Recent news

E-signatures for land contracts: a premature step?

A joint working party of The Law Society Company Law Committee and the City of London Law Society Company Law and Financial Law Committees has published a note, based on the opinion of leading counsel (Mark Hapgood QC) on the effects of executing a document using an electronic signature.

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.

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 149 - September 2016

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

  • What is ‘vacant possession’ in the context of a break clause? Riverside Park Ltd v NHS Property Services Limited;
  • Rights to light: injunction or damages? Ottercroft Ltd v Scandia Care Ltd;
  • Surrender of a lease without consent of a lender - Co-operative Bank Plc v Hayes Freehold Ltd (In Liquidation);

​...and many more...

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.