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A. W. &
C. Barsby: Legal Research
and Publishing
10-2 Link to DEFRA for information on common land; also town and village greens. (This is especially helpful on the protection given to common land and town and village greens).
10-5 Section 194 applies less widely than s. 193, since it applies only to land which is subject to rights of common.
10-7 The origin of town and village greens is somewhat mysterious, at least in the sense that it does not fit into a single pattern. For a discusssion of the vaarious theories see The English Village Green (1985) by Brian Bailey, which is highly recommended.
10-8 Note also subsection (1B) which anticipates that regulations may provide for the period to come to an end unless particular steps are taken (these might perhaps include producing evidence of public use); and that local authorities may make information about these steps available.
10-16 Link to HMSO for the Act. Link to DEFRA for information on the Act. Link to Countryside Agency for information about mapping access land. Draft maps for two areas have already been produced, and the period for comments ended on 11 February 2002. A third map is expected to be published in draft form in June 2002.
10-20 Link to UK Parliament site for judgment in Bettison v Langton. The case provides useful background information on the history of common land and rights over it.
10-25 Agricultural tenancies. Though the text does not go into agricultural tenancies, the important case of Jewell v McGowan [2002] EWCA Civ 145 should be noted. In this case the lease contained a (very common) covenant that the land should be used "for agricultural purposes only". Did this include starting an "open farm" to attract visitors, diversification being necessary for the viability of the farm? The court decided that it did not: the principle underlying the Agricultural Holdings Act 1948 was that the tenant was protected, but the landlord retained the right to develop the land.
10-25 The ODPM publishes a wide range of booklets which explain the law on leases of various sorts, including leases of flats and business leases. Link to ODPM for information on business tenancies. And residential tenancies.
10-25 The text doees not go further into the question of protection of people who are occupying property under a licence (permission) rather than a lease; however there is protection for such people in some circumstances. Link to ODPM for further information.
10-25 Link to ODPM for consultation paper on selective licensing of private landlords. Link to ODPM for list of leaflets on housing and landlord and tenant issues.
10-25 This heading does not deal with the system by which the the Housing Corporation funds housing associations and other non-profit-making providers of housing, who are Registered Social Landlords. Link to Housing Corporation for further information.
10-32 This is a complicated and difficult area of the law. The Law Commission, the body responsible for law reform, has been pressing for changes for many years. Link to Law Commission for further information.
10-36 In November 2001 the Office of Fair Trading published a guide on the application of the regulations to short residential tenancies, reference OFT356.pdf. Link to OFT. Link to the Regulations.
10-37 There are provisions in the Housing Bill currently before Parliament for the selective regulation of residential letting. Link to Parliament site for the Housing Bill.
10-52 The 1954 Act will be amended, from June 2004, by a Regulatory Reform Order. Link to HMSO for the Regulatory Reform (Business Tenancies)(England and Wales) Order 2003, SI 2003/3096.
10-56 Trading companies are usually limited by shares. The members of the company hold the shares; and "limited" means that a member's liability for the company's debts is limited to the face value of his shares. Where a company is limited by guarantee, the members each give a guarantee of a certain amount (which can be a nominal amount) and this represents the limit of their liability. Companies limited by guarantee are suitable for purposes other than trading, where there is not expected to be any distribution of profits.
10-62 Link to ODPM for 1999 consultation paper on HMOs. Link to ODPM for guidance to local authorities on HMOs. The Housing Bill currently before Parliament has proposals on regulating houses in multiple occupation. Link to Parliament site for the Housing Bill.
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A. W. & C. Barsby 2004. Please see our "Who are we..." page for the terms on which this information is made available. |
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