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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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This Practice Note is one of four on adverse possession. The others are: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession and leases Introduction Adverse possession of land arises where occupation of land conflicts with the title of the true owner. The person in adverse possession (described in this Practice Note as ‘the squatter’) must demonstrate factual possession (see Factual possession below) together with an intention to possess (see Intention to possess below). The squatter’s adverse possession must continue, without interruption, for the required period (see Required period of adverse possession below). Although factual possession and intention to possess are separate elements, one piece of conduct can prove both. For example, putting up a fence that excludes everyone except the...
FORTHCOMING CHANGE : The Product Security and Telecommunications Infrastructure Act 2022 ( PSTIA 2022) is only partly in effect. Additional measures will commence on dates to be set by regulations. PSTIA 2022 updates elements of the Code and the Landlord and Tenant Act 1954 ( LTA 1954), mainly on rights to share apparatus, valuation on an LTA 1954 renewal, and dealing with unresponsive occupiers. Both the current and anticipated adjustments are highlighted in the Practice Note below... The Code The Electronic Communications Code (the ‘ Code’) appears in sections 106–119 and Schedule 3A Part 1 of the Communications Act 2003 ( CA 2003). It superseded the earlier Electronic Communications Code formerly in Schedule 2 to the Telecommunications Act 1984 ( TA 1984), as amended by CA 2003. This Practice Note explains the scope of Code rights, how they are created (by agreement between the parties or by court...
FORTHCOMING CHANGE The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines obligations implied by the Landlord and Tenant Act 1985 ( LTA 1985) into dwelling tenancies, addressing fitness for human habitation and repair. LTA 1985, s 9A (inserted by the Homes ( Fitness for Human Habitation) Act 2018 ( H( FHH) A 2018)) provides for certain English dwelling leases to include implied landlord covenants concerning fitness for human habitation. LTA 1985, s 11 stipulates that specified dwelling leases contain implied covenants by the landlord relating to repair. LTA 1985, s 11 does not apply to dwellings let under occupation contracts governed by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). RH( W) A...
Practice Note This Practice Note considers situations in which a landlord of a multi-occupied property (or its development partner) seeks to add an extra lettable storey on top of the building. A range of legal pitfalls could frustrate the scheme. This Practice Note does not tackle the common development hazards-for example, the requirement for planning permission and other consents, the risk of infringing easements (such as rights of light) or restrictive covenants benefitting neighbouring land (but note that in 2020 the government created new permitted development rights enabling two further storeys to be added to existing blocks of flats and allowing extra storeys on freestanding blocks or mixed-use terraces to create additional homes). Consider whether the proposed works would trespass on property already demised to one or more existing tenants. If the roof or the airspace your client intends to develop forms part of a...
The government brought the Building Safety Bill (the Bill) before Parliament in July 2021, aiming to act on the recommendations and principles set out in Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety, and to tackle pressing building safety concerns exposed by the Grenfell Tower fire in July 2017. The government said the Bill would deliver the most significant overhaul of building safety regulation in a generation. The Bill secured Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). BSA 2022 makes fundamental changes to the legal and regulatory framework for building safety, intended to protect people in or around buildings and to raise building standards. Although, by virtue of BSA 2022, s 169(1), the Act extends to England and Wales, the parts of BSA 2022 addressed in this Practice Note do not apply in Wales (see BSA...
Building Safety Act 2022 ( BSA 2022) In July 2021, the government laid the Building Safety Bill before Parliament, aimed at delivering the recommendations and principles from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety, and confronting the urgent safety issues exposed by the Grenfell Tower tragedy of July 2017. Branded as the most significant overhaul of building safety rules in a generation, it obtained Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). BSA 2022 makes sweeping changes to the law and regulation of building safety, with the objective of securing the safety of people in or around buildings and improving the standard of buildings. This Practice Note outlines for construction lawyers the principal elements of BSA 2022, including its reshaping of regulatory regimes and standards for building and fire safety and for...
During the fixed term, the LA may regain possession of the property by serving a notice seeking possession and by showing that a qualifying ground applies in the particular case. The grounds mirror those used when obtaining possession of a secure tenancy. There are 18 in all, overall grouped into three broad bands: Grounds 1–8; Grounds 9–11; Grounds 12–16. Grounds 1–8 These are discretionary grounds, and the court must be persuaded that making a possession order is reasonable in the circumstances. Grounds 9–11 These are mandatory grounds, and the court must be satisfied that suitable alternative accommodation is available to the tenant in question. Grounds 12–16 These are discretionary grounds, and the court must be satisfied both that it is reasonable to make the possession order and that suitable alternative accommodation is available. Ground 15A In Newport City Council v Charles, the deceased tenant’s son concealed the death for three full years. The...
