Recent news

Waiver of forfeiture by using CRAR

In Brar & Brar v Thirunavukkrasu [2019] EWCA Civ 2032, the Court of Appeal has confirmed that the exercise of the Commercial Rent Arrears Recovery (CRAR) procedure will operate to waive a subsisting right to forfeit a lease.

SRA Standards and Regulations: contract races

The Solicitors Regulation Authority introduced new Standards and Regulations on 25 November 2019 to replace the SRA Code of Conduct 2011. The Code of Conduct had itself replaced an earlier 2007 edition and, before that, the old Solicitors Practice Rules 1990.

Baker v Craggs: fundamental land law under the microscope

We do not get too many cases in which section 1 of the Law of Property Act 1925 is at the heart of the decision. In Baker & Anor v Craggs [2018] EWCA Civ 1126, the Court of Appeal has overturned the 2016 High Court decision (see CPI Update Issue 153 – January 2017).

Recent CPI Updates

For how long will AGA liability run?

The Landlord and Tenant (Covenants) Act 1995 had, as its primary aim, the abrogation of the unjust rules of privity of contract in landlord and tenant law whereby a landlord could pursue a tenant for unpaid rent long after the tenant had assigned its lease.

Apportioning rent: Marks and Spencer plc v BNP Paribas

One of the features of the recent Supreme Court judgment in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 was the unequivocal approval of the Court of Appeal decision in Ellis v Rowbotham [1900] 1 QB 740 on the liability of a tenant to pay, in full, rent reserved quarterly in advance.

Why landlords should really think about securing a release

The recent case of Reeves & Downing v Sandhu (2015) Ch D 13/01/2015 demonstrates why it really is a good idea for a landlord to seek a release from further liability to its tenant where the reversion is transferred.

Recent Q&A

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989?

What is meant by the phrase “public auction” in the exceptions to section 2 LP(MP)A 1989? Is an online property auction a public auction?

Notice to Quit under s27(2) L&T Act 1954

1. Can a tenant serve Notice to Quit by e-mail when holding over on a commercial lease?
2. Do the Lease provisions or statutory provisions on Notices govern service in such cases?

Does an easement include a right to make a roadway?

Is it a rule of law that, where land has the benefit of a right of way, the dominant owner enjoys implied right to construct a useable road over the servient land?

Recent CPI Archives

CPI Update 196 - September 2020

The September 2020 issue of the CPI Update deals with the following cases:

  • Whether restrictive covenants in leases operate in restraint of trade - Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd.
  • 1954 Act renewal of an electronic communications agreement - Vodafone Limited v Hanover Capital Limited.
  • What is the extent of demised registered property - R (on the application of HCP (Hendon) Ltd) v Chief Land Registrar.
  • Interpreting rent review clauses - Eric Wright Group Ltd v Council of the City of Manchester.

CPI Update 195 - August 2020

The August 2020 issue of the CPI Update deals with the following cases:

  • Analysing exceptions and reservations of mines and minerals - ARC Aggregates Ltd v Branston Properties Ltd.
  • Precision notices for a tenant’s right to break? GKN Aerospace Services Ltd v Duncan Investments Ltd.
  • Circumventing a Form A restriction - N3 Living Ltd v Burgess Property Investments Ltd.

...and many more...

CPI Update 194 - July 2020

The July 2020 issue of the CPI Update deals with the following cases:

  • Errors in index-linked clauses - Monsolar IQ Ltd v Woden Park Ltd.
  • Protecting sub-sale contracts - Ezair v Conn & Ors.
  • VAT on options to purchase - Landlinx Estates Ltd v Revenue & Customs Commissioners.

...and many more...