2010

The February 2012 issue of the CPI Update contains:

Case law commentary on:

• Conditional break rights: unpaid default interest - Avocet Industrial Estates LLP v Merol Ltd;
• A sale and leaseback transaction analysing priority of interests - Cook v The Mortgage Business Plc;
• Excessive use of an easement - Maioriello v Ashdale Land and Property Company Ltd;
• Mortgage redemption and breach of trust - AIB Group (UK) Plc v Mark Redler & Co (A Firm);
• SDLT substantial performance - Lancer Scott Limited v HMRC;
• Easements suffering interference by Crossrail - CIP Property (AIPT) Ltd v Transport for London.

Legislative developments in relation to:
The Charities Act 2011 (in brief only).
Climate change – CRC: draft regulations for first allowance sales.
New national standards for debt enforcement officers.
Further consultation on the adoption of new drains and sewers.
Community Infrastructure Levy - outsourcing regulations.
Localism Act 2011 - Commencement Order No. 2.

Practical comment on:
Enforceability of management company covenants.
A reminder that this year is a Leap Year.
The need to avoid re-grants on relief from forfeiture.
SDLT – first time buyers’ relief.

Published 31st January 2012.

The January 2012 issue of the CPI Update contains:

Case law commentary on:

• Another loss for developers on the village green - Leeds Group plc v Leeds City Council;
• What are the contractual implications of a non-payment of a deposit - Samarenko v Dawn Hill House Ltd;
• The need for signed writing on the sale of land - Francis v F. Berndes Ltd;
• Boundaries disputes - Drake v Fripp; Brown v Pretot;
• Adverse possession, and the animus possidendi – Chambers v London Borough of Havering;
• The effects of a vesting order following disclaimer - Fenland District Council v Sheppard;
• Professional negligence in a free half hour interview? Padden v Bevan Ashford Solicitors;
• An ECJ case on VAT and TOGCs - Finanzamt Ludenscheid v Christel Schriever;
• Compliance with covenants - a Taylor Wimpey demolition story.

Legislative developments in relation to:
VAT zero-rating of 'extra care accommodation';
A DCLG consultation on extending the right to buy;
Part M of the Building Regulations and the Equality Act 2010.

Practical comment on:
Compensation for improvements under Part I LTA 1927;
A new Law Society Practice Note on lender requests for conveyancing files;
A new Law Society Practice Note on lasting powers of attorney;
An SRA update on sale and rent back agreements;
A Charity Commission update on business rates relief (or the avoidance of rates through meanwhile use leases);
A City of London Law Society draft opinion letter for use in corporate matters;

Published 2nd January 2012.

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 consultation;
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.

The November 2011 issue of the CPI Update contains:

Case law commentary on:

• Appealing a rent review arbitration on a point of law - House of Fraser Ltd v Scottish Widows Plc;
• Deeds and documents and what amounts to delivery of a deed - Bibby Financial Services Ltd v Magson & others;
• Restrictive covenants and private dwelling-house use - Parsons v Thatchers Wood Residents Company Ltd;
• The extent of a right of way - Alford v Hannaford;
• Landlord and tenant; construing notices which contradict a stated intention - Saxon Weald Homes Ltd v Chadwick;
• Trespass, nuisance and harassment in a dispute between neighbours - Jones v Ruth;
• What does “adjoining” mean? - Hertsmere Borough Council v Lovat;
• A lease rendered void by breach of public law duties to council tax payers - Charles Terence Estates Ltd v Cornwall Council.

Legislative developments in relation to:
The formal adoption of the PLA dilapidations protocol;
Climate change, and amendments to the rules on providing EPCs;
Climate change, and the consultation on the feed-in tariff scheme;
CIL: a consultation on new draft regulations;
Consultation on neighbourhood planning regulations;
Commons Act – commencement order.

Practical comment on:
OFR, and the Code of Conduct: can a solicitor act for both lender and borrower?
Company searches: are they best practice in registered conveyancing?
Execution of deeds: what completion arrangements need to be made?
Powers of attorney: revised forms and guidance.

Published 31st October 2011.

