Recent news

Summer 2014 property law case reviews

CPI subscribers can read case reviews in relation to the following recent important property cases, all of which will be fully covered in the next monthly issue of the CPI Update:

Hicks v 89 Holland Park (Management) Ltd (2014) Ch D (18 July 2014);

Youssefi v Mussellwhite [2014] EWCA Civ 885 (2 July 2014);

Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) (10 July 2014);

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:

Recent CPI Updates

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).

Is your lease user covenant restrictive or positive?

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.

Who is liable for business rates after a lease is disclaimed?

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.

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 126 - September 2014

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

  • CLP Holding Company Ltd v Singh & Kaur – is a property sale made on a VAT-exclusive basis?
  • Youssefi v Mussellwhite – 1954 Act renewals and the question of whether a lease covenant is restrictive or positive.
  • Gold Harp Properties Ltd v Macleod – can rectification operate with retrospective effect?

...and much more...

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...