Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can food smells from cooking constitute a nuisance in the context of residential tenants?

Can food smells from cooking constitute a nuisance in the context of residential tenants?

Can food smells from cooking constitute a nuisance in the context of residential tenants?Private nuisancePrivate nuisance normally involves...

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local Authority at that time. The buyer’s solicitors have asked for an indemnity policy which the seller has refused on the basis there is a ‘build over’ agreement in place already. The buyer’s solicitors are arguing that as the agreement was entered into when the drains were privately owned the local water company must now be involved and either a new build over agreement obtained or a policy provided. Is this correct?

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local Authority at that time. The buyer’s solicitors have asked for an indemnity policy which the seller has refused on the basis there is a ‘build over’ agreement in place already. The buyer’s solicitors are arguing that as the agreement was entered into when the drains were privately owned the local water company must now be involved and either a new build over agreement obtained or a policy provided. Is this correct?

A client is selling a property where an extension was built over a private sewer in 2002 and a ‘build over’ agreement obtained from the Local...

Using the fixed penalty procedure, who is the correct person on whom to serve a notice under section 46 of the Environmental Protection Act 1990? Is it sufficient to serve ‘the occupier’? If named individuals must be served, how is this done where it is not clear which of the multiple occupiers of a premise has failed to comply with the section 46 requirements? How can a local authority identify occupiers?

Using the fixed penalty procedure, who is the correct person on whom to serve a notice under section 46 of the Environmental Protection Act 1990? Is it sufficient to serve ‘the occupier’? If named individuals must be served, how is this done where it is not clear which of the multiple occupiers of a premise has failed to comply with the section 46 requirements? How can a local authority identify occupiers?

Using the fixed penalty procedure, who is the correct person on whom to serve a notice under section 46 of the Environmental Protection Act 1990? Is...

Who is responsible for maintenance of a culvert which serves a number of properties? Are culverts covered by the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011?

Who is responsible for maintenance of a culvert which serves a number of properties? Are culverts covered by the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011?

Who is responsible for maintenance of a culvert which serves a number of properties? Are culverts covered by the Water Industry (Schemes for Adoption...