The October 2011 issue of the CPI Update contains:

Case law commentary on:

• Does undocumented possession of property give rise to a tenancy – Mann Aviation Group (in Adm) v Longmint Aviation Ltd;
• An unregistered legal charge nevertheless includes a power of sale – Swift 1st Ltd v Colin;
• Is service charge reasonably incurred? – Garside v RFYC LTD;
• What is an alteration or addition? - W. Redmile & Sons Ltd v Butts and Shillingford.

Legislative developments in relation to:
Professional conduct: outcomes-focused regulation from 6 October;
Climate change – delayed introduction of changes to EPCs;
Adoption of drains and sewers – a reminder about the October 1 vesting;
Drainage – exemption certificates for domestic sewage discharges;
Companies Act 2006 – changes to registration of charges for overseas companies;
Planning - GPDO amendments;
Sale of land - OFT consultation on consumer protection;
Environmental – possible review of guidance on contaminated land.

Practical comment on:
Making use of rules of interpretation in the drafting and interpretation of documents;
Abolition of overriding interests in 2013;
Searches and enquiries - HS2 Link (a correction);
The Land Registry’s new practice guide on searching the index of proprietors’ names;
Service charges – the RICS Code of Practice applies from October 1;
Residential conveyancing – a new disclosure of incentives form applies from October 1;
Powers of attorney registration fees.

Published 1st October 2011.

The September 2011 issue of the CPI Update contains:

Case law commentary on:

• Can tenants’ guarantors provide direct guarantees of assignees, or guarantees of AGAs? - K/S Victoria Street v House of Fraser (Stores Management);
• Land Registry priorities where a cancelled application is re-instated - Chief Land Registrar v Franks;
• Land Registry withdrawing from adjudication proceedings - Chief Land Registrar v Silkstone;
• Misrepresentation – is Standard Condition 7.1 unreasonable? - Cleaver v Schyde Investments Ltd;
• When is a landlord’s consent to under-let given? - BT Ltd v Rail Safety and Standards Board Limited;
• Annexation of the benefits of restrictive covenants - Rees v Peters;
• Disregarding improvements at rent review - Cordoba Holdings Ltd v Ballymore Properties Ltd;
• Fixtures and chattels - Mew v Tristmire Ltd;
• Proprietary estoppel lives on despite section 2? Whittaker v Kinnear.

Legislative developments in relation to:
Drainage – guidance on the new regulations on adoption of lateral drains and private sewers, and details of appeals procedures.
Consultation on restrictive covenants and competition in the pub industry.
Consultation on the registration of town and village greens.
Consultation on squatters’ rights.
Changes proposed for the carbon reduction commitment.
Preliminary consultation on planning changes of use.
Regional Development Agencies – transfer of assets.

Practical comment on:
The K/S Victoria Street v House of Fraser (Stores Management) in detail.
The use of best endeavours obligations in contracts.
Disclosure of incentives in residential development conveyancing.
Land Registry e-conveyancing (or not).
Property insurance and riot damage.
Land Registry guidance on land banking schemes.

Published 31st August 2011.

The July/August 2011 issue of the CPI Update contains:

Case law commentary on:

• What is vacant possession in the context of a break right? NYK Logistics (UK) Ltd v Ibrend Estates BV;
• Setting aside preferences; contracts by email? Green (Liquidator of Stealth Construction Ltd) v Ireland;
• Specific performance of an allegedly unclear contract - Bashir v Ali;
• What beneficial interest is created by an options agreement? UBS Global Asset Management (UK) Ltd v Crown Estate;
• Proprietary estoppel lives on despite section 2? Whittaker v Kinnear.

Legislative developments in relation to:
Drainage – the new regulations on adoption of lateral drains and private sewers.
SDLT – how the new relief on bulk purchases of dwellings works.
Climate change - Changes to CRC; changes to EPC requirements; zero carbon homes: Impact assessment.
Land Registry – a new definition of a “conveyancer”.
Bribery - The Law Society’s Bribery Act 2010 practice note.
Planning - Change of use “call for evidence”.
Residential leaseholds - Consultation on Leasehold Valuation Limits.
Easements and covenants – a Law Commission Report.

