2008

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.

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.

The September 2008 issue of the CPI Update is attached below. Click to open the attachment. This update contains:

Case law commentary on:

• Yeoman’s Row Management Ltd v Cobbe - Development land, proprietary estoppel and constructive trusts
• R (on the application of Lewis) v Redcar & Cleveland BC - Village greens and the effect of prohibition signs, and deference to other uses
• Landlord Protect Ltd v St Anselm Development Co. Ltd - Landlord and tenant – guarantees and other security for performance
• Asda Stores Ltd v Salya Investments Ltd - Rent review, and whether to disregard improvements
• Manton Securities Limited v Nazam - 1954 Act – Tenancy at will
• Tekegac v Emmott - 1954 Act – Section 26 request
• Platform Funding Ltd v Bank of Scotland plc - Professional negligence and property fraud – what is a surveyor’s duty of care?
• Anglo Continental Educational Group v Capital Homes - Sale of land – Implied term as to price
• Leonora Investment Company Ltd v Mott MacDonald Ltd - Landlord and tenant – Service charge

Legislative developments in relation to:
Land Registry changes – Amendments to the Land Registration Rules
Community Infrastructure Levy update – a DCLG policy statement
The Housing and Regeneration Act 2008 - a miscellany of provisions
The Commons Act 2006 - Registering common land and TVGs
Planning – the need for Environmental impact assessments
Planning consultation - Changes to PPS6: Planning for Town Centres
Property tax – Finance Act 2008 Royal Assent

Practical comment on:
Boundaries – Trespass; evidence of location
Easements – Varying the route
New homes – new rules for disclosure of incentives by housebuilders
Law Society Practice Note – Telegraphic transfer fees

Published 1st September 2008.

The July/August 2008 issue of the CPI Update contains:

Case law commentary on:

• Earl Cadogan v 26 Cadogan Square Ltd - Residential leaseholds and the right to enfranchise
• Bell v Long - Mortgages; duties of receivers on sale
• Chilli Developments Ltd v Commission for the New Towns Exclusivity agreement; good faith clause
• Brooks v Young – Easements; right of way
• Ben Cleuch Estates Ltd v Scottish Enterprise Landlord and tenant; break notice; estoppel
• Glass v Campion Forfeiture – Arrears of rent
• Hicklane Properties Ltd v Bradbury Investments Ltd - Pre-emption agreement; open market value
• Transview Properties Ltd v City Site Properties Ltd -Sale of land; side letters; overage abatement clause

Legislative developments in relation to:
Energy efficiency – the Green Homes Service
Planning – Planning performance agreements
Planning – Model planning conditions for contaminated land
Planning – Flooding
Common land – Release of land for development
Property tax – Energy saving items; corproation tax
SDLT – Commercial sukuk
VAT – Partial exemption consultation
EPCs – the July 1st commencement date for mid-sized commercial buildings

Practical comment on:
SDLT – Notification requirements
CPSEs – June 2008 revisions
New Homes – Disclosure of incentives
Property Information – Local searches and leasehold information
EPCs – Guidance on the EPC Regulations

And a consideration of Crown cautions, and registration of options to purchase to give priority over later interests.

Published 30th June 2008.

The June 2008 issue of the CPI Update contains:

Case law commentary on:

• Barclays Bank plc v Guy - Land Registration; fraud and rectification.
• Royal Bank of Scotland plc v Victoria Street (No 3) Ltd - Landlord and tenant; consent to assign.
• Micro Design Group Ltd v BDW Trading Ltd – Overage; planning triggers.
• Bhambhani v Willowcourt Management Co (1985) Ltd - Service charge; certification of expenditure.
• Watson v Croft Promo-Sport Ltd – Nuisance; damages for excessive noise.
• Forsyth-Grant v Allen - Rights to light; basis of damages calculation.

Legislative developments in relation to:
VAT – New Schedule 10 VATA 1994.
Energy Performance of Buildings – Display energy certificates – DCLG Guidance.
SDLT – Residential property disclosure rules.
HIPs – First day marketing provision.
SDLT - Finance Bill amendment.

Practical comment on:
Dilapidation claims – revisions to the pre-action protocol.
Searches and Enquiries – index map search (illustrative plan service).
Searches and Enquiries – noise mapping.
Agreed notices – Protecting sub-sale contracts.
Options to break – Landlord breaking part.

And a consideration of the consequences of a failure to supply an EPC, and statutory pre-emption rights, and what amount to relevant disposals under the LTA 1987.

Published 31st May 2008.

The May 2008 issue of the CPI Update (attached below) contains:

Case law commentary on:
McDonalds Real Estate LLP v Arundel Corporation - Hypothetical premises at rent review
In the matter of land at Alisha House - Restrictive covenants and section 84 LPA 1925
Forsyth-Grant v Allen - Rights to light; the basis of damages calculation
Principal & Fellows of Newnham College, Cambridge v HMRC - VAT avoidance; election to waive exemption
Ezekiel v Kohali - Sale of land; title deduction under open contract rules
Fitzkriston LLP v Panayi - Land registration; leases as overriding interests
Looe Fuels Ltd v Looe Harbour Commissioners - Agreement for lease; oral contracts
Strachey v Ramage - Boundary disputes; plans for identification only
Tesco Stores Ltd v Constable – Indemnities; economic loss and insurance

Legislative developments in relation to:
SDLT - Abolition of Form SDLT 60
VAT - TOGCs – VAT Notice 700/9
Planning - Heritage Protection Bill
Planning - Planning fees circular
Local Government Reorganisation - Disposals of land
VAT – Land and Buildings tax law re-write.

