CPI Update 195 - August 2020

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For subscribers, the August 2020 issue of the CPI Update appears attached below, and deals with the following cases:

  • Analysing exceptions and reservations of mines and minerals - ARC Aggregates Ltd v Branston Properties Ltd.
  • Precision notices for a tenant’s right to break? GKN Aerospace Services Ltd v Duncan Investments Ltd.
  • Circumventing a Form A restriction - N3 Living Ltd v Burgess Property Investments Ltd.
  • A case on the validity of a GAGA - EMI Group Ltd v The Prudential Assurance Company Ltd.
  • Buyers with equitable liens exposed on insolvency - Duffy & Anor v MJF Pension Trustees Ltd & Ors.
  • The boundary condition in adverse possession claims - Dowse & Dowse v Bradford Metropolitan Borough Council.
  • Interpreting reservations in leases - Rees & Anor v Windsor-Clive & Ors.
  • Specifying breaches for forfeiture - Marchitelli v 15 Westgate Terrace Ltd.
  • Electronic communications code problems – Arqiva Services Ltd v AP Wireless II (UK) Ltd.

There is also commentary on legislative and practice changes, including:

  • New legislation extending existing planning permissions.
  • The new SDLT residential property holiday.
  • Changed residential rates for Land Transaction Tax in Wales.
  • A discretion to allow deferral of the Community Infrastructure Levy.
  • The SDLT non-UK resident surcharge applying from April 2021.
  • The SDLT additional homes surcharge - exceptional circumstances.
  • SDLT & ATED - relief for housing co-operatives.
  • Residential leasehold - Law Commission reports.
  • A consideration of CVAs, the 1954 Act and ground (g).
  • HM Land Registry’s introduction of electronic signatures.
  • Varying leases: SDLT and VAT.
  • VAT on property search fees.

Published on 3 August 2020.