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LPC > PLP > Flashcards

PLP Flashcards

1
Q

Cottingham v Attey Bower and Jones

A

Building regulations certificate failure was negligent

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2
Q

William Sindall Plc v Cambridgeshire CC

A

‘Not as far as seller is aware’ = reasonable enquiries

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3
Q

Gordon v Selico

A

Seller cannot deliberately mislead buyer

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4
Q

Ladenbau, G&K (UK) v Crawley & de Reya

A

Common Land search failure negligent

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5
Q

Patel v Daybells

A

Not negligent, undertaking by seller that sale proceeds would be used to discharge mortgage funds

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6
Q

Jervis v Harris - clause

A

Re-entry for repairs; debt, not damages

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7
Q

Rainbow Estates v Tokenhold

A

Exceptionally, specific performance for repair covenants

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8
Q

Lambert v FH Woolworth

A

Improvement in eyes of T

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9
Q

Iqbal v Thakrar

A

L’s concerns for structure of building

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10
Q

International Drilling Fluids v Louisville Investments

A

Landlord and tenant relationship

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11
Q

Moss Bros Group v CSC Properties

A

Tenant mix

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12
Q

Ashworth Frazer v Gloucester City Council

A

Proposed breach, reasonable refusal

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13
Q

Dong Bang Minerva v Davina

A

28 days, sufficient particulars

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14
Q

Aubergine Enterprises v Lakewood International

A

Consent ‘in principle’ = consent

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15
Q

K/S Victoria Street v House of Fraser

A

Confirmed validity of AGAs

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16
Q

Crestfort v Tesco

A

Pre-conditions for underletting, all of which must be met before L needs to even consider the underletting

17
Q

Old Leases/New Leases for LT(C)A 1995 - date

A

1 January 1996

18
Q

O’May

A

Current lease terms

19
Q

Mannai Investment Company v Eagle Star Life Assurance Company

A

Serious errors in security of tenure notices –> notice defective

20
Q

Pre-Completion Steps: Freehold (acting for buyer)

A
  • 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
21
Q

Pre-Completion Steps: Grant of Leasehold (acting for Tenant)

A
  • 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
22
Q

Pre-Completion Steps (Assignment of Lease): Acting for Assignee/Buyer

A
  • 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
23
Q

Post-Completion Steps: Freehold

A

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
24
Q

Post-Completion Steps: Grant of Leasehold

A

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
25
Q

Post Completion Steps: Assignment of Leasehold

A

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.

LPC (9 decks)

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