Occupancy in UK Law

Leading Cases
  • Westminster City Council v Southern Railway Company
    • House of Lords
    • 20 Mayo 1936

    The question in every such case must be one of fact, viz., whose position in relation to occupation is paramount, and whose position in relation to occupation is subordinate; but, in my opinion, the question must be considered and answered in regard to the position and rights of the parties in the premises in question, and in regard to the purpose of the occupation of those premises.

    A familiar instance of this competing occupancy is the case of the lodger. In view of the frequently fleeting nature of the occupancy of a lodger, the convenience of this view, indeed the necessity for it, is obvious; but it purports to be based upon the paramountcy of the landlord's occupation, arising from his control of the front door and his general control over and right of access to the lodgers' rooms for the proper conduct of the lodging house.

  • Arbuckle Smith & Company Ltd v Greenock Corporation
    • House of Lords
    • 18 Febrero 1960

    It is evident, therefore, that there will not be occupation in the context of rating unless some use is made of the hereditament in the course of the relevant year. "Use" is not a word of precise meaning, but in general it conveys the idea of enjoyment derived by the user from the corpus of the object enjoyed.

  • Lloyds Bank Plc v Rosset
    • Court of Appeal (Civil Division)
    • 13 Mayo 1988

    If this is right, the pieces of the jigsaw fit together reasonably well. A purchaser or mortgagee inspects and enquires before completion, in the established fashion. If it does not, then subsequent entry of a person into occupation before the transfer or mortgage has been registered (and "completed" for the purposes of section 19) does not have the consequence of creating an overriding interest under paragraph (g) in relation to that freehold or mortgage.

  • Uratemp Ventures Ltd v Collins
    • House of Lords
    • 11 Octubre 2001

    The words "dwell" and "dwelling" are not terms of art with a specialised legal meaning. They are ordinary English words, even if they are perhaps no longer in common use. They mean the same as "inhabit" and "habitation" or more precisely "abide" and "abode", and refer to the place where one lives and makes one's home.

  • Wheat v E. Lacon & Company Ltd
    • House of Lords
    • 15 Febrero 1966

    Translating this general principle into its particular application to dangerous premises, it becomes simply this: wherever a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an "occupier" and the person coming lawfully there is his "visitor": and the "occupier" is under a duty to his "visitor" to use reasonable care.

  • Facchini v Bryson
    • Court of Appeal
    • 07 Abril 1952

    In all the cases where an occupier has been held to be a licensee there has been something in the circumstances to negative any intention to create a tenancy, such as a family arrangement, an act of friendship or generosity, or such like. In such circumstances it would be obviously unjust to saddle the owner with a tenancy with all the momentous consequences that that entails nowadays when there was no intention to create a tenancy at all.

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Legislation
  • Housing (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . (1) The functions and jurisdiction of the sheriff in relation to actions arising from the following tenancies and occupancy agreements are transferred to the First-tier Tribunal-. . . (a) a regulated tenancy (within the meaning of section 8 of the Rent (Scotland) Act   ......
  • Housing Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ....... (1) A tenancy or licence of a dwelling-house is for the. purposes of this Part of this Act an ‘assured agricultural. occupancy’ if— . . (a) it is of a description specified in subsection (2) below;. and. . . (b) by virtue of any provision of Schedule 3 to this Act. the ......
  • Marriage and Civil Partnership (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . (8) If an order under section 103(3) or (4) of the 2004 Act (regulation by court of rights of occupancy of family home) is in force at the time the qualifying civil partnership. ends by virtue of subsection (2)(a) of this section the order has effect ......
  • Matrimonial Homes (Family Protection) (Scotland) Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ...... Matrimonial Homes(Family Protection)(Scotland) Act 1981 1981 CHAPTER 59 . An Act to make new provision for Scotland as to the rights of occupancy of spouses in a matrimonial home and of cohabiting couples in the house where they cohabit; to provide for the transfer of the tenancy of a ......
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Books & Journal Articles
  • OCCUPANCY DISCOUNTS IN THE U.S. RENTAL HOUSING MARKET*
    • Nbr. 45-4, November 1983
    • Oxford Bulletin of Economics and Statistics
  • Lease structures and occupancy costs in eco-labeled buildings
    • Nbr. 38-1, January 2020
    • Journal of Property Investment & Finance
    • 31-46
    Purpose: The purpose of this paper is to investigate whether energy-efficient green buildings tend to provide net lease structures over gross lease ones. It then considers whether owners benefit by...
  • THE MANAGEMENT OF SHELF SPACE
    • Nbr. 15-1, January 1985
    • VINE
    • 39-42
    A recurrent problem in library administration is that libraries do not expand evenly. In a small library (of, say, less than 100,000 volumes) the daily reports of staff responsible for shelving are...
    ...... in all libraries; but in larger libraries it is difficult to obtain from these reports alone a clear view of the general pattern of shelf occupancy. The larger the library, the more important it becomes to assess ad hoc reports on tactical shelving difficulties in the context of a broader ......
  • Creating efficiencies in the acute care pathway: the rapid assessment, treatment and discharge approach
    • Nbr. 16-2, June 2011
    • Mental Health Review Journal
    • 50-55
    Purpose: Despite contemporary mental health services shifting to a community‐based model of care, acute inpatient care is still necessary for many patients experiencing an acute psychological crisi...
    ...... health patients in Hertfordshire spend on average two weeks in hospital during their acute crisis.The aim of this study is to reduce bed occupancy rates by implementing a novel approach to inpatientmanagement.Design/methodology/approach – A pragmatic controlled clinical trial design was used ......
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Law Firm Commentaries
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Forms
  • Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy, to the Tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to rent applications.
  • Chapter TPD3080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......You should reject any request for multiple registration or multiple occupancy and inform the Tobacco Policy Team, Ralli Quays, Manchester. ......
  • Chapter PIM7210
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... pass the 3 occupancy conditions. Occupancy conditions. Accommodation can only qualify as a FHL if it passes all 3 occupancy conditions:. Pattern of occupation ......
  • Chapter PIM7200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... pass the 3 occupancy conditions. Occupancy conditions. Accommodation can only qualify as a FHL if it passes all 3 occupancy conditions:. Pattern of occupation ......
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