CPI Update - Issue 61 - October 2008

The October edition of the CPI Update is attached below. Click to open the attachment. This update contains:

Case law commentary on:

• Margerison v Bates - restrictive covenants, and the need for consent to build
• William Page & Co. Ltd v BNP Paribas - options to renew; conditions for exercise
• Halifax plc v Curry Popeck - land registration; priority of interests
• Fowles v Heathrow Airport Ltd - 1954 Act grounds of opposition
• Possfund Custodian Trustee Ltd v Kwik Fit Properties Ltd - landlord’s right of inspection
• Town Quay Developments Ltd v Eastleigh Borough Council – easements, and requirements for consent

Legislative developments in relation to:
Energy performance – the new transitional rules for non-domestic buildings
Energy performance – display energy certificates – the October 1 commencement
VAT – partial exemption for house-builders who now choose to let
Planning law – standard applications in relation to Tree Preservation Orders
SDLT – the new exemption for residential property

Practical comment on:
Break clauses – the effect of withdrawing a break notice
Quarterly rents – changing the frequency of rental payments
1954 Act contracting-out – dealing with non-resident tenant/guarantor
Land Registry – watermarked official copies of the register
Property fraud - mortgage rescue schemes; SDLT relief; vicarious liability for employee fraud; Land Registry fraud indemnity payments
Certificates of title – changes relating to new VAT rules
CPSEs – version 2.9

Published 29th September 2008.