Recent news

SDLT - the devolved tax

As from 1 April 2015, the commencement of the Land and Buildings Transaction Tax (Scotland) Act 2013 means that Scottish land transactions are no longer within the scope of Stamp Duty Land Tax and will instead be subject to a new land an buildings transaction tax (LBTT). SDLT will, in due course, become a fully devolved tax since Wales is eventually heading in the same direction.

No movement on chancel repair liability

A private members’ bill was been introduced into parliament last year – The Chancel Repairs Bill 2014 (HL Bill No.38) to attempt an abolition of chancel repair liability. Introduced into the House of Lords, its first reading took place on 16 July. It is described as a Bill to make provision for ending the liability of lay rectors for the repair of chancels. It applies only to England only. Its provisions are brief.

A contracting purchaser has no capacity to create a proprietary right.

The Supreme Court judgment in Scott v Southern Pacific Mortgages Ltd & Ors [2014] UKSC 52 relates to a residential property sale and lease back (equity release) scheme that went badly wrong for the owners of various properties in the North East. The finding of the Supreme Court confirms how badly wrong the scheme went. However, the reasoning given by the Court raises issues for transactions beyond those in this case.

Recent CPI Updates

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.

Reliance upon a Professional Consultant's Certificate in new-builds

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?

Restraining possible breaches of covenant by injunction

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).

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 136 - July/August 2015

The July/August 2015 issue of the CPI Update deals with the following cases:

  • Fryatt v Preston Mellor Harrison (a firm) – the liability of a firm to explain the differences between an option to buy land and an option to buy shares;
  • Orientfield Holdings Ltd v Bird & Bird LLP – the liability of a firm to explain the results of a Plansearch report;
  • Arnold v Britton – interpreting prejudicial service charge provisions

...and many more.

CPI Update 135 - June 2015

The June 2015 issue of the CPI Update deals with the following cases:

  • TBAC Investments Ltd v Valmar Works Ltd – how the court deals with a defective notice to complete;
  • Wood v Waddington – express and implied “continuous” easements, and how change and intensification of use affects an easement;

...and many more.

CPI Update 134 - May 2015

The May 2015 issue of the CPI Update deals with the following cases:

  • Wilson & 375 Live Ltd (in liquidation) v SMC Properties Ltd – in what circumstances will the court validate a transfer by an insolvent seller under section 127 Insolvency Act 1986?
  • Ali v Secretary of State for Environment, Food & Rural Affairs – does locking a gate once a year demonstrate an intention not to dedicate a footpath as a highway?
  • Merie Bin Mahfouz Co. (UK) Ltd v Barrie House (Freehold) Ltd – on enfranchisement, is a landlord entitled to leases back of parts to be made into apartments and offices?

....and more.