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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 216 - May 2022
The May 2022 issue of the CPI Update deals with the following cases:
- Disregarding improvements at rent review - Cadogan Holdings Ltd v Alberti.
- Rateable occupation for business rates - Queen Street Properties Ltd v Cardiff City and County Council.
- Deposits under contract for sale - Re Sky Apartments 2018 Limited.
And more...
CPI Update 215 - April 2022
The April 2022 issue of the CPI Update deals with the following cases:
• Removing a restriction on dispositions - Quay House Admirals Way Land Ltd v Rockwell Properties Ltd.
• Termination clause or right of forfeiture? - Croydon London Borough Council v Kalonga.
• Using adverse possession transitional rules - Milton Keynes Council v Wilsher.
...and many more...
CPI Update 214 - March 2022
The March 2022 issue of the CPI Update deals with the following cases:
• The seller’s contractual duty of disclosure - SPS Groundworks & Building Ltd v Mahil.
• Whether leases prevent upwards development - Vectis Property Company Ltd v Cambrai Court Management Company Ltd.
• Unreasonable refusal of a consent to assign - Gabb v Farrokhzad.
...and many more...