Recent news
Waiver of forfeiture by using CRAR
In Brar & Brar v Thirunavukkrasu [2019] EWCA Civ 2032, the Court of Appeal has confirmed that the exercise of the Commercial Rent Arrears Recovery (CRAR) procedure will operate to waive a subsisting right to forfeit a lease.
SRA Standards and Regulations: contract races
The Solicitors Regulation Authority introduced new Standards and Regulations on 25 November 2019 to replace the SRA Code of Conduct 2011. The Code of Conduct had itself replaced an earlier 2007 edition and, before that, the old Solicitors Practice Rules 1990.
Baker v Craggs: fundamental land law under the microscope
We do not get too many cases in which section 1 of the Law of Property Act 1925 is at the heart of the decision. In Baker & Anor v Craggs [2018] EWCA Civ 1126, the Court of Appeal has overturned the 2016 High Court decision (see CPI Update Issue 153 – January 2017).
Recent CPI Updates
For how long will AGA liability run?
The Landlord and Tenant (Covenants) Act 1995 had, as its primary aim, the abrogation of the unjust rules of privity of contract in landlord and tenant law whereby a landlord could pursue a tenant for unpaid rent long after the tenant had assigned its lease.
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.
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 205 - June 2021
The June 2021 issue of the CPI Update deals with the following cases:
- Validity of a 1954 Act contracting-out statutory declaration - TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors.
- Overreaching equitable ownership - Knight v Fernley.
- Insolvency affecting landlord (CVAs, schemes and restructuring) - Lazari Properties 2 Ltd v New Look Retailers Ltd, Carraway Guildford (Nominee A) Ltd v Regis UK Ltd, and Re Virgin Active Holdings Ltd.
...and many more...
CPI Update 204 - May 2021
The May 2021 issue of the CPI Update deals with the following cases:
- A landlord’s break clause in a long lease - Wigan BC v Scullindale Global Ltd.
- Recent case law on recovery of COVID-19 rent arrears - Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd/Bank of New York Mellon (International) Ltd v Cine-UK Ltd.
- Terminating an agreement for lease - Reaction Engines Ltd v BNP Paribas Depositary Services (Jersey).
...and many more...
CPI Update 203 - April 2021
The April 2021 issue of the CPI Update deals with the following cases:
- Notices to make an agreement for lease unconditional - Performance Retail (General Partner) Ltd v Wagamama Ltd.
- Diversion of public footpaths - The Open Spaces Society v Sec. State DEFRA.
- Interpreting garden or grounds for SDLT - Hyman & Ors v Revenue and Customs.
...and many more...