property law - unfinished Flashcards
what should you do when title deeds indicate mining has taken place on a property?
enquire as to ground stability and subsidence
what should you do if the register reveals a home right?
get the seller to obtain a release of all rights from the occupier
what are the consequences of exchange of contracts?
the buyer has a beneficial interest in the property although seller retains legal title
when will the court approve alterations under an absolute covenant?
when they
- add to letting value
- are reasonable and suitable to the character of the property
- they do not diminish the value of any other property
what is a fixed increase rent review
where a clause in the lease provides that the rent will increase at fixed dates
what is an index-linked rent review
where the rent is linked to an external index
what is a tenant’s receipts rent review clause?
where rent is linked to tenant’s receipts from use of the property, e.g. turnover
what is an open market rent review
rent is adjusted at regular intervals to the open market rental value of the premises, based on agreed assumptions
which tenancies are excluded from the 1954 act?
- tenancies at will
- fixed terms for less than 6 months (only excluded for 2 terms)
- fixed terms that are contracted out
what can a solicitor do in relation to a mortgage
advise or arrange
exceptions to the definition of development
i. maintenance, improvement or alteration which only affects interior or does not materially affect the external appearance of a building
ii. material changes within same use class
when must planning permission be implemented
within 3 years of permission being given
what is permitted development
i. within curtilage of dwelling house
ii. minor operations
if unsure, apply for certificate of lawfulness
how are planning permission breaches dealt with
LPa may serve enforcement notice on anyone with a ninterest in the land, followed by a stop notice. they may file an injunction.
time limits for planning law enforcement
4 years for operational development or change of use to a dwelling house, 10 years for all others.
enforcement of building regulation control
notice may be served within a year
LLC1
local land charges search
- statutory restrictions imposed by LAs
CON29
standard enquiries, planning etc
CON29O
optional enquiries, environmental notices
Con29DW & Commerical DW
drainage and water
desktop search
indentifies nay contaminated land
CON29M
coal mining search
what is a certificate of title
proves good and marketable title to lender. proves property is adequate security.
when can solicitor exchange contracts
when client has given permission in writing
law soc formulae for exchange of contracts
A: one solicitor holds both parts duly signed
B: each solicitor holds their clients part duly signed
C: chain transactions
effect of completion
REGISTERED: must register buyer as proprietor
UNREGISTERED: title has passed to buyer
when is stamp duty payable
within 14 days of completion
when is a lessee entitled to demand deduction of title
on a lease of over 7 years
when must a landlord sign a lease
at least 5 working days before completion
who drafts the licence to assign
the landlord’s solicitor but assignor usually covers costs
when may contract for assignment be rescinded
by either party if landlord hasn’t given consent by 3 working days before completion.
what happens to assignment if landlord hasn’t consented by completion
completion is postponed until 5 working days after the assignor notifies assignee of consent
what is CRAR
allows landlord to enter property if 7 days rent is outstanding. must leave items for business up to £1,350. must give notice of 7 days to seize and then sell.
what can a landlord pursue guarantor for unpaid rent
if they have served a default notice within 6 months of the breach
how do damages for breach of covenant work
only available up to amount that disrepair has damaged reversion value. 7/3 notice must have notice served and the tenant is entitled to serve a counter notice within 28 days.
how does forfeiture work for a not rent covenant
landlord can serve s146 notice on tenant requiring remedy & compensation. if tenant doesn’t comply, landlord can effect forfeiture.
7/3 leases require notice to include tenant’s right to serve counter-notice within 28 days
what notice is required for contracting out of 1954 act
14 days notice - any less requires statutory declaration
s30 grounds of termination
a. repair
b. delay in rent
c. substantial breach
d. alternative accom
e. underletting of part
f. demolish or reconstruct
g. occupy himself if owned over 5 years
what are standard terms of renewal under 1954 act
not exceeding 15 years, reasonable terms, open market rent
