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LPC > PLP > Flashcards

PLP Flashcards

1
Q

When is an ‘alteration’ an improvement? Case

A

Lambert v Woolworth

When construing, a wide approach is taken from the perspective of the tenant.

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2
Q

When is there an implied surrender of a lease?

A

If a deed of variation affects the term or demise.

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3
Q

What is the self-help case regarding forfeiture?

A

Jervis v Harris: A landlord can reserve the right to enter a property and make good the damage, then can recover costs as a debt (avoids limit on damages under s18 LTA)

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4
Q

What case establishes in principle that an order of specific performance to force tenants to comply with repair obligations is available?

A

Rainbow Estates v Tokenhold Ltd

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5
Q

When is a section 25 Notice used under LTA 1954 used?

A

Used by landlord to terminate a protected tenancy

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6
Q

What does s.18(1) of LTA 1927 do?

A

Limits damage claimable by the Landlord to the value that the reversionary interest has decreased by.

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7
Q

Principle from Mannai Investment Company? - relevant for s146 forfeiture notices

A

Regarding service of notices:

The court will consider whether the notice is sufficiently clear to leave a reasonable recipient in no reasonable doubt as to the terms of the notice

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8
Q

What case was the landlord allowed to withhold alteration because he had serious concerns as to the potential consequences on the structure of the building?

A

Iqbal

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9
Q

What is the reasonableness case regarding s.19(1)(a) of the LTA 1927?

A

International Drilling Fluids:

A landlord is not entitled to refuse consent on grounds which have nothing to do with the landlord and tenant relationship

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10
Q

Moss Bros Group principle ?

A

A landlord is reasonable in refusing consent as the proposed assignee’s business did not fit with the landlord’s tenant mix policy - provided the policy is known to tenant’s and is rational.

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11
Q

Principle from Ashworth Frazer?

A

A landlord is reasonable to refuse consent if the proposed assignee intended to use the premises for a purpose which would breach covenant.

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12
Q

What does s.19(1)(a) LTA 1927 relate to?

A
  1. ALL leases and to ALL forms of alienation
  2. No effect on absolute covenants
  3. Converts qualified covenant into a fully qualified covenant
  4. Acceptable for landlord to charge legal or other expenses incurred in granting consent
  5. L can charge for consent ONLY if lease allows: section 144 Law of Property Act 1925
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13
Q

What does s144 LPA 1925 do?

A

Unless the lease expressly allows, a landlord cannot charge for consent regarding assigning/underletting (can charge reasonable sum for legal and other expenses)

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14
Q

What section of the legislation relates to pre-conditions in new leases?

A

Section 19(1)(A) - Allows Landlord and Tenant to agree that are not subject to reasonableness test.

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15
Q

What is the case regarding pre-conditions to alienation?

A

Crestfort: The conditions were deemed to be mandatory, and the purpose was to limit the circumstances were the tenant could properly apply for consent.

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16
Q

What constitutes ‘reasonable time’?

and What statutory section?

A
  1. Dong Bang Minerva: 28 days from receipt of the application reasonable period to inform tenant.
  2. s1 LTA 1988
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17
Q

What is the authority for the Seller not being able to deliberately mislead the Buyer

A

Gordon v Selico

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18
Q

What is the case for a response to a Buyer enquiry?

A

William v Sindhall - replying “not so far as the seller is aware” amounts to an assertion that the buyer made reasonable investigations

19
Q

Warning against agreements in principle?

A

Aubergine Enterprises

20
Q

Statutory reference for AGAs?

A

s.16 of the Landlord and Tenant (Covenants) Act 1995

21
Q

What is the case regarding a solicitor’s failure to obtain building regulation certificates?

A

Cottingham

22
Q

Common Land case?

A

Landenbau v Crawley - solicitor negligent for failing to carry out a common land search where the location indicated it should have been.

23
Q

What are the quarter days?

A

25 March, 24 June, 29 September, 25 December

24
Q

Definition of a tenancy?

