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:

CPI Update 125 - July 2014