Occupancy in UK Law

Leading Cases
  • Westminster City Council v Southern Railway Company
    • House of Lords
    • 20 Maio 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 Fevereiro 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 Maio 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 Outubro 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 Fevereiro 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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  • Housing (Scotland) Act 2014
    • Scotland
    • 01 de Janeiro 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 1984 ... ...
  • Housing Act 1988
    • UK Non-devolved
    • 01 de Janeiro de 1988
    ... ... of the service of the notice; and(b) except in the case of a statutory periodic F18 tenancy—(i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began;(ii) in any other case, on the date that falls 52 weeks after the ... ...
  • Land Tenure Reform (Scotland) Act 1974
    • UK Non-devolved
    • 01 de Janeiro de 1974
    ... ... and other such payments on transfer of land; for limitations on the residential use of property subject to long lease and other rights of occupancy; for the variation of heritable securities in the event of residential use of the security subjects; for restrictions on certain rights of reversion, ... ...
  • Housing (Scotland) Act 2006
    • Scotland
    • 01 de Janeiro de 2006
    ... ... (5) A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house ... (6) A ... ...
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Books & Journal Articles
  • Lease structures and occupancy costs in eco-labeled buildings
    • No. 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...
    • No. 45-4, November 1983
    • Oxford Bulletin of Economics and Statistics
    • No. 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 ... ...
  • Preparing for technology: systems planning and implementation in Lied Library
    • No. 20-1, March 2002
    • Library Hi Tech
    • 33-46
    There are numerous considerations when constructing a state‐of‐the‐art twenty‐first century library. Major tasks include detailed network planning, system specifications, and equipment procurement....
    ... ... of the amount of planning and vigilance,challenges and problems will occur during various phases ofbuilding construction and subsequent occupancy.Electronic accessThe research register for this journal is available athttp://www.emeraldinsight.com/researchregistersThe current issue and full text ... ...
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Law Firm Commentaries
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