A

Street v Mountford:

Exclusive possession for a term absolute.

25
Q

Principle from O’May?

A

Starting point for negotiation is the old lease.

26
Q

Docs required for an assignment?

A
  1. Licence to Assign (LL, T and Assignee)
  2. TR 1 (T and Assignee
  3. AGA (LL and T)
27
Q

Enforcement periods of breach of planning permission?

A

1) Building Works: 4 years (If works are concealed, indefinite)
2) A material changes of use: 10 years (change of use to a single dwelling = 4 years)
3) Breach of condition of the permission from the date of the breach: 10 years

28
Q

Enforcement period for reach of Building regulations?

A

Effectively no time limit of enforcement - local authority can only take action within 12 months but then can enforce by injunction afterwards.

29
Q

Enforcement period for Listed Building consent?

A

No time limit of enforcement and a strict liability offence that can attract criminal sanctions.

30
Q

Changes of use - structure:

A

1) Is the change of use material? - Section 3(1) and Shedule of UCO 1987: If within the same class, it is not a material change of use, as it is not considered a development.
2) If material, check GDPO Schedule 2 Part 3 - certain material changes of use (one class to another) are permitted.
3) If n/a, then application for planning permission required.

31
Q

LP (R) Act 1938 - when do you not need to mention counter-notice in s.146 notice?

A

If the lease is less than 7 years or

7 years but less than 3 years remaining.

32
Q

Remedies for breach of repair covenant?

A
  1. Forfeiture (if express clause)
  2. Damages (limited)
  3. Specific performance (unlikely but can - rainbow Estates v Tokenhold
  4. Jervis & Harris self-help clause - no cap as a debt.
33
Q

Remedies for breach of rent covenant?

A
  1. Forfeiture (if express clause)
  2. Security
  3. Debt claim (subject to 6 year limitation)
  4. Commercial Rent Arrears Recovery (must be 7 days late and must give 7 days clear notice)
34
Q

Registering the Transfer / discharging old mortgage / Registering new mortgage: deadline and documents?

A

30 working days from OS1 result

  1. AP1 + Fee

Certified copies of

  1. SDLT 5
  2. Companies House Registration certificate
  3. Security document
  4. DS 1
  5. TR 1
35
Q

SDLT - deadline and documents?

A

30 days of the effective date (normally completion)

  1. SDLT 1
  2. Fee
36
Q

Perfecting security - deadline and documents?

A

21 days beginning the day after completion

  1. MR01
  2. Security Document
  3. Fee
37
Q

5 steps - Buyer before Completion?

A
  1. TR1
  2. TA 13
  3. Financial Statement
  4. Financing
  5. Pre-completion searches
38
Q

4 steps - Buyer Solicitor Before Exchange?

A
  1. Raise and solve all queries re. searches
  2. Survey?
  3. Financial Arrangements
    a) deposit - cleared?
    b) price reductions agreed
    c) draft CLLS to lender
    d) draft completion statement
  4. Engrossed contract and meet with client
39
Q

When is EX1 and EX1A used?

A

For confidentiality reasons when registering Agreement to Lease at Land Registry on Agreed Notice.

40
Q

Local Land Charges Search (LLC1) - 6 items

A
  1. Planning Permissions granted
  2. Enforcement / stop notices
  3. Tree preservation
  4. Smoke control
  5. Conservation Area
  6. Listed Building
41
Q

CON 29 - 5 things?

A
  1. Information on public roads
  2. Building regs approval
  3. Traffic schemes
  4. Contamination
  5. Planning permissions applied for, granted or refused
42
Q

Commercial Drainage and Water Search

A

Whether property is connected to mains water

43
Q

Desktop Environmental Search - what does it show?

A
  1. Contamination
  2. Flooding

Important as if pollouter cannot be found or is bankrupt, will not face criminal sanctions but liable for cost of clean up.

Phase I and II used (inspection and soil samples) if adverse results

LPC (8 decks)

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