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Archive for September, 2007

Goodbye to all that

The Tribunals, Courts and Enforcement Act 2007 heralds change in enforcement procedures whose roots are bedded in ancient history. The property industry will certainly wave a sad goodbye to the common law right to distrain for arrears of rent. Distress is to be abolished and replaced by a statutory procedure known as commercial rent arrears recovery (CRAR).

“Goodbye”, too, to the Disability Rights Commission which has so influenced the meaning of “reasonable” in the context of disability discrimination. Its influence has, in particular, been felt when considering removing, altering or avoiding physical features in the built and unbuilt environment when features make it impossible or unreasonably difficult for disabled persons to make use of services or facilities or to obtain goods offered to the public. The DRC is to be replaced by a “one-stop” Commission for Equality and Human Rights which is to commence work on 1 October 2007, ahead of the passing of the Equality Bill.

We wait to formally wave goodbye to the law of forfeiture (with its difficult concepts of peaceable re-entry, waiver and relief) which, it is proposed, will be replaced by a statutory regime - but it is only a matter of time.

However, it appears it is not “adieu” to adverse possession. The European Court of Human Rights, sitting as the Grand Chamber on the UK Government’s appeal in the case of JA Pye (Oxford) v United Kingdom, has held that acquiring land by adverse possession does not violate the European Convention on Human Rights thereby overturning the European Court’s 2005 decision.

Change - highlighted in our August newsletter - is all about us. Why not contact us at Hatherleigh Training to see if we can assist you in keeping abreast?