Effect of Criminal Trespass on Claim for Adverse Possession

The Court of Appeal has upheld the High Court decision and has held that criminal trespass should not have an adverse effect, on a claim for adverse possession of registered land. The court considered the effect of section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which makes it a criminal offence to trespass by “living” in a residential building. (Best v Chief Land Registrar [2015] EWCA Civ 17.)

Ending an Assured Shorthold Tenancy

The Court of Appeal considered if a notice under section 21 of the Housing Act 1988 (section 21 notice), seeking possession of a property let under an assured shorthold tenancy was valid if, at the time it was served, a security deposit paid in respect of the tenancy was not protected in accordance with the statutory scheme provided under the Housing Act 2004.

Non-Mandatory Leasebacks

The Upper Tribunal (Lands Chamber) has decided that a landlord, in a claim for collective enfranchisement by its tenants, was not entitled to require a leaseback of a unit that did not exist at the relevant date. By the same token, the landlord was not entitled to a leaseback of a unit, which was, or was included in, an area that was a common part at the relevant date. (Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd [2014] UKUT 390 (LC).)