Articles by Craig Walker

Prescriptive Rights of Way – an easing of the evidential burden?

It is often the case that a landowner’s exercise of a right of way over a neighbour’s land is challenged and there is nothing in writing to evidence the right. This is not necessarily fatal to establishing a right of way as in certain circumstances it may be possible to establish a right of way […]

Taking care of the (fresh) evidence

This article first appeared in the Estates Gazette. The case of Clear Call Limited – v – Central London Investments Limited [2016] EWCA Civ 1231 [2017] provides further guidance of the application of the Ladd – v – Marshall ([1954] EWCA Civ 1) test for the submission of new evidence in a case where judgment has […]

Proprietary estoppel: family feuds and farming fall out

Proprietary estoppel is an equitable doctrine which allows the court to prevent a legal owner of property (usually land) from asserting their strict legal rights, when it would be unfair to allow them to do so. This doctrine often arises in cases of family feuds, where informal and undocumented arrangements relating to property rights go […]

Right to rent

This article follows on from our earlier update in January of this year on the ‘right to rent’ checks introduced by the Immigration Act 2014 (see here for a recap of these). From 1 December 2016, a number of the provisions of the Immigration Act 2016 (the “2016 Act”) come into force. Perhaps the most […]

Update: Foreign companies who own UK property are to be subject to new transparency measures

On 12 May 2016, ahead of the anti-corruption summit in London, David Cameron announced proposals for legislative reforms which will introduce a new public register revealing the “true owners” of UK property bought by foreign companies. This new register constitutes just one of a number of measures aimed at tackling money laundering, as London tries […]

Commercial Real Estate: What can a Landlord do if a Tenant fails to pay rent?

There are a range of remedies available to landlords of commercial properties where the tenant has stopped paying rent. Below is a brief summary of options that may be appropriate in the circumstances. Rent Deposit Drawdown If a deposit has been received from the tenant at the start of the lease, a landlord may be […]

Private residential landlords: do you need a licence?

You are a private residential landlord renting out a property in a “selective licensing” area – did you know that you could face a fine of £20,000 and be ordered to pay back rent to your tenants if you don’t have a licence? Under the Housing Act 2004, local authorities have powers to introduce “selective […]

Is the Tide Beginning to Turn in Favour of Tenants in Relation to Breaks in Leases?

The High Court has recently held that a tenant was entitled to repayment of apportioned rent “overpayment” following exercise of a break option in its lease.