News

Registration of company charges (overseas companies)

Schemes for registration of company charges are set out in Part 25 of the Companies Act 2006. Chapter 1 provides a scheme for the registration of charges created by companies incorporated in England & Wales and Northern Ireland.

The Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 apply this scheme to charges created by registered overseas companies over property in the UK. Amending regulations (The Overseas Companies (Execution of Documents and Registration of Charges)(Amendment) Regulations 2011), coming into force on 1 October 2011, will remove the requirement for these charges to be registered at Companies House. […]

Peculiarities in property law

From the not so peculiar (i.e. the village green, and the current DEFRA consultation, and chancel repair liability), to the more obscure – such as franchises, manors, manorial rights, mines and minerals, school site reverters, Crown cautions. All of these are being considered online on 19 September.

Squatters’ rights

Squatting is very much in the news at the moment.

A First-tier Tribunal (Information Rights) case Voyias v IC & London Borough of Camden (Freedom of Information Act 2000) [2011] UKFTT EA_2011_0007 (GRC) 2011 resulted in the Information Tribunal ordering the London Borough of Camden to disclose a list of all residential properties in Camden that were empty and for which a non-individual was listed as being the owner or having a material interest in the property.

“The Appellant has been a member of the Advisory Service for Squatters (ASS) since 2008 during which time he has come into contact with […]

EPC compliance levels

If you would like to learn more about the very low levels of enforcement of (and also, one assumes compliance with) the requirements for Energy Performance Certificates under The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (as amended), see Quidos Investigation into EPBD Enforcement, January 2011.

Private sewer systems – registration (further information)

Further to yesterday’s item on the registration of private septic tanks, it now seems the Government is having a re-think – at least in England. Defra says on its website “we are now undertaking a joint review with Government on the requirement to register small domestic sewage discharges in England, details of which will be announced in the next few weeks. While the review is underway, we will not require the registration of small domestic sewage discharges, including septic tanks, in England – although householders can still register if they wish.” However, in Wales, there is no re-think; registration is […]

The overlooked point in K/S Victoria Street v House of Fraser

In all the fuss over whether guarantors can guarantee assignees or AGAs, it may have been overlooked that in K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904, the Court of Appeal seems to have downplayed considerably the usefulness of the contract interpretation rule known as the contra proferentem rule. This is the rule that states that, in the case of an ambiguity, a document will be construed against the grantor. (In connection with a lease, in most cases this would be the landlord).

This is what Lord Neuberger said [at para.68]: “Like the […]

Riot information

In addition to information provided by the Association of British Insurers, the DCLG has published a leaflet – – Do you need help following the recent riots? – which aims to give sources of practical support and guidance if a household or business has been affected by the recent riots.

Private sewer systems – registration

Much attention is being paid to the automatic adoption of private sewers and lateral drains on October 1, 2011. But where your property is not connected to the public sewerage system, is it also time to register your septic tank? The Environmental Permitting (England and Wales) Regulations 2010 have been in force since April 1, 2010, and these regulations will require the registration with the Environment Agency of a domestic sewage treatment system as exempt from the need for an environmental permit. Septic tanks that discharge directly to surface water will not be able to be registered with an […]

Disclosure of incentives

A new Disclosure of Incentives Form relating to the disclosure of incentives offered to homebuyers purchasing newly built, newly converted and newly renovated properties, with the aid of a mortgage applies from October 1, 2011. It can be seen at CML Disclosure of Incentives Form.

September online seminars

September online seminars, coming to a screen near you:2 September 2011 – Dealing with defaulting tenants.5 September 2011 – Making watertight contracts and deeds, and the effects of varying them.19 September 2011 – Peculiarities in property transactions (chancel repair, village greens, mines and minerals, franchises, reverters, and more).26 September 2011 – Property insurance in sales and purchases.
See http://propertypsl.co.uk/online-cpd

Restrictive covenants in the pub industry

The Government has published a consultation paper to assess whether the use of restrictive covenants placed on the sale of a public house, effectively preventing use as a pub after sale, can have a negative impact on the well-being of local communities. The consultation – The use of restrictive covenants in the pub industry and their impact on local communities: Consultation – runs until October 25.

Appealing against the October 1 vesting of drains and sewers

Ofwat has published its guidance on the making of appeals in relation to the transfer of private sewers and lateral drains (and eventually pumping stations) in England and Wales. Remember that an automatic transfer of private sewers and lateral drains is occurring on October 1, 2011. Any land owner who wishes to appeal against this automatic vesting on the basis of “serious detriment” resulting from the vesting has only two months from the date the sewerage company gives notice of the vesting, privately or publicly. Sewerage companies started to serve individual notices on or after 1 July 2011, and published […]

K/S Victoria – an initial analysis

So, what are we to make of the decision in K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904; perhaps the most important commercial landlord and tenant case of the decade so far. You will no doubt be aware that this is the case that seeks to bring a conclusion to the so-called “AGA saga” under the Landlord and Tenant (Covenants) Act 1995, by providing an answer to the question of whether an assigning tenant’s guarantor, under a post-1995 Act tenancy, can lawfully guarantee performance of tenant covenants by an incoming assignee – […]

Court of Appeal ends “AGA saga”?

In K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904, the Court of Appeal has opined that, whilst a tenant’s guarantor’s guarantee of an immediate assignee under a post-1995 Act tenancy is rendered void by section 25 of the Landlord and Tenant (Covenants) Act 1995, a tenant’s guarantor’s guarantee of the tenant’s guarantee of the immediate assignee, entered into in an AGA, is valid. Is there a difference between the two? The Court of Appeal (strictly in obiter) thinks so. The case is seen in the property profession as bringing to an end […]

Best endeavours

In seeking to provide an answer to the exam question posed below (Best endeavours = all reasonable endeavours?, it is interesting to read a useful “Scottish” article on best and reasonable endeavours in the Estates Gazette (9 April). The article cites a case EDI Central Limited v. National Car Parks Limited [2010] CSOH 141 from the Court of Session in which Lord Glennie says: “I accept the submission that the obligation to use “all reasonable endeavours” is a more onerous obligation than one simply to use “reasonable endeavours”. I do not have to consider whether or not it is the […]

Transfer of assets from Regional Development Agencies

The Government has announced the transfer of land and property assets owned by Regional Development Agencies to the Homes and Communities Agency. The transfer is currently planned to take effect on 19 September 2011. Details of the individual assets to be included in the transfer will be announced when the order to transfer has been signed off. See Government guarantees local influence in future development of RDA assets.

Disregarding improvements

The case of Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) skirts around an issue on the interpretation of a rent review disregard of improvements, but never really gets off the ground, simply because the High Court decides that the issue being debated was never clearly put before the rent review arbitrator. That being the case, no point of law or irregularity had arisen in the arbitration to justify an appeal. The premises were used a data centre. They were only able to be used as such because of works the tenant had carried out, outside the […]

Best endeavours = all reasonable endeavours?

“It is common ground that there is no difference between best and all reasonable endeavours.” This is a quote from His Honour Judge Mackie QC in Jet2.Com Ltd v Blackpool Airport Ltd [2011] EWHC 1529 (Comm) (15 June 2011).

The case relates to an agreement affecting the use of Blackpool Airport by Jet2.com. The parties to the agreement agreed that: “Jet2.com and BAL will co-operate together and use their best endeavours to promote Jet2.com’s low cost services from Blackpool Airport, and BAL will use all reasonable endeavours to provide a cost base that will facilitate Jet2.com’s low cost pricing.” The case […]