Publications

Encroachment – adverse possession by long leaseholders

Max Thorowgood discusses a familiar scenario: a long leaseholder takes possession of some loft space, a balcony or a roof terrace. It is outside their demise. But it is only accessible from their demised premises. It seems ‘obvious’ that in such a case, provided the lessee remains in possession for sufficient time to bar the landlord from taking proceedings to eject them, that the lessee should acquire title to the ‘adversely possessed’ land. Needless to say, the position is not that straightforward.

The Renters’ Rights Act 2025: what do you need to know?

The Renters’ Rights Act represents the most significant overhaul of private rental law in a generation. By abolishing the familiar Section 21 “no-fault” route to possession and consolidating all private tenancies into open-ended assured tenancies, the Act reshapes the delicate balance between landlord flexibility and tenant security. It also reconfigures the web of statutory compliance duties that have, until now, functioned as “technical bars” to possession.