Recent news

An assignment from a tenant to its guarantor is void. Really?

Lord Neuberger once famously confessed, as Master of the Rolls in Day & Anor v Hosebay Ltd [2010] EWCA Civ 748 (a decision on leasehold enfranchisement), that he had “started, in Boss Holdings [2008] 1 WLR 289, paragraph 26, what I now think is a hare by suggesting an over-literalist approach to the language used by the legislature”. He wished to depart from his over-literalist approach and so the hare was recaptured.

Company ownership

The Department for Business, Innovation & Skills has published the outcome of its consultation on the implementation of rules relating to the register of company ownership and control. In March 2015 the Small Business, Enterprise and Employment Act 2015 received Royal Assent. It inserts a new Part 21A into the Companies Act 2006.

Recent CPI Updates

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.

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?

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 148 - August 2016

The August 2016 issue of the CPI Update deals with the following cases:

  • Entering into land promotion agreements - Gladman Developments Limited v Sutton;
  • Enforcing covenants through building schemes - Birdlip Ltd v Hunter;

...and much more...

CPI Update 147 - July 2016

The July 2016 issue of the CPI Update cover the following cases:

  • Service of a landlord’s break notice by a partnership - Vanquish Properties (UK) Ltd Partnership v Brook Street (UK) Ltd;
  • Oral variations in the face of an anti-oral variation clause - MWB Business Exchange Centres Ltd v Rock Advertising;

...and many more.

CPI Update 146 - June 2016

The June 2016 issue of the CPI Update deals with the following cases:

  • Is a contract valid if only one joint buyer signs? Marlbray Ltd v Laditi;
  • Avoiding prescriptive easements through signage - Winterburn v Bennett;
  • Establishing easements under lost modern grant - Welford v Graham;

...and many more