2009

The December 2009 issue of the CPI Update contains:

Case law commentary on:

• Using ground (g) (occupation) to oppose lease renewal - Patel v Keles;
• The express grant of an easement by way of an assent and will - Thompson v Bee;
• Land registration and an application of the general boundaries rule - Frazer v Brown;
• Landlord and tenant implications of the surrender of an underlease - BNY Trust & Depositary Co Ltd v Bourne End One Ltd;
• The duty to make reasonable adjustments under the Disability Discrimination Act 1995 - Royal Bank of Scotland plc v Allen;
• Insolvency cases: rent liability in an administration - Lomas & Ors v RAB Market Cycles (Master) Fund Ltd;
• Insolvency cases: setting aside transactions defrauding creditors - 4Eng Ltd v Harper & Ors.

Legislative developments in relation to:
The Perpetuities and Accumulations Act 2009.
VAT – change in the VAT rate.
VAT – residential service charges.

Practical comment on:
Agreements for lease – assigning the benefit of the agreement
Adverse possession – various miscellaneous points
SDLT – penalties for incorrect returns
Flood searches – the Land Registry’s new Flood Risk Indicator
Land Registry – ID requirements and unrepresented lenders

Published 30th November 2009.

The November 2009 issue of the CPI Update contains:

Case law commentary on:

• Exercising a personal break right - Norwich Union Life & Pensions v Linpac Mouldings Ltd;
• Restrictive covenants; what is a nuisance or annoyance? - Dennis v Davies;
• The implications of an administration order on 1954 Act renewal proceedings - Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd;
• The effect of an assignment of a sale and leaseback agreement - Quest Advisors Limited v McFeely;
• Developing land; obligations to enter into section 106 agreements - Nirah Holdings Ltd v British Agricultural Services Ltd;
• The validity of a notice to complete - Jeans v Taylor;
• Developing land; satisfying conditional agreements for lease - Gregory Projects (Halifax) Ltd v Tenpin (Halifax) Ltd;
• Professional conduct; undertakings to discharge mortgages - Thames Valley Housing Association Ltd v Willmett Solicitors;
• What is the extent of the highway - Griffiths (Contractors) Ltd v Driver & Vehicle Licensing Agency.

Legislative developments in relation to:
Land Registry – changes to proper office rules
Residential leasehold – the right to manage

Practical comment on:
Contract deposits – 10% or penalty?
AGAs – what is the extent of a former tenant’s liability? Does it continue into the 1954 Act statutory continuation?
Company charges – is a letter of non-crystallisation required?
Companies Act 2006 – effect of the Act on the section 42 LTA 1954 group company provisions.
Land Registry – Land Registry ID checks to make.
Insolvency – pre-pack administration news.

Published 1st November 2009.

The October 2009 issue of the CPI Update is attached below. It contains:

Case law commentary on:

• Making contracts for sale conditional on planning and dealing with third party challenges - Stoll v Wacks Caller;
• Establishing a repudiatory breach of a housebuilder's new-build contract - North Eastern Properties Limited v Coleman & Quinn;
• Insolvency and the registration of bankruptcy petitions - Trustee in Bankruptcy of Poulton v Ministry of Justice;
• The land registration effects of a sale and leaseback fraud; priority of interests - Redstone Mortgages plc v Welch;
• Landlord and tenant; service of notices by companies - Hilmi and Assoc. Ltd v 20 Pembridge Villas Freehold Limited;
• Easements – what amounts to an actionable interference? What justifies refusal of an injunction? Wall v Collins

Legislative developments in relation to:
The Companies Act 2006:
– registration of charges;
– execution by overseas companies;
– registration of charges by overseas companies;
– Companies Act and LLPs;
– financial collateral arrangements;
Changes to search fees for local land charge personal searches.

Practical comment on:
Guarantees of a landlord, and their release or retention on assignment.
1954 Act – termination for redevelopment where agreements for lease are planned.
Land Registry – new issue of Landnet.
Contracts and deeds – Mercury Tax, once again.

Published 30th 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.

