“More and more commercial tenants nowadays, given the economic uncertainty of our times, ask the landlord to insert a break clause in their leases so that the tenant can terminate the lease early if the new venture turns out to be less successful than hoped for.
However in a difficult market, landlords are reluctant to lose a tenant who has a good payment record and may find any excuse to hang on to reliable tenants. It is common for landlords to pick holes in tenants’ break notices in an attempt to keep them on the hook for rest of the lease. Typically the landlord will claim that the break notice was not validly served or it contains errors.
The High Court has recently decided the case of Ali v Secretary of State for Environment, Food and Rural Affairs which has provided fresh warning for Landlords who wish to ensure that Rights of Way are not created on their land by way of implied dedication.
Under the Section 31 of the Highways Act 1980 there may be presumed dedication where the public has enjoyed a way over land as of right and without interruption for 20 years. This is subject to the landowner being able to provide sufficient evidence that there was no intention to dedicate it as highway.
Legal Update – Council land not held to be Village Green
Report on R (Barkas) v North Yorkshire County Council
Village greens have been in the local news a lot over the past year or two, the Newhaven beach case being particularly prominent. The Commons Act 2006 permits a local resident to apply to register land as a village green in certain circumstances.
To be successful, the applicant must be show that the land had been used by a “significant number of the inhabitants of any locality, or of any neighbourhood within a locality, indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years”.
Meet the Team ... our Peacehaven Office.
We are delighted to announce that Quintin Barry, one of our Employment solicitors, has had his sixth book published, "The Somme 1870-71 The winter campaign of Picardy".
Quintin is also a Notary Public and was previously an Employment Judge.
There are three further books which are about to be completed, which he is working on in his spare time!
We congratulate him."
See our feature regarding Inheritance Tax in the Etc Mag for their Senior Living & Wellbeing special edition with OBC Accountants (pages 78 & 79)