REAL ESTATE

Question 1

exemption for professional law firms - ability for law firms to carry out a regulated cativity

Answer 1

s 327 FSMA 2000

Question 2

Definition of development: “carrying out of building, engineering, mining or other operations in, on, over or under land”

Answer 2

s 55 town and country planning act 1990 (TCPA)

Question 3

the requirements of a good root of title:

deal with or show who owns the entire estate that is being sold
contains recognisable description of the land
do nothing to cast doubt on sellers title
be at least 15 years old

Answer 3

s 44 LPA 1925

Question 4

a deed is must be in:

writing
make it clear on the fact it is a deed
be signed by the person granting the interest in the presence of a witness
be delivered as a deed

Answer 4

s 1(2) law of property (miscellaneous provisions) act 1989

Question 5

apply to the Upper Tribunal for modification or discharge of a covenant, on the grounds that the covenants is obsolete or confers no practical benefit or advantage

Answer 5

s 84 LPA 1925

Question 6

a parole lease does not require any formalities and will be binding on the buyer

Answer 6

s 54(2) LPA 1925

Question 7

binding contract for the sale of land: must be in writing, must incorporate all the agreed terms, must be contained in one document, and must be signed by the parties

Answer 7

s 1(2) LP(MP)A 1989

Question 8

a term is implied into a qualified covenant against making ‘improvements’ that the landlord cannot unreasonably withhold tis consent

Answer 8

s 19(2) LTA 1027

Question 9

any qualified covenant is transferred into a fully qualified covenants in the assignment or underlease of a commercial lease , meaning consent cannot be unreasonably withheld

Answer 9

s 19(1)(a) LTA 1927

Question 10

in assignment: landlord and tenants can agree in advance the conditions and circumstances where it would be reasonable for the landlord to refuse consent

Answer 10

s 19(1A) LTA 1927

Question 11

if there is a qualified covenant on assignment or underletting, and the tenant made a written application for consent, the landlord must within reasonable time, give consent, or explain why not.

Answer 11

s 1 LTA 1988

Question 12

what statute is the liability of privity of estate in a new lease?

Answer 12

s 3 Landlord and tenants act 1995

Question 13

where the landlord intends to pursue a former tenant for a breach of leasehold covenant, they must comply with this statutory provision, and serve a “default notice” saying they intend to recover a fixed charge from them. this must be served within 6 months of the breach.

Answer 13

s 17 landlord land tenant (covenants) act 1995

Question 14

the limit of the amount of damages is equal to the amount the landlords reversion diminished in value as a result of the disrepair

Answer 14

s 18 LTA 1927

Question 15

if the lease is granted for more than 7 years and has more than 3 years left to run, notice must be served on the tenant, saying the right to counter notice within 28 days.

this is also the case for forfeiture

Answer 15

s 146 Leasehold Property (repairs) act 1938

Question 16

statutory procedure of forfeiture:

serve a notice, which specifies the breach, requires the breach to be remedied within reasonable time, and require tenant to pay compensation for the breach.

if tenant does not comply, then landlord can forfeit.

Answer 16

s 146 LPA 1925

Question 17

for application of the 1954 act to apply, there must be a tenancy that is being occupied by the tenant for business purposes

Answer 17

s 23 landlord and tenants act 1954

Question 18

the grounds that the landlord can oppose the tenancys right to a new tenancy:

failure to repair
persistent delay in rent
substantial other breaches
alternative accomodation
underletting of part
demolish or reconstrct
intends to occupy themselves

Answer 18

s 30 1954 act

Question 19

service of a landlords notice to terminate a lease

Answer 19

s 25 1954 Act

Question 20

service of a tenants notice to request a new tenancy

Answer 20

s 26 1954 act

Question 21

tenants serving three months notice on the landlord to terminate the lease

Answer 21

s 27 1954 act