Recent news

1954 Act amended in England and Wales

The Small Business, Enterprise and Employment Act 2015 (Commencement No. 2 and Transitional Provisions) Regulations 2015 (SI 2015/1689) has brought into force on 1 October 2015 sections 35 and 36 of The Small Business, Enterprise and Employment Act 2015. Sections 35 and 36 amend the Landlord and Tenant Act 1954, Part II

Is your easement legal?

The Land Registry has made a minor change to its practice on registering easements (Land Registry Practice Guide 62) which has a bearing on discovering whether or not an easement has full legal effect.

Policy change on section 106 affordable housing requirements

The Government has withdrawn a policy change in relation to section 106 affordable housing restrictions on small sites. Last November, the Government announced a number of changes to national planning policy in relation to section 106 planning obligations in an attempt to remove what was considered to be a disproportionate burden imposed on small scale developers and self-build developments.

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 142 - February 2016

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

  • Misrepresentation in relation to service charge handover provisions - Greenridge Luton One Ltd v Kempton Investments Ltd;
  • Specific performance of obligations in a lease - Airport Industrial GP Ltd v Heathrow Airport Ltd & AP16 Ltd;
  • Landlords’ leaseback proposals on enfranchisement - Tibber v Buckley;

...and many more.

CPI Update 141 - January 2016

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

  • The Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities;
  • Whether legal fees are recoverable through a service charge - Geyfords Ltd v O'Sullivan;
  • How subrogation rights might save defective security - Bank of Cyprus plc v Menelaou;

...and many more.

CPI Update 140 - December 2015

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

  • The duty to report a price paid when acting for mortgagees - Goldsmith Williams Solicitors v E.Surv Ltd.
  • Execution of deeds under section 44 CA 2006 - In the matter of Armstrong Brands Ltd (in administration).
  • The need for default notices when settling liability as a former tenant - Lee v Sommer.

...and many more