October 2008 property update

The October 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 – October 2008 and opening the attachment.

The October 2008 issue of the CPI Update contains:

Case law commentary on:

  • Margerison v Bates – restrictive covenants, and the need for consent to build
  • William Page & Co. Ltd v BNP Paribas – options to renew; conditions for exercise
  • Halifax plc v Curry Popeck – land registration; priority of interests
  • Fowles v Heathrow Airport Ltd – 1954 Act grounds of opposition
  • Possfund Custodian Trustee Ltd v Kwik Fit Properties Ltd – landlord’s right of inspection
  • Town Quay Developments Ltd v Eastleigh Borough Council – easements, and requirements for consent

Legislative developments in relation to:
Energy performance – the new transitional rules for non-domestic buildings
Energy performance – display energy certificates – the October 1 commencement
VAT – partial exemption for house-builders who now choose to let
Planning law – standard applications in relation to Tree Preservation Orders
SDLT – the new exemption for residential property

Practical comment on:
Break clauses – the effect of withdrawing a break notice
Quarterly rents – changing the frequency of rental payments
1954 Act contracting-out – dealing with non-resident tenant/guarantor
Land Registry – watermarked official copies of the register
Property fraud – mortgage rescue schemes; SDLT relief; vicarious liability for employee fraud; Land Registry fraud indemnity payments
Certificates of title – changes relating to new VAT rules
CPSEs – version 2.9

Published 29th September 2008.