Occupancy in UK Law
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Westminster City Council v Southern Railway Company
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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.
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Lloyds Bank Plc v Rosset
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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.
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Arbuckle Smith & Company Ltd v Greenock Corporation
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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.
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Williams & Glyn's Bank Ltd v Boland
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The purpose, in each system, is the same, namely, to safeguard the rights of persons in occupation, but the method used differs. In the case of unregistered land, the purchaser's obligation depends upon what he has notice of—notice actual or constructive. In the case of registered land, it is the fact of occupation that matters. If there is actual occupation, and the occupier has rights, the purchaser takes subject to them.
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Wheat v E. Lacon & Company Ltd
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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.
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Uratemp Ventures Ltd v Collins
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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.
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Housing (Scotland) Act 2014
... ... 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— ... ...
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Antisocial Behaviour etc. (Scotland) Act 2004
... ... (a) any person who, by virtue of a tenancy or an occupancy arrangement, occupies the relevant house mentioned in subsection (1) F53 ... ...
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Housing Act 1988
... ... , no tenancy or licence (whenever made) of a dwelling-house that is in Wales can be an assured tenancy or an assured agricultural occupancy. (2) Accordingly, ... ...
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Housing (Scotland) Act 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 ... ...
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Lease structures and occupancy costs in eco-labeled buildings
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...
- OCCUPANCY DISCOUNTS IN THE U.S. RENTAL HOUSING MARKET*
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Urban routines, spatial occupancy, and their effects on outdoor crime in Barcelona
Based on mobile phone data from the city of Barcelona, Spain, generalized linear models are used to analyse the relationship between urban mobilities and the spatial and temporal patterning of robb...
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THE MANAGEMENT OF SHELF SPACE
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 ... ...
- Agricultural Occupancy Marketing Requirements
- Removal Of Agricultural Occupancy Conditions: The Importance Of Marketing At A Realistic Price
- What Do Landlords And Tenants Need To Know About Insurance For Multi-Occupancy Buildings In The Wake Of The Grenfell Tragedy?
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Accommodation For Agricultural Workers
... ... providing accommodation for farm employees. The main two options ... will be to either create a tenancy or a service occupancy ... An assured shorthold tenancy (AST) involves an agreement that ... clearly outlines the tenant's responsibility for the condition ... of the ... ...
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Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy, to the Tribunal
Forms relating to rent applications.
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Response to Application for Direction for Succession Tenancy on Retirement
Forms relating to agricultural lands and drainage, including notices of application.... ... ... ... ... ... ... ... ... 14. RESPONSE TO OCCUPANCY CONDITION ... ... ... ... ... ... ... ... ... ... ...
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Application by tenant or local housing authority for a Rent Repayment Order (Housing and Planning Act 2016)
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... ... (ii) A copy of the notice of intended proceedings under section 42 ... A copy of the written agreement covering the occupancy of your property ... Or ... If you do not have a written agreement, please set out in box 11 below the main terms of your agreement ... ...
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Notice of Application for Direction for Succession Tenancy on Retirement
Forms relating to agricultural lands and drainage, including notices of application.... ... ... ... ... ... ... ... ... 13. OCCUPANCY CONDITION ... ... ... ... ... ... ... ... ... ... ...