Practical comment on:
Repair standards under leases.
Section 23(1) of the Landlord and Tenant (Covenants) Act 1995.
Searches and enquiries in relation to the proposed new high speed rail link.

Published 30th June 2011.

The June 2011 issue of the CPI Update contains:

Case law commentary on:

• Exercising a right to terminate a conditional sale of land - BDW Trading Ltd v JM Rowe (Investments) Ltd;
• A rejected application for modification of covenants under section 84 LPA 1925 - Re George Wimpey Bristol Ltd & Glos. Housing Association Ltd;
• What is included in the “structure” of demised premises? - Grand v Gill;
• When is a notice in a prescribed form? - Kahlon v Isherwood;
• Certainty of terms on the sale of land - Phoenix Property Investors Ltd v Grange Securities Ltd;
• Alterations and additions to demised premises - Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion;
• New residential tenancy cases on the tenancy deposit scheme - Gladehurst Properties Ltd v Hashemi; Potts v Densley.

Legislative developments in relation to:
Insolvency - consultation on a restructuring moratorium.
SDLT - relief for multiple purchase of dwellings.
SDLT - changes to returns.
SDLT - proposed abolition of DAR.
Community Infrastructure Levy - overview document.
Community Infrastructure Levy - relief from CIL.
Residential landlord and tenant - change to ground rent notice.
Housing - empty homes.

Practical comment on:
1954 Act – competent landlords.
Land Registry - home-owner monitoring service.
Service charges - City of London specimen clauses.

Published 31st May 2011.

The May 2011 issue of the CPI Update contains:

Case law commentary on:

• Deductible development costs in an options agreement - Woodford Land Ltd v Persimmon Homes Ltd;
• Execution by companies under section 44 Companies Act 2006 - Williams v Redcard Ltd;
• Undertakings to hold funds - Tradegro (UK) Ltd v Wigmore Street Investments Ltd;
• Transferring registered land after a bankruptcy - Pick v Chief Land Registrar;
• Land Registration Act 2002 adverse possession rules - Hopkins v Beacon;
• Certificate of lawfulness of use - Welwyn Hatfield BC v Sec. State Communities and Local Gov.;
• Duties under the Defective Premises Act 1972 for new dwellings - Jenson v Faux.

Legislative developments and practical comment on:
Town and Country Planning – consultation on change of use from commercial to residential;
Town and Country Planning – changed rules on demolition;
Investment sales and how arrears are treated at law and under the SCPCs;
Avoiding equitable easements;
Can a deed of rectification effect a surrender and re-grant?
City of London Law Society model service charge clauses;
RICS practice note on service charge handover.

Published 1st May 2011.

The April 2011 issue of the CPI Update contains:

Case law commentary on:

• SDLT sub-sale treatment and partnership transactions - DV3 RS Limited Partnership v HMRC;
• Termination provisions in an agreement for lease – Extra MSA Services Cobham Ltd v Accor UK;
• Quashing planning consent despite the terms of a section 106 agreement - Plunkett, R (on the application of) v Sefton Metropolitan DC;
• Conditions for zero-rating of the supply of new dwellings - Abbeytrust Homes Ltd v HMRC;
• Landlord and tenant; effect of a deed of variation - Perriam Limited v Wayne and Daly.

Legislative developments in relation to:
Property Tax - SDLT changes announced in the March 2011 Budget;
Competition Act – publication of the OFT Final Guideline on Land Agreements;
Private Drains - Adoption of Sewers and Lateral Drains;
Community Infrastructure Levy - Amendment Regulations;
Carbon Reduction Commitment - Amendment Regulations;
Localism - Pre-application consultation with communities: a basic guide;
SDLT – the new 5% rate;
Waterways - Proposals to transfer out of state ownership.

Practical comment on:
The new Standard Conditions of Sale 5th Edition;
The new Law Society’s Code for Completion by Post;
Sub-leases – the effect on a sub-tenant of head-lease determination;
Alterations and improvements - Part I LTA 1927;
Land Registry - errors in Official Searches;
CPSEs - changes made in relation to CRC;
Land Registry - Head Office moves;
SDLT - new return forms.

Published 1st April 2011.