CPI Updates

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.

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.

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.

What is the usefulness to a buyer of the type of Professional Consultant's Certificate in new-build conveyancing referred to in the CML Handbook?

How willing are the courts to order an interim injunction to restrain a possible breach of a restrictive covenant? This was a point considered in Hicks v 89 Holland Park (Management) Ltd (2014) Ch D (18 July 2014).

The case of Youssefi v Mussellwhite [2014] EWCA Civ 885 appears to be little more than an opposed business lease renewal dispute involving various fault grounds under section 30(1) of the Landlord and Tenant Act 1954. However, there are one or two other interesting features to the case - most notably the interpretation of the lease user covenant.

The case of Schroder Exempt Property Unit Trust v Birmingham City Council [2014] EWHC 2207 (Admin) examines the liability of a freehold reversioner (i.e. owner of the hereditament) for payment of business rates after disclaimer of a lease of the property.

How clearly do you bring to the attention of your client your standard terms of business, a term of which seeks to limit your firm’s liability in negligence liability to a liability cap (e.g. £3m)? See Michael Hirtenstein v Hill Dickinson LLP [2014] EWHC 2711 (Comm).

CLP Holding Company Ltd v Singh & Kaur [2014] EWCA Civ 1103 shows the dangers in using a standard pre-printed form of contract and relying upon standard conditions of sale to prevail over the other conditions of the contract - in this case, as regards the VAT status of the transaction.

Despite the forward looking language of Schedule 4 of the Land Registration Act 2002, a recent Court of Appeal decision shows us that there is some degree of “retrospective” effect to a rectification of the register under the Land Registration Act 2002 in the way that the Act changes “for the future” the priority of interests affecting a title.

Friends Life Management Services Ltd v A & A Express Building Ltd [2014] EWHC 1463 (Ch) is a complicated service charge accounting dispute, but it should serve as a warning to landlords and tenants of the need to consider how service charge accounting should apply when a lease comes to an end in the middle of a service charge accounting year.

The City of London Law Society (Land Law Committee) has published on its website a new set of insurance provisions for a rack rent lease of commercial property.

Post-October 2013, practitioners are still obtaining chancel repair screening reports, are still consider the need to obtain chancel repair insurance policies, and, when acting for mortgagees, are still requiring borrowers’ solicitors to do the same.

The Supreme Court decision in case of Coventry v Lawrence [2014] UKSC 13 is likely to have ramifications in property disputes beyond the immediate subject matter of the case.

The City of London Law Society (Land Law Committee) has published on its website a new set of insurance provisions for a rack rent lease of commercial property.