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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 212 - January 2022
The January 2022 issue of the CPI Update deals with the following cases:
• Good faith and reasonable endeavours obligations - Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd.
• Renewing agreements under the electronic communications code - On Tower UK Ltd v JH & FW Green Ltd.
• Annexation of pre-1926 restrictive covenants - Bath Rugby Ltd v Greenwood.
...and many more...
CPI Update 211 - December 2021
The December 2021 issue of the CPI Update deals with the following cases:
- Whether time is of the essence for an interim service charge demand - Kensquare Limited v Boakye.
- A further case on COVID-19 rent arrears - Atmore Centres Ltd v TFS Stores Ltd.
- Homeworking and material changes of use - Sage v Secretary of State for Housing, Local Government and Communities.
...and many more matters...
CPI Update 210 - November 2021
The November 2021 issue of the CPI Update deals with the following cases:
• Landlords’ intentions under the 1954 Act - Macey v Pizza Express (Restaurants) Ltd.
• Implied repairing obligations - Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd.
• Professional negligence and upwards development - Prime London Residential Development Jersey Master Holding Ltd v Withers LLP.
...and many more