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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 219 - August 2022

The August 2022 issue of the CPI Update deals with the following cases:
• Analysing solicitors’ duties of care - Spire Property Development LLP & Anor v Withers LLP.
• Applying adverse possession transitional rules - Calverley Village Day Nursery Ltd v Lynch & Anor.
• Legal costs as service charge items - Dell v 89 Holland Park Management Ltd.
...and much more...

CPI Update 218 - July 2022

The July 2022 issue of the CPI Update appears attached below, and deals with the following cases:
• Whether an agreement for lease is made in heads of terms - Pretoria Energy Co. (Chittering) Ltd v Blankney Estates Ltd.
• Breaching a landlord’s quiet enjoyment covenant - Brem v Murray.
• Occupiers under the Electronic Communications Code – Cornerstone v Compton Beauchamp Estates Ltd.
...and much more...

CPI Update 217 - June 2022

The June 2022 issue of the CPI Update deals with the following cases:
• Statutory or common law illegality applied to easements - Energizer Supermarket Ltd v Holiday Snacks Ltd.
• Gearing rents to surrendered lease - Rail for London Limited v Hackney LBC.
• What is a tenant’s last known place of abode - Obi-Ezekpazu v Avon Ground Rents Ltd.
...and much more...