A contractual option to take a lease for a further term is a ‘call’ option It gives the tenant a one-sided entitlement to demand a renewal lease. The tenant is not compelled to use it, yet upon exercise the landlord must honour the bargain. The ability to seek a renewal lease is commonly conditional on satisfaction of conditions precedent (for example, all rent paid and other tenant covenants observed) – for further discussion see Conditions precedent below. A call option is a contract for the sale of an interest in land within the Law of Property ( Miscellaneous Provisions) Act 1989, s 2(1). The option must: be in writing contain or incorporate all of the terms expressly agreed between the parties be signed by or on behalf of each party When the tenant exercises the option by giving notice to the...
A family intervention tenancy ( FIT) is a form of tenancy of a dwelling-house offered in place of an assured or secure tenancy to a renter who has been, or might have been, subject to a possession order because of anti-social behaviour. FITs only apply to lettings that commenced on or after 1 January 2009. Their use is guided by non-statutory government guidance. Criteria to use a family intervention tenancy A FIT can be offered only when behavioural support services are provided to a tenant against whom a possession order for anti-social behaviour: has been made under Ground 2 or 2A of Schedule 2 to the Housing Act 1985 ( HA 1985), or Ground 14 or 14A of Schedule 2 to the Housing Act 1988 ( HA 1988) could, in the landlord’s opinion, have been so made could have been so made if the...
Demotion A secure tenancy may be reduced to a 12-month probationary tenancy where the tenant has engaged in housing-related anti-social behaviour or has used the home for unlawful purposes. Where a demotion order is made and the tenant stays in occupation, the secure tenancy ends on the date specified and a demoted tenancy begins. Comparable powers apply to registered housing providers for assured tenants under the Housing Act 1988 ( HA 1988). Conduct ' Housing-related anti-social conduct' means behaviour that: is capable of causing nuisance or annoyance to another person; and directly or indirectly relates to, or impacts, the landlord's housing functions Such conduct includes: causing a nuisance to neighbours vandalism and graffiti noise ' Use of property for unlawful purposes' covers conduct that consists of, or involves, using or threatening to use housing accommodation for an unlawful...
Excluded tenancies A tenancy or licence will not be secure if it falls into any of these exceptions: long tenancies introductory tenancies, including those that have ceased to be introductory demoted tenancies property occupied in connection with employment land acquired for development accommodation for people who are homeless family intervention tenancies accommodation for asylum seekers temporary accommodation for individuals taking up employment private sector leasing temporary accommodation during works agricultural holdings licensed premises student lettings business tenancies to which the Landlord and Tenant Act 1954 ( LTA 1954) applies almshouses Long tenancies A long tenancy is one granted: for a term exceeding 21 years, whether or not it is (or may become) terminable before that term ends for a term fixed by law under a grant carrying a...
When a lease concludes or a property is sold, items are frequently left on site—particularly after forfeiture by re-entry where no notice may have been given. A lease might address disposal, yet often it contains no clear, workable provision a landlord can rely upon. This Practice Note explains when and in what manner a landlord may lawfully dispose of goods remaining at the premises once a lease has ended, or following a sale. It also outlines the process set out under the Torts ( Interference with Goods) Act 1977 ( T( IG) A 1977) for serving notice on the tenant to collect the goods, failing which the landlord is entitled to sell them. Ownership of goods and tenant fixtures The position varies significantly depending on whether the items are fixtures or chattels in law. For guidance on this distinction, see Practice Note: Fixtures and...
Statutory basis of residential service charge code— LRHUDA 1993, s 87 To encourage sound practice in relation to the management of ‘residential property’, the Secretary of State (in England) and the National Assembly for Wales (in Wales) are empowered to approve, from time to time, codes of practice, including those that relate to the management of residential service charges by ‘relevant persons’ (each being a Code). For these purposes, a ‘relevant person’ is any landlord of residential property, or any individual or body that undertakes management functions with respect to the provision of services, or the repair, maintenance, improvement or insurance of such residential property......
