December 2008 Property Update

The December edition of the Commercial Property Information Update has been published on this website.

If you are a subscriber (and you are logged in) you can access the update by clicking on CPI Update – December 2008 and opening the attachment.

The December 2008 issue of the CPI Update contains:

Case law commentary on:

  • The implications of a tenant’s administration – Innovate Logistics Ltd v Sunberry Properties Ltd;
  • Midill (97PL) Ltd v Park Lane Estates Ltd – section 49(2) LPA 1925 and the return of deposits;
  • Chantry Estates (South East) Ltd v Anderson – extending an option period;
  • Alchemy Estates Ltd v Astor – acquisitions conditional on licence to assign;
  • Grosvenor Estates Ltd v Prospect Estates Ltd – leasehold enfranchisement: what is a house?
  • Osibanjo v Seahive Investments Ltd – forfeiture and waiver;
  • Brimex Ltd v Begum – the implications of an unlawful subletting;
  • Brightlingsea Haven Ltd v Morris – constructive trusts and section 2 LP(MP)A 1989.

Legislative developments in relation to:
The VAT rate change announced in the pre-Budget report;
Property taxes – changes to empty rates relief;
Land Registry – new first registration triggers;
Planning – Planning and Energy Act 2008.

Practical comment on:
The new Land Registry ID procedures – further practical ID questions;
Land Registry procedures on sales by mortgagees

and a consideration of whether a landlord can require a guarantor to guarantee an AGA, and what implications arise as SDLT meets its fifth anniversary.

Published 1st December 2008.