CPI Update 123 - May 2014

Assignments to guarantors

Would an assignment to a company which is currently giving a primary guarantee of tenant obligations fall foul of Good Harvest/House of Fraser case law?

Is CRL insurance still required?

CPI Update 122 - April 2014

Capital allowances - Law Society Practice Note

The Law Society has published on its website a practice note: “Capital allowances: new pooling requirements”. It advises that “Commercial property lawyers and tax specialists dealing with the sale or purchase of property containing plant and machinery should read this practice note.”

Break right problems continue to dog tenants

To the displeasure of the tenant, in Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] EWCA Civ 603, the Court of Appeal has overturned the High Court’s decision and has obliged the tenant to repay to the landlord a rent refund (which had initially been ordered to be refunded to the tenant) representing rent paid in advance for the period between the break date of the lease and the end of the quarter in which the break occurred.

Criminal trespassing does not preclude adverse possession

Contrary to the Land Registry’s originally expressed opinion, it seems that the criminal offence of squatting in a residential building (under section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) does not preclude the offending period of occupation being taken into account in an adverse possession claim.

CPI Update 121 - March 2014