Questions Drill

Question 1

If a plc buys office, where should you register the mortgage?

Answer 1

Companies House and Land Registry

Question 2

how can the landlord exclude security of tenure provisions under Landlord and Tenant Act 1954?

Answer 2

a notice to exclude must be in place before completion by giving 14 days’ prior notice and signed acknowledgement by tenant. If less than 14 days, the tenant must sign a simple declaraion of confirmation.

Question 3

if the landlord and the tenant cannot come to an agreement on the term of the lease what happens?

Answer 3

Court will hear all arguments and decide

Question 4

can the terms of a lease change?

Answer 4

Yes, as long as they are reasonable

Question 5

what happens when the tenant applies for the lease to be renewed via s 25 notice under Landlord and Tenant Act 1945 and misses the deadline?

Answer 5

Deadline is strict, no remedies available

Question 6

what happens when the seller of a property dies before completion?

Answer 6

Death does not invalidate the contract, before you can proceed the deceased children must obtain a Grant of Representation in order to transfer the legal title of the property.

Question 7

what is the completion date of the property if there is a contract but it does not state a date?

Answer 7

at 2 pm, 20 working days from which the date on which the contracts were exchanged

Question 8

what happens when the landlord is late with the rent review?

Answer 8

The revised rent will be payable from when he was supposed to do it along with any interest. So tenant pays difference + interest.

Question 9

how to know if the lease is within part 2 of the LTA?

Answer 9

tenant is in occupation of the property more than 12 months, is used for business purposes.

Question 10

how can a landlord terminate periodic tenancy - which has security of tenure. under LTA 1954?

Answer 10

not less than 6 mo notice and not more than 12 mo.

Question 11

What are the procedures to contract out of security of tenure?

Answer 11

the landlord must serve a warning notice on the tenant with a copy of th elease, explaining that security of tenure will not apply

tenant must then signa a declaration to conffirm that it has understood and agrees to the exclusion of its statutory rights pursuant to the 1954 act.

the agreement to contract our must be set out in the lease, as proof that the appropriate procedure had been followed.

Question 12

What are the procedures to contract out of security of tenure if the lease is completed after 14 days of the landlord’s warning notice?

Answer 12

Tenant must sign a simple declaration stating it has received the notice and accepts the consequences of entering into a ‘contracted out’ lease.

Question 13

What are the procedures to contract out of security of tenure if parties cannot or do not want to wait the required 14 days?

Answer 13

the tenant must sign a ‘statutory declaration’ which is witnessed by an independent solicitor or a commissioner for oaths.

Question 14

does the 1954 act (security of tenure) apply to fixed-term leases for a term of six months or less that do not include an option for the tenant to renew?

Answer 14

No

Question 15

What is ground G of the 1954 Landlord and Tenant Act?

Answer 15

when the landlord intends to occupy the whole or part of the property for the purpoes of carrying business in the property and may refuse the extension of a lease.

Question 16

If a landlord refuses the extension of a lease of 10 year fixed term what happens?

Answer 16

Any compensation payable to the tenant in respect of the landlord’s refusal shall be calculated with reference to the rateable value of the property

Question 17

are undertakings by regular people enforceable?

Answer 17

No, only undertakings by legal professionals are enforceable.

Question 18

can a seller act for himself when selling a property?

Answer 18

Although conveyancing is a reserved activity, it does not prevent a seller from acting for himself.

Question 18

when can the local planning authority serve enforcement notice to remedy the breach in the planning permit?

Answer 18

within 10 years of the work being substantially completed

Question 19

For which types of actions a Planning Permission from the Local Authority is required under the Town and Country Planning Act 1990?

Answer 19

if they constitute a “development”

Question 19

When can the local planning authority serve enforcement notice for an unauthorised building operation (not breach of the permit)?

Answer 19

within 4 years of the works being substantially complete

Question 20

Does planning permission run with the applicant or the land?

Answer 20

the land

Question 20

How long are planning permissions valid?

Answer 20

applicant must start works within 3 years of the approval of the application

Question 20

does you need a building permit to make a private orchard?

Answer 20

No it does not constitute “development”

Question 21

What is a class F land charge?

