CPI Updates

The December 2008 issue of the CPI Update contains:

Case law commentary on:

• The implications of a tenant’s administration - Innovate Logistics Ltd v Sunberry Properties Ltd;
• Midill (97PL) Ltd v Park Lane Estates Ltd - section 49(2) LPA 1925 and the return of deposits;
• Chantry Estates (South East) Ltd v Anderson - extending an option period;
• Alchemy Estates Ltd v Astor - acquisitions conditional on licence to assign;
• Grosvenor Estates Ltd v Prospect Estates Ltd - leasehold enfranchisement: what is a house?
• Osibanjo v Seahive Investments Ltd - forfeiture and waiver;
• Brimex Ltd v Begum - the implications of an unlawful subletting;
• Brightlingsea Haven Ltd v Morris - constructive trusts and section 2 LP(MP)A 1989.

Legislative developments in relation to:
The VAT rate change announced in the pre-Budget report;
Property taxes – changes to empty rates relief;
Land Registry – new first registration triggers;
Planning – Planning and Energy Act 2008.

Practical comment on:
The new Land Registry ID procedures – further practical ID questions;
Land Registry procedures on sales by mortgagees;

and a consideration of whether a landlord can require a guarantor to guarantee an AGA, and what implications arise as SDLT meets its fifth anniversary.

Published 1st December 2008.

The November edition of the Commercial Property Information Update contains:

Case law commentary on:

• The House of Lords decision in Scottish & Newcastle plc v Raguz, relating to default notices and section 17 LTCA 1995
• Risegold Ltd v Escala Ltd – the extent of an easement
• Chinnock v Hocaoglu - tendering the correct amount to complete
• Hutchison v B&DF Ltd – formalities for entering agreements for lease
• Horsham Properties Group Ltd v Clark – mortgagees’ powers of sale
• Fender v National Westminster Bank plc – annulling a deed of release for mistake
• Hodsoll v Hanbury – a surety’s principal or secondary liability?

Legislative developments in relation to:
The Land Registry – The Land Registration (Amendment) Rules 2008
Energy performance – further new guidance issued by the DCLG
VAT – more issues for house builders who choose to let
Limited partnerships – consultation on legislation changes to the 1907 Act
Common Auction Conditions – consultation on a 3rd Edition
Planning – model planning conditions
Powers of attorney – changes to lasting powers?

Practical comment on:
The important new Land Registry ID procedures for unrepresented parties
The Law Society’s guidance on undertakings in the current banking crisis
SDLT – an end to bar-coded returns
CPSEs – minor changes to enquiries before contract

and a consideration of issues arising where a solicitor is signing a contract on behalf of a client; and where easements are required to be re-granted as part of a 1954 Act renewal.

Published 1st November 2008.