Back to e-alerts
Issue 71 – April 2010
Welcome to a new e-mail alert from a new provider. The monthly alert is now being complied by TLS library staff. As a result we have the opportunity to ensure that whilst it remains as comprehensive as possible it is also relevant to everyday conveyancers and not simply full of esoteric material which bears little relevance to our everyday working lives.
Cases and legislation are now accompanied by a brief ‘note’ so that you have the opportunity of deciding whether or not the matter is worthy of further reading. We will also endeavour to highlight any news which is of particular importance to conveyancers. If you have any suggestions as to how the monthly alert can be improved further or if there is any particular subject which you would like to see featured in PIP please email the section at propertysection.org.uk
Peter Rodd, Section Chair
News
Law Society: Changes to SDLT announced in Budget 2010
Communities.org.uk: £146 million incentive for Councils to build more homes
Communities.gov.uk: Access to ordnance survey data will drive innovation and change
Communities.gov.uk: National housing and planning advice will help local authorities develop housing plans
Environmental search data breakthrough for conveyancing solicitors
Land registry: Land Registry launches consultation on electronic transfers
OFT: Anti-money laundering regulations: future supervisory approach consultation
Communities.gov.uk: The Housing Building Industry: Promoting recovery in housing supply
Communites.gov.uk: Proposed changes to the publication of statistics on land use change, commercial and industrial floor space and town centre/retail developmentWork and Pensions committee: Fifth report on Local Housing Allowance published
Rent threshold for assured shorthold tenancies (ASTs) delayed
Cases and Legislation
Collated by the Law Society Library, with cases linked in full to BAILII, where available
Cases
Baxter v Mannion [2010] EWHC 573 (Ch) (18 March 2010)
Mistakes for the purposes of the Land Registration Act 2002, Schedule 4, paragraph 5(a) are not limited to procedural errors. The burden of proof is on the applicant for rectification to show on the balance of probabilities that there is a mistake in the register.
Chantry Estates v Anderson [2010] EWCA Civ 316 (10 March 2010)
The meaning of a document is that conveyed to a reasonable person having all the background knowledge available to the addressee. That meaning may be something other than the meaning apparent at first glance, but only if it is the only meaning consistent with the document as a whole. See Belize Communications Limited v Belize Telecommunications Ltd & Anor [2009] UKPC 11. If a document makes sense on its face, then terms should not be implied into it.
Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd & Anor [2010] EWHC 243 (Ch) (19 February 2010)
A contract should be interpreted in terms of the understanding of a reasonable person having all the background knowledge available to the parties at the time it was written. See Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 and Chartbrook Ltd v Persimmon [2009] UKHL 38 (Not on BAILLI).
Gold Group Properties Ltd v BDW Trading Ltd [2010] EWHC 323 (TCC) (3 March 2010)
A schedule of minimum prices in a development agreement was neither a guaranteed minimum return nor a condition precedent to the carrying out of works. As by the terms of the agreement the minimum prices could be renegotiated or fixed by an expert, they could not frustrate the agreement.
NG & Anor v Ashley King (Developments) Ltd [2010] EWHC 456 (Ch) (11 March 2010)
If a purchaser is in repudiatory breach of a contract for the sale of land, such that the vendor is entitled to forfeit the deposit, the vendor must give credit for the deposit in reduction of damages. Damages compensate the injured party rather than punish the contract breaker. Parties to a contract may exclude particular rights and remedies, but they must use clear words, and the Standard Conditions do not purport to exclude any set-off.
National Westminster Bank Plc v Rushmer & Anor [2010] EWHC 554 (Ch) (19 March 2010)
The power to enforce a charging order under section 14 of TOLATA is compatible with the Human Rights Act, as long as the relevant factors in section 15 of TOLATA are considered.
North Eastern Properties Ltd v Coleman & Anor [2010] EWCA Civ 277 (19 March 2010)
The Law of Property (Miscellaneous Provisions) Act 1989, schedule 2 restricts contracts for the sale of land to written documents including all expressly agreed terms. It is not sufficient to void the contract that it be part of a larger transaction subject to other expressly agreed terms. An appropriately worded entire agreement clause is a clear way of delineating the boundaries between the sale of land and related transactions.
Seymour Road (Southampton) Ltd v Williams & Ors [2010] EWHC 111 (Ch) (29 January 2010)
Where a covenant does not identify any land to which it is annexed, an intention to annex must be manifested in an instrument including the covenant, or successors in title cannot enforce the covenant.
