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Property Law Journal: 20 May 2013

Brian Chrystal examines changes to overriding interests in light of the looming deadline

From midnight on 12 October 2013, there is an interesting change taking place with regard to some of the more exotic property law quirks that affect conveyancing transactions: overriding interests. Many lawyers feel that after this date these rights are culled and so of no more relevance to their transactions, however this is very clearly not the case.

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation

Two cases have been the subject of particular interest in the commercial landlord and tenant sphere.

Jason Towell outlines the main changes introduced by the Act and discusses how these will affect practice

The Growth and Infrastructure Act 2013, which received Royal Assent on 25 April 2013, contains a number of amendments to legislation seeking to encourage more development as a stimulus to economic growth. A number of planning measures within the Act have proved controversial during their passage through Parliament. The relevant provisions will be brought into force by a series of statutory instruments over the coming months. The principal planning changes brought about by the Act are as follows.

Graham Fife reviews the decision in Ridgewood v Valero and its implications for landlord’s obligations

The High Court case Ridgewood Properties Group v Valero Energy Ltd [2013] earlier this year has set alarm bells ringing for those proposing to enter into property transactions that include landowners’ positive obligations – including agreements for lease, agreements for surrender and option agreements.

Nabarro LLP

Camilla Askaroff discusses a case where a surety was required to take a new lease following disclaimer

In RVB Investments Ltd v Bibby [2013], a landlord issued proceedings against the surety of an insolvent tenant for an order requiring the surety to take a new lease of the premises.

Nigel Howorth, James Shepherd and Michael Coxall set out the key points to note on the rules for phase 2 and beyond

The government has finally published a draft order establishing phase 2 of the CRC Energy Efficiency Scheme, which begins on 1 April 2014. The first deadline under the scheme is the registration of CRC participants by 31 January 2014. The structure of potential CRC participants for phase 2 will be broadly fixed on 31 March 2013. After that date, organisations should begin to analyse if they will be in the CRC scheme in phase 2, and make preparations for registration as necessary.

Withers LLP

The result of the Pawson appeal has done little to clarify the criteria for claiming BPR in the case of furnished holiday lettings, as Matthew Woods and Sophie Carter relate

The First-Tier Tribunal set a low threshold for determining whether the activities carried out in respect of a furnished holiday letting business qualified for business property relief. The Upper Tribunal has overturned this decision in a ruling in HMRC v Pawson [2013]. This decision makes it clear that certain activities will be incidental to managing a property as an investment, and therefore insufficient for the property to qualify for business property relief. The facts of the case mean that we still have little clarity as to what activities would be considered sufficient.