PLP

Question 1

When is an ‘alteration’ an improvement? Case

Answer 1

Lambert v Woolworth

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

Question 2

When is there an implied surrender of a lease?

Answer 2

If a deed of variation affects the term or demise.

Question 3

What is the self-help case regarding forfeiture?

Answer 3

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)

Question 4

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

Answer 4

Rainbow Estates v Tokenhold Ltd

Question 5

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

Answer 5

Used by landlord to terminate a protected tenancy

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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?

Answer 8

Iqbal

Question 9

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

Answer 9

International Drilling Fluids:

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

Question 10

Moss Bros Group principle ?

Answer 10

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.

Question 11

Principle from Ashworth Frazer?

Answer 11

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

Question 12

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

Answer 12

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

Question 13

What does s144 LPA 1925 do?

Answer 13

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

Question 14

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

Answer 14

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

Question 15

What is the case regarding pre-conditions to alienation?

Answer 15

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

Question 16

What constitutes ‘reasonable time’?

and What statutory section?

Answer 16

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

Question 17

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

Answer 17

Gordon v Selico

Question 18

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

Answer 18

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

Question 19

Warning against agreements in principle?

Answer 19

Aubergine Enterprises

Question 20

Statutory reference for AGAs?

Answer 20

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

Question 21

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

Answer 21

Cottingham

Question 22

Common Land case?

Answer 22

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

Question 23

What are the quarter days?

Answer 23

25 March, 24 June, 29 September, 25 December

Question 24

Definition of a tenancy?

Answer 24

Street v Mountford:

Exclusive possession for a term absolute.

Question 25

Principle from O'May?

Answer 25

Starting point for negotiation is the old lease.

Question 26

Docs required for an assignment?

Answer 26

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

Question 27

Enforcement periods of breach of planning permission?

Answer 27

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

Question 28

Enforcement period for reach of Building regulations?

Answer 28

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

Question 29

Enforcement period for Listed Building consent?

Answer 29

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

Question 30

Changes of use - structure:

Answer 30

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.

Question 31

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

Answer 31

If the lease is less than 7 years or | 7 years but less than 3 years remaining.

Question 32

Remedies for breach of repair covenant?

Answer 32

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.

Question 33

Remedies for breach of rent covenant?

Answer 33

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)

Question 34

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

Answer 34

30 working days from OS1 result 1. AP1 + Fee Certified copies of 2. SDLT 5 3. Companies House Registration certificate 4. Security document 5. DS 1 6. TR 1

Question 35

SDLT - deadline and documents?

Answer 35

30 days of the effective date (normally completion) 1. SDLT 1 2. Fee

Question 36

Perfecting security - deadline and documents?

Answer 36

21 days beginning the day after completion 1. MR01 2. Security Document 3. Fee

Question 37

5 steps - Buyer before Completion?

Answer 37

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

Question 38

4 steps - Buyer Solicitor Before Exchange?

Answer 38

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

Question 39

When is EX1 and EX1A used?

Answer 39

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

Question 40

Local Land Charges Search (LLC1) - 6 items

Answer 40

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

Question 41

CON 29 - 5 things?

Answer 41

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

Question 42

Commercial Drainage and Water Search

Answer 42

Whether property is connected to mains water

Question 43

Desktop Environmental Search - what does it show?

Answer 43

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