CPI Update - Issue 77 - March 2010

The March 2010 issue of the CPI Update contains:

Case law commentary on:

• Can a tenant’s guarantee be required to guarantee a tenant’s assignee (or an AGA)? - Good Harvest Partnership LLP v Centaur Services Ltd;
• Exercising rights to terminate a contract for sale – Akzo Nobel UK Ltd v Arista Tubes Ltd;
• Damages for disrepair, and the factors to be taken into account in diminution of value valuations - Van Dal Footwear Ltd v Ryman Ltd;
• The fairness of residential property sale and leaseback terms - UK Housing Alliance (North West) Ltd v Francis;
• Contrasting cases on planning enforcement periods - Welwyn Hatfield Council v SoS for Comm. and Local Government; Fidler v SoS for Comm. and Local Government.

Legislative developments in relation to:
The Consumer Code for Home Builders.
Development land – draft Community Infrastructure Levy regulations.
SDLT – the new penalty regime.
SDLT – extension of DOTAS to residential property transactions.
Gas safety – the introduction of the Gas Safe Register in Northern Ireland.

Practical comment on:
Rent review – how assignees become liable to back rent.
Code of conduct – what amounts to an “arm’s length” transaction.
Break clause – paying rent in advance beyond a break date.
Execution of deeds – the Mercury Tax case, and the Law Society’s Practice Note.

Published 28th February 2010.