law tenancy expires, and particularly where the LTA 1954 has been contracted out, caution is needed if a tenant is permitted to remain in occupation whilst negotiations proceed for the grant of a new......
FORTHCOMING CHANGE The Renters’ Rights Act 2025 obtained 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. The Practice Note outlines, for both residential and commercial leases, what a break clause is, the circumstances in which it can be exercised—including construing typical deadlines for serving a break notice and the meanings of ‘year’, ‘month’ and the ‘corresponding date rule’—and the required form of a break notice. It also surveys case law on mistakes in meeting break notice requirements, with particular emphasis on the reasonable recipient test in Mannai, and how that principle applies to familiar categories of error. In addition, it addresses the application of Mannai to the service of statutory notices and the types of mistake frequently encountered, namely completion errors and errors of form......
The Tribunals system The tribunals framework provides a forum for resolving disputes and operates as an integral component of the wider courts structure. HM Courts and Tribunals Service ( HMCTS) runs it, with its powers and organisation set out in the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007). Part 1 of that Act introduced a two‑level structure, comprising the First‑tier Tribunal and the Upper Tribunal. The Courts and Tribunals Judiciary website hosts a diagram of the tribunal tiers and the available appeal routes. The First‑tier Tribunal ( Property Chamber) ( FTT) is made up of judges alongside other members. Judges can be appointed directly to the FTT, or moved across from elsewhere—for instance, where the FTT has inherited work from a predecessor body of which they were a member, such as a rent assessment committee or the Adjudicator to HM Land...
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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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