CPI Update - Issue 96 - December 2011

The December 2011 edition of the Commercial Property Information Update is published today on this website.

If you are a subscriber (and you are logged in) you can access the update by clicking on CPI Update – December 2011 and opening the attachment.

The December 2011 issue of the CPI Update contains:

Case law commentary on:

• Unpaid insurance rent at a break date - Quirkco Investments Ltd v Aspray Transport Ltd;
• Setting aside a guarantee for undue influence - Trustees of Beardsley Theobalds RBS v Yardley;
• Rescission of contracts post-completion for breach of contract - Howard-Jones v Tate;
• Easements acquired by prescription after expiry of licence - London Tara Hotel Ltd v Kensington Close Hotel Ltd;
• Exclusivity agreements and non-refundable deposits - Sharma v Simposh Ltd;
• Corporate acquisition: assets sale or share sale? - Estafnous v London & Leeds Business Centres Ltd;
• The effect of an assignment of part - Smith v Jafton Properties Ltd;
• Why unregistered equitable easements will not bind - Chaudhary v Yavuz;
• Title to registered land by adverse possession - Zarb v Parry;
• Trespass into airspace by hoardings - Stadium Capital Hold. (No.2) Ltd v St Marylebone Prop. Co Plc;
• Landlord and tenant: tenancies for life - Berrisford v Mexfield Housing Co-operative Ltd (Rev 1); Hardy & Anor v Haselden & Ors.

Legislative developments in relation to:
Localism - Localism Act 2011;
Climate change - Energy Act 2011;
Climate change - The Green Deal;
SDLT and basic thresholds in residential;
Business rates - extended period of small business rates relief;
Trespass - MoJ announces a new offence of squatting;
Regulation - the pub industry framework code;

Practical comment on:
Underleases, and the liability of the under-tenant for repair and re-instatement under the head-lease;
Mortgages: the power of sale for “invisible” mortgagees;
SDLT advice on exchanges and on filing SDLT returns;
Searches and enquiries – Highspeed 2 route.

Published 30th November 2011.