For subscribers, the May 2020 issue of the CPI Update appears attached below, and deals with the following cases:
- Using section 56 LPA 1925 for enforcement of covenants - Kensall v Khoury.
- The implications of an overriding lease - Lupin Ltd v 7-11 Princes Gate Ltd & Princes Gate Partnership LLP.
- Interpretation of contracts giving a discretion - Kwik Lets Ltd & Ors v Khaira & Ors.
- Extent of a property for leasehold enfranchisement - Freehold Properties 250 Ltd v Field.
- Section 84 modification of leasehold covenants - Edgware Rd (2015) Ltd v Church Commissioners for England.
There is also extensive commentary on the implications for property of the COVID-19 crisis, including:
- New restrictions on the use of Commercial Rent Arrears Recovery.
- Proposed restrictions on winding-up.
- Complying with regulatory requirements (EPC requirements, telecommunications agreements, CIL and section 106).
- Varying rent payments by agreement.
- Granting reversionary leases.
- Access to rent deposits.
- Exercising break rights.
- Forfeiting leases by consent.
The Update also covers:
- New Land Registry rules on “interrupted days”.
- A delay to the RPI consultation on use.
- Land Registry’s changed position on cancellations.
- Land Registry’s acceptance of deeds signed under ‘Mercury Tax’ arrangements.
Published on 1 May 2020.