The July/August 2009 issue of the CPI Update is attached below. This issue contains:

Case law commentary on:

• Charging VAT on service charges – the ECJ opinion in RLRE Tellmer Property;
• Correctly drafting a break notice - The Prudential Assurance Company Ltd v Exel UK Ltd;
• Restrictive covenants and the annexation of benefits - Norwich City CofF&HE v McQuillin and Downs;
• Restrictive covenants and the creation of a building scheme - Clarke v Murphy;
• Trespass by drilling bore holes at depth - Star Energy UK Onshore Ltd v Bocardo SA.

Legislative developments in relation to:
The Carbon Reduction Commitment – the BPF Guide for landlords and tenants;
The Carbon Reduction Commitment – drafting issues arising out of the Guide;
Insolvency – reforming CVAs to provide a moratorium for larger companies;
Planning – greater flexibility for planning permissions;
VAT – occupation and the Newnham case;
Mortgage rescue – regulating the sale and rent-back sector;
VAT – options to tax – revoking options after 20 years.

Practical comment on:
Dispositions of land by charities;
Land Registry – a reminder of the new Fee Order in force from 6 July;
HIPs – amended procedural guidance;
SDLT – penalty notice defects;
Contracts for sale – analysing Mercury Tax and concluding that modern practice does not fit with the concept of exchanging contracts;
Land Registry – an “early completion” update;
Certificates of Title – supporting documents updated.

Published 1st July 2009.

The June 2009 issue of the CPI Update is attached below. It contains:

Case law commentary on:

• Easements, and the possibility of a derogation from the grant - Carter v Cole;
• Execution of a deed with a forged signature - In the matter of Carson Country Homes Ltd;
• Landlord and tenant; whether a surrender releases a claim under a CVA - In the matter of Cotswold Company Ltd;
• Adverse possession of the river bed - Port of London Authority v Ashmore;
• Service charges; how the LTA 1985 affects intermediate landlords - Paddington Walk Man. Ltd v Governors of Peabody Trust;
• Release of guarantees by variation - Bank of Scotland plc v Makris;
• Insolvency; court guidance on pre-pack administrations - In the matter of Kayley Vending Ltd.

Legislative developments in relation to:
Leasehold enfranchisement – RTE companies
Land Registry – consultation on rule changes
Companies Act 2006 – regulations for LLPs
Insolvency – electronic publication of notices

Practical comment on:
SDLT lease duty and the implications of holding over and lease renewal
The Land Registry’s new policy of early completion – applicable from 3rd August 2009
Execution of deeds and documents following the Mercury Tax, and the publication of the City of London Law Society’s “virtual closing protocol”
Planning – guidance on making planning appeals

Published 1st June 2009.

The May 2009 issue of the CPI Update contains:

Case law commentary on:

• Enforcing an AGA after a disclaimer - Shaw v Doleman;
• Surrenders by operation of law - Artworld Financial Corporation v Safaryan;
• Easements; securing a right to connect to electricity - William Old International Ltd v Arya;
• Easements; varying the route; right to deviate - Heslop v Bishton ;
• Restrictive covenants – to maintain landscaping scheme - Country Estates Construction Ltd v Oxfordshire CC.

Legislative developments in relation to:
Property taxes – Budget 2009
Land Registry – a new Land Registry fee order
Planning – changes to section 237 TCPO 1990
Service charges – trusts of residential service charges
VAT - option to tax – changes to rules giving automatic permission to opt
Mortgage rescue schemes - Homeowner mortgage support

Practical comment on:
Insolvency – what are the landlord’s options following disclaimer?
Price increase clauses – RPI is now below zero
Land Registry’s new plans for early completion – dealing with form DS1 delays
Mortgage fraud – a new Law Society practice note
VAT – option to tax (change of Revenue address)

Published 30th April 2009.

