Recent news

Liability for business rates following a lease disclaimer

Who is liable for business rates after a lease has been disclaimed? Despite a valiant attempt by the landlord in Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) to persuade the court to the contrary view, the effect of a disclaimer of a lease by a liquidator is to end the lease, so that the landlord’s reversion is accelerated, the landlord becomes the person entitled to immediate possession, and is therefore the person liable for business rates.

The new Land Registry practice on original and certified copy documents

From 30 June 2014, the Land Registry has stopped requiring  original documents to be sent to it when applying by post to change the register of a registered property. The Land Registry only requires certified copies of deeds or documents to be sent in with Land Registry application forms. The Land Registry's prescribed forms have been altered so that margin notes now make this change of practice clear:

June CPI Update published

The June 2014 issue of the CPI Update is published today, dealing with cases including Marks And Spencer Plc v BNP Paribas Securities Services, Friends Life Management Services v A&A Express Building Ltd, Best v The Chief Land Registrar and many more.

Recent CPI Updates

How much service charge does a tenant pay in the year of a break?

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.

Insurance clauses for rack rent leases.

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.

Is CRL insurance still required?

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.

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 125 - July 2014

For subscribers, the July 2014 issue of the CPI Update appears attached below, and deals with the following cases:

  • Mount Eden Land Ltd v Bolsover Investments Ltd - the reasonableness of a landlord’s refusal of a consent to alter;
  • Century Projects Limited v Almacantar (Centre Point) Limited - whether scaffolding erected for building repairs breaches the covenant for quiet enjoyment;

...and many more...

CPI Update 124 - June 2014

For subscribers, the June 2014 issue of the CPI Update appears attached below, and deals with the following cases:

  • Marks And Spencer Plc v BNP Paribas Securities Services – are rent repayment terms to be implied into a break clause?
  • Friends Life Management Services v A&A Express Building Ltd – what is a tenant’s service charge liability in the year of a break?
  • Barkas, R (on the application of) v North Yorkshire CC – council recreation grounds: “as of right” user, or use “by right”?

...and many more...

CPI Update 123 - May 2014

For subscribers, the May 2014 issue of the CPI Update is attached below, and deals with the following cases:

  • Friends Life Ltd v Siemens Hearing Instruments Ltd – the need to comply strictly with the terms of a break option clause;
  • R (applic. of Fox Strategic Land & Property Ltd) v Chorley BC – a developer’s challenge to a CIL charging schedule;

...and much more...