Recent news
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).
When is a covenant not a covenant?
When is a covenant not a covenant? Perhaps when the judge decides it is an easement? In the recent case of Churston Golf Club v Haddock [2018] EWHC 347 (Ch), the court interpreted the language of a 1972 conveyance (which, for all the world, appeared to have imposed a covenant) and construed the drafting as having created an easement.
The pain of settlement: the EMI case and the 1995 Act
There was universal disappointment amongst those with an interest in commercial certainty and sensible development of the law when it was discovered that there was to be no appeal hearing in the case of EMI Group Ltd v O & H Q1 Ltd [2016] EWHC 529 (Ch). The parties have reached a settlement agreement.
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 175 - December 2018
The December 2018 issue of the CPI Update deals with the following cases:
- What losses are deductible from a rent deposit after forfeiture? - London Trocadero (2015) LLP v Shinners.
- No modification of covenants after a wilful breach – The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd.
- Does an entire agreement clause exclude misrepresentation? - Al-Hasawi v Nottingham Forest Football Club Ltd.
...and many more...
CPI Update 174 - November 2018
The November 2018 issue of the CPI Update deals with the following cases:
- Covenants against parting with possession - Reiner v Triplark Ltd.
- Ready, able and willing to serve a notice to complete - Cantt Pak Ltd v Pak Southern China Property Investment Ltd.
- VAT zero-rating and the ‘golden brick’ rule - Honeygarth Ltd v Revenue & Customs Commissioners.
...and many more...
CPI Update 173 - October 2018
The October 2018 issue of the CPI Update deals with the following cases:
- Examining the validity of a 1954 Act notice - Dukeminster Ltd v West End Investments (Cowell Group) Ltd;
- Upward/downward rent review on lease renewal - Dukeminster Ltd v West End Investments (Cowell Group) Ltd;
- Use of CRAR as a waiver of forfeiture - Thirunavukkrasu v Brar & Brar;
- Rectification of a lease for unilateral mistake - CDS (Superstores Int.) Ltd v Place Road Properties Ltd;
...and many more...