Robot Arenas Ltd & Anor v Waterfield & Anor [2010] EWHC 115 (QB) (8 February 2010)
Once a claimant has proved ownership of goods, the burden of proving abandonment as a defence to a claim in conversion must be on the defendants. Liability in conversion depends on whether the defendants knew or ought reasonably to have known that the goods belonged to a third party, creating a duty to make reasonable enquiries as to whether they had been abandoned. An erroneous conclusion following such enquiries is not sufficient for liability. The replacement cost of goods which have been destroyed is an appropriate measure of damages where the claimant has lost a profit-earning chattel.
Legislation and Bills
Building (Local Authority Charges) Regulations 2010, SI 2010/404
These Regulations revoke and replace the Building (Local Authority Charges) Regulations 1998 (SI 1998/3129) and make a number of significant modifications. They authorise local authorities to fix and recover charges for the performance of their main building control functions relating to building regulations according to a charging scheme governed by principles laid down in the Regulations. Each authority is responsible for settling their own charges. The regulations will come into force on 1 April 2010.
Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010, Draft
Revokes Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004, SI 2004/1260 with effect from 6 April 2011. The 2004 order excludes land agreements from the prohibition on anti-competitive agreements imposed by the Competition Act 1998. An article in Estates Gazette, 1008, 27 February 2010, 97 discusses the significance.
The Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 2010, SI 2010/408
These Regulations amend the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008, SI 2008/386 which prescribe the class of property whose owner will be liable for non-domestic rates when the property is unoccupied and the exceptions from that class. One exception, where a property has a rateable value of less than £2,200, is amended so that amount is increased to £2,600 to take account of changes to rateable values of hereditaments due to occur with effect from 1 April 2010 as a result of revaluation. The regulations will come into force on 1 April 2010.
The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010, SI 2010/566 (C.39)
This Order brings into force on 6 April 2010 various sections of the 2008 Act.
The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010, SI 2010/825
Revokes and replaces the Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2003, SI 2003/1988 to reflect the changes made by the Companies Act 2006.
The Town and Country Planning (Compensation) (England) Regulations 2010, SI 2010/655
These Regulations prescribe the types of development and circumstances whereby compensation can be limited under section Section 108(2A) and (3B) to (3D) (inserted by section 189 of the Planning Act 2008). The regulations come into force on 6 April 2010.
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010, SI 2010/472
These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 which provide for the payment of fees for certain applications for planning permission and other consents. The regulations came into force on 26 February 2010.
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2010, SI 2010/567
This order which comes into force on 6 April 2010 amends The Town and Country Planning (General Development Procedure) Order 1995, SI 1995/419 regarding design and access statements, and the publicity of planning applications. It also amends the time limits for lodging certain planning appeals and includes on the planning register applications for non-material changes to permissions.
The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010, SI 2010/654
This Order amends the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418. The amendments apply to England only. The order comes into force on 6 April 2010.
The Town and Country Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2010, SI 2010/568
These regulations amends the Planning (Listed Buildings and Conservation Areas) Regulations 1990, SI 1990/1519 as to publicity of certain applications.
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010, SI 2010/653
This Order amends the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) for England only. The order comes into force on 6 April 2010.
Rental Accommodation (Thermal Insulation Standards) Bill, PMB HC Bill 71
A Bill to require providers of rental accommodation to ensure that the accommodation complies with certain minimum standards of thermal insulation; and for connected purposes. The First Reading of the Bill was in the House of Commons on 23 February 2010. The Second Reading will be on 30 April 2010.
Second Home Ownership (Regulation) Bill 2009-10
A Private Members’ Bill to give planning authorities the power to require change of use planning permission before existing or new homes can become second homes together with other provisions covering powers over second homes.
Consultations
New Policy Document for Planning Obligations: Consultation,
Department for Communities and Local Government
The Department for Communities and Local Government seeks views on a new policy document on the use of planning obligations. Consultation closes on 17 June 2010.
NB. This is intended for information only, and does not represent legal advice on which reliance should be placed.
FAQs
Residential conveyancing contract packages
I am acting for a buyer in a residential conveyancing transaction. I have just received the contract package from the seller’s solicitor and in the covering letter it states that he “expects such papers to be returned to his firm on request if the transaction does not proceed to exchange.” I have never come across this before, is this correct?
Discounts
Members are entitled to 20% off selected titles from Law Society Publishing (quote promotion code PROPR) online or by telephone orders on 0870 850 1422). Recent titles include:
Property Development
Comprehensive step by step guide to the acquisition of land for development, featuring model clauses, checklists and precedents, and including a CD-ROM
Conveyancing Checklists, 2nd edition
New edition providing a comprehensive range of checklists that follow the steps of a transaction. Also contains an accompanying CD-ROM