Abstracts » Real estate industry

Insecure tenancies

Article Abstract:

The Agricultural Holdings Act 1986 does not grant a subtenant protection against the head landlord. When intermediate tenancies end, the position of any subtenant is determined by general law. The courts have recently investigated this area of law, in particular the conditions under which a subtenancy falls with the tenancy out of which it is created. In Barrett v. Morgan, the trial judge and the Court of Appeal agreed with the defendant that his subtenancy could not be ended in circumstances in which his landlords had clearly submitted to the termination of their own lease. This view was rejected by the House of Lords.

Subtenants

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Speculation, chances and damages

Article Abstract:

The method for the assessment of damages due to professional negligence is made on a speculative basis in British courts. The court has to decide how much money the plaintiff has lost as a direct cause of the defendant's action, but it does not base this decision on factual evidence alone. If the loss amount is inaccurate, the defendant may pay an unfair amount of damages, or indeed may not need to pay damages at all. Some cases only succeed through the Court of Appeal, although the selection criteria for this process is uncertain.

Usage, Court rules, Damages, Damages (Law)

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Adversely affected

Article Abstract:

A case heard in the UK courts involving the adverse possession of land over a 14 year period is presented.

Interpretation and construction, Cases, Land law, Adverse possession, Land tenure

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