Property Practice

Question 1

How long does the Local Authority have to bring an enforcement action based on failure to obtain a building regulations completion certificate?

Answer 1

12 months.

NOTE: The local authority may still seek an injunction AT ANY TIME to force an owner to bring the property up to standards.

Question 2

If planning permission is not required for building work, do you still need to obtain a building regulations completion certificate from the local authority?

Answer 2

Yes

Question 3

If a limited company is taking out a mortgage, when must the solicitor register the mortgage charge at Companies House?

Answer 3

Within 21 days

Question 4

Under the Law Society’s Conveyancing Protocol, what method will be used to complete a property transaction if no other method is agreed by the parties?

Answer 4

Post, in compliance with the Code for Completion by Post

Question 5

Does a tenant under a commercial lease have the right to remain in tenancy after the term of the lease expires?

Answer 5

Yes, unless the landlord serves a section 25 notice indicating a statutory ground for terminating the tenancy before the end of the lease term.

Question 6

Via a section 25 notice, what are the statutory grounds for terminating the tenancy before the end of the lease term?

Answer 6

• Landlord desires to demolish the premises
• Breaches of obligations under the lease by the tenant
• The availability of suitable, alternative premises for the tenant
• The landlord’s desire to reconstruct or move into the premises

Question 7

What does it mean if a buyer and seller agree that a deposit will be held by a solicitor as agent?

Answer 7

The buyer’s deposit will be held by the seller’s solicitor and may be paid over to the seller immediately after exchange has taken place.

However, the standard conditions of sale provide that on exchange of contracts, the buyer’s deposit is held by the seller’s solicitor as stakeholder (meaning the deposit will be paid to the seller only on completion), to prevent the money being spent.

Question 8

When is Planning Permission required under the Town and Country Planning Act 1990?

Answer 8

Planning permission is required for any DEVELOPMENT of land.

Development includes:
- Building
- Making a material change of use.

Minor internal work are NOT considered to be developments and so planning permission is not required.

Question 9

How do you exchange contracts by telephone under Law Society Formula B

Answer 9

Each solicitor holds their own client’s part of the contract and sends their client’s signed part to the other after confirming the versions of the contract are the same.

The buyer’s solicitor sends the deposit funds to the seller’s solicitor to hold as stakeholder.