CPI Update - Issue 71 - September 2009

The September 2009 issue of the CPI Update contains:

Case law commentary on:

• The award of compensation for misrepresentation under section 37A LTA 1954 - Inclusive Technology v Williamson;
• Enforcing undertakings to discharge mortgages - Clark v Lucas Solicitors LLP;
• Landlord and tenant – reopening the lease/licence debate - London Development Agency v Nidai;
• Overage, and the interpretation of contracts by the House of Lords - Chartbrook Ltd v Persimmon Homes Ltd;
• The Insolvency Act 1986 and setting aside charging orders - Nationwide Building Society v Wright;
• Landlord and tenant; notice to quit by joint tenants - Hussain v Bradford Community Housing Ltd.

Legislative developments in relation to:
The Land Registry – three sets of regulations commencing on October 1, 2009;
Planning, and the introduction of Community Infrastructure Levy;
Energy efficiency – consultation on changes to the EPB Directive;
Residential leasehold – new restrictions on enfranchisement;
Mortgage repossession – DCLG consultation on possession proceedings against unlawful tenants.

Practical comment on:
Completing transactions making use of the Law Society’s code for completion by post;
Overriding leases – analysing the ability to serve section 17 notices;
Land Registry – a new Practice Guide relating to deeds of variation and rectification;
Land Registry – subtle changes to the Practice Guide on rectification and indemnity;
Insolvency – pre-pack administrations and the Lovells questionnaire;
Land Registry – early completion: the Law Society’s Practice Note; application to first registrations; avoiding additional official copy charges;
SDLT – filing further tax returns.

Published 30th August 2009.