CPI Update 149 - September 2016

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For subscribers, the September 2016 issue of the CPI Update appears attached below, and deals with the following cases:

  • What is ‘vacant possession’ in the context of a break clause? Riverside Park Ltd v NHS Property Services Limited;
  • Rights to light: injunction or damages? Ottercroft Ltd v Scandia Care Ltd;
  • Surrender of a lease without consent of a lender - Co-operative Bank Plc v Hayes Freehold Ltd (In Liquidation);
  • Unfair terms legislation in relation to long leases - Roundlistic Ltd v Jones;
  • The court’s discretion to grant an administration order - Rowntree Ventures Ltd v Oak Property Partners Ltd;
  • Overreaching and land registration - Haque v Raja & Khan;
  • Capital Gains Tax treatment of forfeited deposits - Hardy v Revenue & Customs Commissioners;
  • Interpreting mortgage terms and conditions - Alexander v West Bromwich Mortgage Company Ltd.

In addition, there is coverage of: The commencement of the Insurance Act 2015;

  • An HMRC consultation on filing changes for SDLT;
  • An HMRC consultation on tax avoidance and the penalties for unlawful avoidance;
  • A consultation response on business rating appeals;
  • Surrenders and the need for mortgagees’ consents;
  • Updated Land Registry Practice Guide 26 (Leases - determination).

Published on 31 August 2016.