Practical comment on:
Housebuilders – mortgage fraud
Land Registry Practice Guide amendments

And a consideration of issues of enfranchisement, following the Boss Holdings case, asking the question: “Is your business property a house?”, and also a look at easements in short-term leases, and issues of registrability.

Published 30th April 2008.

The April 2008 issue of the CPI Update (see attachment below) contains:

Case law commentary on:
City Inn (Jersey) Ltd v Ten Trinity Square Ltd (CA) - Restrictive covenants, and requirements for consent.
RHJ Ltd v FT Patten (Holdings) Ltd (CA) - Rights of light; prescriptive grants, and the effect of reserving a right to build.
Dartmouth Court Blackheath Ltd v Berisworth Ltd - Pre-emption rights under the Landlord and Tenant Act 1987.
Chartbrook Ltd v Persimmon Homes Ltd (CA) - Interpretation and rectification of overage clauses.
Walker v Kenley - Interpretation of a trigger event for overage.
Chief Aribisala v St James Homes (Grosvenor Dock) Ltd - Sale of land; the return of a deposit under section 49(2) LPA 1925.
Shah v Colvia Management Co Ltd - Reasonable estate regulations in a lease.
Housden v Conservators of Wimbledon & Putney Commons - Easements: is there a capable grantor?

Legislative developments in relation to:
Property Taxes - Budget 2008
Budget 2008 - Self-certifiable transactions
Execution of documents - Foreign companies
Energy Performance Certificates – Transitional rules for commercial buildings
Home Information Packs - EPCs for new homes
Home Information Packs - Sustainability certificates for new homes
Land Registry - Electronic conveyancing
Planning - Appeals
Building Regulations - Time limits for enforcement
Building Regulations - The future of building control

Practical comment on:
Land Registry - ID Forms
Local Government Re-organisation - Disposals of land
Code for Leasing Business Premises - Supplementary documents

And a consideration of rent review issues arising following an insolvency, and the grant of an overriding lease.

Published 31st March 2008.

The January 2008 issue of the CPI Update contains:

Case law commentary on:
Eyestorm Ltd v Hoptonacres Homes Ltd - Variation of agreements on the sale of land.
Dartford v HMRC - VAT and the transfer of a going concern.
Abdurrahman Tezgel (Trading as Master Chef) v HMRC - VAT and the transfer of a going concern.
Commission for the New Towns v Terrace Hill (Stockton) Ltd - Option periods under an option to purchase.
Coles v Samuel Smith Old Brewery (Tadcaster) - Effect of an undervalue sale on an unprotected option.
Udal v Dutton - Injunctions and party walls.
Haines v Hill (CA) Section 339 Insolvency Act 1986 and undervalue transactions.
Curley v Hollier - Development land acquisition long-stop dates.
Meretz Investments NV v ACP Ltd - Development agreement; damages; economic torts.

Legislative developments in relation to:
Land Registration Rules - Consultation paper - certificates of identity.
Land Registration Rules - Consultation relating to possessory titles.
SDLT - Consultation on avoidance.
Energy Performance Certificates - Consultation on validity period of certificates.
Planning - Guidance on information required for planning applications.
Value Added Tax - New rules affecting property.
SDLT - Zero-carbon relief.

Practical comment on:
Land Registry - Extending priority.
Landlord and tenant - Undertakings for costs.
RICS Code of Measuring Practice - 6th Edition.
Residential leaseholds – Administration charges

Published 31st December 2007.

The February 2008 issue of the CPI Update contains:

Case law commentary on:
Rennie v Westbury Homes (Holdings) Ltd (CA) - exercising option agreements.
Risegold Ltd v Escala Ltd - Easements and the extent of rights granted.
Ravengate Estates Ltd v Horizon Housing Group Ltd - The extent of demised premises for dilapidations.
Cameron Limited v Rolls-Royce plc - Agreements for lease, licences to occupy and the 1954 Act.
Midill (97PL) Ltd v Park Lane Estates Ltd - Completion notices and forfeiture of a deposit on a share sale.
Glenmere PLC v F. Stokes & Sons Ltd - Conditional agreement for the acquisition of land.
Homepace Ltd v SITA South East Ltd - Conclusiveness of an expert’s certificate.
Turner v Pryce - Restrictive covenant; obsolescence in a building scheme.

Legislative developments in relation to:
Land Registry - The Land Registration (Proper Office) Order 2007.
Planning - Review of “call-in” directions.
Energy Efficiency - Guidance on EPCs.
Development – Guidance on Community Infrastructure Levy.

Practical comment on:
Searches and Enquiries – Local Authority searches.
SDLT – Technical Newsletter 6.
2008 – remember it is a leap year.

And a consideration of the insolvency, disclaimer and the effect on sub-tenants.

Published 31st January 2008.