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 133 - April 2015

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

  • Kandola v Mirza Solicitors LLP - must a conveyancer check on the solvency of a seller?
  • R (on the application of Hourhope Ltd) v Shropshire Council - how to apply the in-use buildings off-set for Community Infrastructure Levy;
  • Birdlip Ltd v Hunter & Anor

...and more besides...

CPI Update 132 - March 2015

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

  • Barclays Bank Plc v Grant Thornton UK LLP – how disclaimers negate duties of care in relation to negligent misstatements;
  • Oxfordshire County Council v DCLG – disallowed monitoring fees under section 106 agreements;
  • HMRC v Royal College of Paediatrics and Child Health – a sale subject to an agreement for lease was not a TOGC.

...and many more.

CPI Update 131 - February 2015

For subscribers, the February 2015 issue of the CPI Update appears attached below, and deals with the following cases:

  • Ramsay v Love – whether use of a signature writing machine can create a valid guarantee;
  • Zinc Cobham 1 Ltd v Adda Hotels – a valid form of repeat guarantee under the 1995 Act;

...and many more...