Things I'm still getting wrong

Question 1

Applying for a relief from forfeiture

Answer 1

A tenant can apply for a relief from forfeiture which is likely to be granted where this is not a long term breach

Question 2

What needs to happen when a landlord is contracting out a lease from 1954 act

Answer 2

The landlord should give notice to the occupier warning them the lease is to be contracted out of the 1954 act then the occupier should make a declaration that he has received the notice and agrees and the lease should be granted at least 14 days after the occupier received the notice.

Question 3

What do absolute covenants come with?

Answer 3

They come with a statutory procedure if they are to improve the property.

Question 4

Underletting

Answer 4

The landlord collects the rent from the head tenant who will remain liable under the tenant covenants under the lease

Question 5

Do you get an AGA with under letting?

Answer 5

No, AGAs are only for assignments

Question 6

Self help clause

Answer 6

A debt action to reimburse landlord

Question 7

Priority period afforded by K15 land search

Answer 7

15 working days and provided that completion takes place during that priority period the purchaser will take free of any entries registered during that period

Question 8

How long can the lease be for if the court grants an order for a new tenancy

Answer 8

The duration of the new lease will be such as is reasonable in the circumstances but cannot exceed 15 years; the rent will be the open market rent and the court can insert a rent review clause

Question 9

Optional enquiries of local authority (CON290) about registered land

Answer 9

Should raise this where a client is purchasing land that has not previously been developed in order to find out whether there are any common rights over it

Question 10

What should a TR1 contain?

Answer 10

An indemnity from the assignee to the assignor to observe and perform the convenants in the lease if the assignor is giving an AGA

Question 11

First registration of an unregistered title

Answer 11

Solicitor should send a completed land registry form FR1 plus the appropriate fee and accompanying documentation to the land registry within 2 months of completion

Question 12

Key provisions to be included in the licence to under let

Answer 12

The consent of the freeholder to the grant of the under lease by the tenant to the business and a direct covenant from the business to the freeholder to perform the convenants in the lease (other than the non-payment of rent) and the under lease

Question 13

Stamp duty land tax

Answer 13

Payable within 14 days of completion

Question 14

Landlords consent and SCs

Answer 14

Under the SCs either party may rescind the contract by notice if the landlords consent has not been given 3 working days before completion but the contract does not terminate automatically and the parties may chose not to rescind if they both still want the assignment to go ahead and believe that the landlords consent will be forthcoming after an acceptable delay

Question 15

What will the seller’s solicitor do?

Answer 15

Draft the contract

Question 16

What will the buyer’s solicitor do?

Answer 16

Draft the transfer deed

Question 17

Absolute leasehold title

Answer 17

If the landlord has absolute leasehold title then they do not need to deduce title

Question 18

If a sale does not go ahead before exchange of contracts happens will the client recover the cost of their wasted conveyancing costs?

Answer 18

No.

Question 19

Does the seller have a duty to disclose physical defects in the property?

Answer 19

No. As long as they do not provide a misleading reply to a specific enquiry.

Question 20

Does a local land charges search or enquiries of the local authority disclose any chancel repair liability?

Answer 20

No

Question 21

Does a local land charges search or coal mining search provide information on contaminated land issues?

Answer 21

No, but a local authority enquiry and desktop environmental search report will.

Question 22

What to ask from a potential tenant who is a company formed 2 years ago?

Answer 22

Check mortgage permits the grant of a lease and should suggest that the client requests references from the prospective tenants current landlord and considers requesting a guarantee and a rent deposit

Question 23

What actions must the tenant take to assign the lease

Answer 23

The tenant should obtain any necessary consents from the landlord before the lease is assigned

Question 24

Landlord consent (6 month rule)

Answer 24

If consent has still not been obtained by 6 months after the original completion date, either party May rescind the contract by serving notice on the other

Question 25

What if a lease has the provision for renewal?

Answer 25

It was have the protection of the 1954 act

Question 26

When is a landlord prevented from serving an effective S.146?

Answer 26

A landlord is prevented from serving an effective S.146 notice in respect of any breach by a tenant under a long lease of a covenant or condition unless either the tenant has admitted the breach or it has been finally determined that the breach has occured by the appropriate tribunal, a court or an arbitral tribunal

Question 27

How to get money back from a former tenant under an AGA?

Answer 27

Must serve a default notice which must be served on the former tenant within 6 months of that sum becoming due and payable