PLP Flashcards
Cottingham v Attey Bower and Jones
Building regulations certificate failure was negligent
William Sindall Plc v Cambridgeshire CC
‘Not as far as seller is aware’ = reasonable enquiries
Gordon v Selico
Seller cannot deliberately mislead buyer
Ladenbau, G&K (UK) v Crawley & de Reya
Common Land search failure negligent
Patel v Daybells
Not negligent, undertaking by seller that sale proceeds would be used to discharge mortgage funds
Jervis v Harris - clause
Re-entry for repairs; debt, not damages
Rainbow Estates v Tokenhold
Exceptionally, specific performance for repair covenants
Lambert v FH Woolworth
Improvement in eyes of T
Iqbal v Thakrar
L’s concerns for structure of building
International Drilling Fluids v Louisville Investments
Landlord and tenant relationship
Moss Bros Group v CSC Properties
Tenant mix
Ashworth Frazer v Gloucester City Council
Proposed breach, reasonable refusal
Dong Bang Minerva v Davina
28 days, sufficient particulars
Aubergine Enterprises v Lakewood International
Consent ‘in principle’ = consent
K/S Victoria Street v House of Fraser
Confirmed validity of AGAs
Crestfort v Tesco
Pre-conditions for underletting, all of which must be met before L needs to even consider the underletting
Old Leases/New Leases for LT(C)A 1995 - date
1 January 1996
O’May
Current lease terms
Mannai Investment Company v Eagle Star Life Assurance Company
Serious errors in security of tenure notices –> notice defective
Pre-Completion Steps: Freehold (acting for buyer)
- OS1 priority search to ‘freeze’ title, in name of lender
- Companies House search against the seller
- Completion information form, e.g. TA13 - undertaking re: mortgage
- Draft purchase deed (TR1) and send to seller’s solicitor
- Check finances in place:
- Financial statement to buyer
- Final/signed form certificate of title to lender
- Ensure buyer has signed loan agreement (including charge) if relevant
Pre-Completion Steps: Grant of Leasehold (acting for Tenant)
- OS2 priority search of part to freeze L’s title and highlight new entries
- Companies House search against L, if is company
- Completion information form e.g. TA13 (although unlikely to be discharging mortgage - obtain consent instead)
- If required, consent from L’s mortgagee
- Ensure cleared funds from T received for first payment of rent
- Arrange for engrossed counterpart lease to be executed by T
Pre-Completion Steps (Assignment of Lease): Acting for Assignee/Buyer
- Check that licence to assign has been completed, granting L’s assignment
- OS1 priority search to freeze assignor/T’s title and highlight new entries
- Check L’s title - is mortgagee’s consent required?
- Companies House search against assignor/T if company
- Completion information form, e.g. TA13 (undertaking re: assignee/T’s mortgage - although unlikely)
- Draft TR1 (purchase deed) and send to assignor
For assignment, also check whether finances are in place:
- Financial statement to assignee
- If new mortgage, final/signed certificate of title to lender
- If assignee taking out mortgage, ensure that they have signed loan agreement
Post-Completion Steps: Freehold
Companies House (if buyer = company and taking new mortgage):
- Register new mortgage
- Within 21 days of day AFTER completion
- Form MR01 plus fee
- Send CERTIFIED COPY of mortgage
HMRC:
- Pay SDLT
- Within 30 days of effective date
- Submit SDLT 1
- Receive SDLT 5 certificate of payment
Land Registry:
- Buyer’s new charge over property
- Within 30 WORKING DAY priority period of OS1 search
- Form AP1
- Fee
- SDLT 5 (certified copy)
- DS1 (certified copy)
- TR1 (certified copy)
- Mortgage (certified copy)
- Certified copies of any other documents establishing title, e.g. death certificates
Post-Completion Steps: Grant of Leasehold
As for freehold, but unlikely that mortgage taken out on market rent lease
- Pay SDLT within 30 days of substantial performance (taking possession, non-rent consideration, rent)
- Submit SDLT 1
- Receive SDLT 5
Land Registry (only for leases OVER 7 years)
- First registration of lease
- Within 30 WORKING DAY priority period of OS1/OS2
- Form AP1
- Check new official copies for new leasehold title after application complete
- Fee
- Lease (certified copy)
- SDLT 5 (certified copy)
- Consent of lender (certified copy) if relevant
- T’s new mortgage (certified copy) if relevant
- Certified copies of any other documents, e.g. death certificates
Post Completion Steps: Assignment of Leasehold
Companies House/HMRC as for grant of lease
Land Registry - ALWAYS required (unlike grant of leasehold), but steps otherwise the same - register transfer, 30 working days, AP1, check UPDATED official copies etc.