This tracker highlights forthcoming developments for Scottish property practitioners, covering appeals, commencement of major statutes, Bills, consultations, evidence calls and publications. For 2026 property matters, see: Scottish property cases tracker—2026. Appeal cases Forthwell Limited v Pontegadea UK Limited Landlord and tenant ( Glasgow ‘ Rogano’). Question: can damages extend to a subsidiary’s losses (transferred loss)? [2024] CSIH 38, 2025 SC 127, 2024 Scot ( D) 2/11 The Supreme Court has fixed a hearing for 20 May 2026. The dispute stems from a lease of the Rogano restaurant premises in Glasgow. Forthwell, the tenant, granted a sub-licence to its wholly owned subsidiary, which ran the restaurant. In late 2020 and early 2021, flooding and an electrical fire rendered the premises unusable. Under the lease, the landlord, Pontegadea, was required to insure and reinstate following insured risks, including flooding. The issue is whether the tenant may recover...
A family intervention tenancy ( FIT) is regarded as an excluded tenancy under the Housing Acts 1985 ( HA 1985) and 1988 ( HA 1988), as it can be ended by notice without the landlord needing to prove grounds for termination or possession. The landlord may obtain possession and the tenant can be evicted if the behavioural support conditions have not been adhered to throughout the term. The procedure varies depending on whether the landlord is a local authority or a registered provider of social housing. Local authority landlord Where the landlord is a local authority, it must serve a notice of its intention before it can issue a notice to quit. The notice of intention to serve a notice to quit must: explain that the landlord will serve a notice to quit set out the reasons for serving a notice to quit state when the...
Section 30(1)(g) of the Landlord and Tenant Act 1954 ( LTA 1954) Under this provision, a landlord may resist the grant of a fresh lease where, at the end of the current tenancy, they intend to take up occupation of the holding for the purposes of a business they will run there (in whole or in part), or to live there. For details of the other grounds of opposition, see Practice Note: Summary of landlord's grounds of opposition. On ground (g) a landlord can: oppose a tenant’s application for a new tenancy; or apply to end the existing tenancy without granting a new one, on the basis that upon expiry they plan to occupy the holding for their own business purposes (in whole or in part), or as their residence. The landlord does not need to prove an intention to make physical use of every part of the...
This Practice Note sets out a consumer’s private right of redress for misleading and aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008), introduced by the Consumer Protection ( Amendment) Regulations 2014, SI 2014/870 ( CP( A) R 2014) from 1 October 2014 and updated by the Digital Markets, Competition and Consumers Act 2024 ( Consequential Amendments) Regulations 2025, SI 2025/381. It outlines the consumer’s avenues for redress and provides background and commentary on the revised provisions to be introduced under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), covering: the right to unwind the right to a discount the right to damages Background In 2012, the Law Commission and the Scottish Law Commission issued a report on redress for consumers affected by misleading and aggressive practices. They concluded that,...
HMOs are typically private dwellings first planned for a single household, later adapted to accommodate several distinct households or individuals. Such adaptation almost invariably entails shared bathing or kitchen facilities and the use of parts of the building for functions for which they were never intended, creating clear potential issues affecting not only amenity but also the safety of the accommodation. Moreover, Government and Parliament have recognised the necessity for particular measures for HMOs, owing to the unfortunate reality that people and families most in need of social protection, including those with young children, are frequently compelled to reside in housing which, by and large, is liable to be markedly less suitable than purpose-built flats or houses. The Housing Act 2004 ( HA 2004) introduced licensing for houses in multiple occupation ( HMOs). It sets out a precise definition of HMOs and...
This Practice Note outlines what a statutory demand is and what it is intended to achieve in corporate and personal insolvency, assuming the debtor is located in England and Wales. The statutory demand—the general position A statutory demand (in both corporate and personal contexts) is a formal request for a debt—either immediately payable or due at a specified future time—served on the debtor by one or more of their creditors. Across both regimes, if the debtor, within 21 days of service, does not pay the sum, does not satisfy it or provide security to the creditor’s satisfaction, or does not take the proper steps to stop the creditor acting further upon it, a presumption of insolvency arises on an inability to pay basis in respect of the debtor. Where the debtor is an individual, an unanswered statutory demand supplies a creditor with one of only two bases on which a...
This Practice Note sets out the procedure for managing commercial service charge disputes, with reference to the mandatory requirements and best practice in the Royal Institution of Chartered Surveyors ( RICS) professional standard, ‘ Service charges in commercial property’ ( Service Charge Standard). For guidance on the services a commercial landlord must provide and the expenses that may then be recovered, see Practice Notes: Commercial service charges—what is the landlord's liability to provide the service? and Commercial service charges—what expenses can the landlord recover? Service charge recovery—commercial versus residential Service charges in commercial property serve the same purpose as in residential settings: they allow a landlord to provide repair and maintenance services and reclaim the associated costs from a tenant. However, whilst residential service charges are regulated by extensive legislation (see...
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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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