The April 2009 issue of the CPI Update contains:

Case law commentary on:

• A notice to terminate a business sale agreement - Akzo Nobel UK Ltd v Arista Tubes Ltd;
• Rent review, and the terms of a hypothetical lease - Nissim v Ablethird Ltd;
• Service of a notice on a residential tenant - Akorita v 36 Gensing Road Ltd;
• Easements; parking rights - Waterman v Boyle;
• Is a contract a guarantee or an indemnity? - Associated British Ports v Ferryways NV;
• Sale of land; implying a term to fix the price - Anglo Continental Educational Group v Capital Homes;
• Adverse possession; acknowledgement of title - Ofulue v Bossert;
• Disability discrimination; reasonable adjustments - Shaw & Co Solicitors v Atkins.

Legislative developments in relation to:
Land Registration – First registration triggers;
Leases – Carbon Reduction Commitment;
Planning – GPDO changes;
Lands Tribunal – Transfer of functions;
Residential conveyancing – HIP changes, April 6;
Residential leasehold – Codes of practice and conduct;
Landlord and tenant – Sub-letting at below the head-lease rent;
Contaminated land – Environment Agency report;
Buying and selling land – How housebuilders operate.

Practical comment on:
Insolvency – Dealing with bankruptcy entries;
Conditional contracts – Discretion, or absolute discretion;
Land Registry – New practice on change of name.

Published 31st March 2009.

The March 2009 issue of the CPI Update is attached below. Click on the attachment to open up the file. The update contains:

Case law commentary on:

• The implications of non-disclosure in commercial property insurance - Ansari v New India Assurance Ltd;
• Has a landlord a right to enter to drill bore holes? Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd;
• Service charge disputes over promotion costs - Boots UK Ltd v Trafford Centre Ltd;
• Licence to assign – requiring a continuing guarantee - Landlord Protect Ltd v St Anselm Development Co Ltd;
• Rights to light and light obstruction notices - Salvage Wharf Ltd v G & S Brough Ltd;
• Disability discrimination, and the need to make reasonable adjustments - Allen v Royal Bank of Scotland Group plc ;
• Open contract rules on deducing title - Ezekiel v Kohali (CA);
• Adverse possession to highway land - R (on the application of Smith) v Land Registry.

Legislative developments in relation to:
Land Registration; first registration triggers applicable from April 2009
Apportioning for goodwill in relation to SDLT
Mortgage rescue schemes and the sale and leaseback sector
Gas Safety – CORGI to be replaced by the Gas Safety Register
New environmental regulations

Practical comment on:
Deferring consideration on the sale of land
Headline rent clauses
The 2008 update to the City of London certificate of title
Professional practice – VAT on disbursements
Mortgage repossessions – Mortgage rescue scheme
Lasting powers of attorney – Guidance on drafting

Published 1st March 2009.

The February 2009 issue of the Commercial Property Information Update contains:

Case law commentary on:

• Landlord and tenant; seeking licence to sub-let - Lombard North Central plc v Remax Herbarne Ltd;
• Virtual assignments of leases - Clarence House Ltd v National Westminster Bank plc;
• The validity of a break notice - Orchard (Developments) Holdings plc v Reuters Ltd;
• A slightly alarming case on solicitors’ undertakings - Angel Solicitors v Jenkins O’Dowd & Barth;
• Town and village green applications - R (on the application of Lewis) v Redcar and Cleveland BC;
• The extent of a landlord’s right of entry - Possfund Custodian Trustee Ltd v Kwik Fit Properties Ltd;
• The unconventional practice of affixing pre-signed execution pages to a document - R (on the application of Mercury Tax Group Limited) v HMRC;
• Using extrinsic evidence to resolve boundary disputes - Piper v Wakeford.

Legislative developments in relation to:
Insolvency – pre-pack administrations
Home Information Packs – HIP (Amendment) Regs. 2009

Practical comment on:
Priority of mortgages – further advances
Security for performance - guarantees and indemnities
Rent deposit deeds – money held on trust
Rent deposit deeds – City of London deed
Professional conduct – Undertakings in a banking crisis
Land Registry – the end of the transitional period for forms
Mortgages - Mortgage repossession practice note
Quarterly rents – Changing the frequency of rental payments: BRC standard letter

Published 31st January 2009.