Answer 21

Spouse rights

Question 22

what is the self dealing rule?

Answer 22

a conveyance of trust property by one co-executor of an estate to another co-executor is voidable at the instance of any aggrieved beneficiary without limit in time.

Question 23

where is an agreement regarding repair and maintenance of a communal garden is recorded?

Answer 23

In the property register of the benefiting land. In the title of the burdening land.

Question 24

When can the liquidator apply to the court to set aside a transaction at an under-value?

Answer 24

if the company goes bankrupt within the next 2 years

Question 25

When can the liquidator apply to the court to set aside a sale of a proprty at an under-value?

Answer 25

if the seller goes bankrupt within 5 years

Question 26

how can you check if a property is held in common, as opposed to jointly?

Answer 26

if the property is held in common, the parties should have made an express declaration of trust as to the proportions on which they hold the interest, this would be seen as a Form A Restriction on the title in the Proprietorship Register.

Question 27

which searches should you make to check if there is a public right of way on land?

Answer 27

Eqnuiries of the Local Authority

Question 28

what is the only warranty that the seller gives?

Answer 28

that there are no latent defects to the title.

Question 29

does the doctrine of caveat emptor apply to defects in title?

Answer 29

yes but does not apply if the seller intentionally concealed latent defects in title. seller has no obligation to draw attention to patent defects in title.

Question 30

which properties does Flood Re insurance apply?

Answer 30

1- residential or buy-to let properties 2- purchase price must be below certain treshhold 3- must be built before 2009

Question 31

why does the seller's solicitor use the deposit as a stakeholder?

Answer 31

because it holds the deposit on behalf of both parties

Question 32

where a property is sold by someone who never lived in it (i.e. executioner of estate) what type of title guarantee should the seller give?

Answer 32

Limited title guarantee.

Question 33

What is a C(iv) land charge in a Land Charges Register?

Answer 33

an option to purchase a legal estate

Question 34

when does buyer obtain legal interest in a property?

Answer 34

after registration with HM Land Registry

Question 35

What type of interest does buyer have after exchanging contracts but prior to completion?

Answer 35

beneficial

Question 36

When is Law Society Formula A used?

Answer 36

when the buyer's solicitor sends the buyer's signed counterpart of the contract to the seller's solicitor, usually with the depost. The sellers solicitor then undertakes to send the seller's signed counterpart of the contract to the buyers solicitor same day - post or by DX. This is good for telephone conveyances

Question 37

What is Law Society Formula B?

Answer 37

is when each party owns their own copy of the sales contract already

Question 38

What is Law Society Formula C?

Answer 38

used in conveyances in chain link transactions

Question 39

when should you send the draft deed of transfer to seller's solicitor?

Answer 39

at least 12 working days before completion

Question 40

When should the sellers solicitor receive the engrossed deed of transfer from the buyer's solicitor?

Answer 40

at least 5 working days before completion.

Question 41

can sellers solicitor draft the transfer deed?

Answer 41

Only if they inserted special clause in the contract.

Question 42

when the sellers solicitor receives the draft transfer deed from the buyers solicitor, within how many days should they respond?

Answer 42

4 working days

Question 43

Does the buyer sign the deed of transfer?

Answer 43

only when there a re new obligations created and when the buyer is providing a personal indemnity to the seller.

Question 44

How many days of protection does the buyer get when he does an Official Search of the Register?

Answer 44

30 business days

Question 45

who runs the bankruptcy search?

Answer 45

buyers solicitor

Question 46

who runs the Official Searc?

Answer 46

buyers solicitor

Question 47

Who does the bankruptcy search on the buyer?

Answer 47

Buyer's solicitor

Question 48

What is a K-16 search

Answer 48

bankruptcy search against the buyer - borrower, it creates a 15 working day priority period which to complete the purchase and the mortgage. During this period, the lender is protected from any new entries in the Land Charges Registry relating to the borrower's insolvency

Question 49

where are bankruptcy orders registered?

Answer 49

Central Land Charges Registry

Question 50

if you did not specify in the contract when does completion occurr after exchanging contracts?

Answer 50

2pm 20 working days after contracts