SQE2 Property Advice (Interview/Writing/C&M) Flashcards

Question

Your client is concerned that the local authority will brind action for their breach of **building regulations**. The property is in **Wales**. Explain the possible options and time limits.

Answer 1

The rules apply only to Wales for Building Regulations: (a) **Prosecution**: They can sue the builder, installer or main contractor up to 6 Months after discovery of the breach, subject to a limit of 2 years after completion of the work. (b) **Enforcement Notice:** Thy can serve a notice giving you 28 days to alter or remove the work. The deadline for this is 1 Year After Completion. (c) **Injunction**: The authority can always (unlimited time) apply for an injunction per s36(6) Building Act 1984. Usually this will only be if the work is dangerous.

Answer 2

The rules apply only to England for Building Regulations: (a) **Prosecution**: They can sue the builder, installer or main contractor at any point in the future - unlimited. (b) **Enforcement Notice:** They can serve a notice giving you 28 days to alter or remove the work. The deadline for this is 10 Year After Completion. (c) **Injunction**: The authority can always (unlimited time) apply for an injunction per s36(6) Building Act 1984. Usually this will only be if the work is dangerous.

Answer 3

(a) **SDLT paid on Premium** * This is the price paid for the property (b) **Second Residential Propert**y * If this is their second residential property, an dditional 3% is payable on the entire price payable. (c) **First Time Buyer Rates** * If the buyer is a first time buyer, this may apply. * All purchasers must be first time buyers (not only one) * Property cannot be more than £625k * If applicable, £0 - £425k @ 0% ; £425k - £625k @ 5% (d) **Payment** * Paid within 14 days of the effective date. This is usually completion but could be from occupation if earlier. * Buyer will receive SDLT 5 Certificate.

Answer 4

(a) **Paid on the...** * **Both** Premium and NPV * The same for Residential and Non-Residential. (b) **Second Residential Property** * If this is their second residential property, an dditional 3% is payable on the entire price payable. (c) **First Time Buyer Rates** * If the buyer is a first time buyer, this may apply to the premium. * All purchasers must be first time buyers (not only one) * Property cannot be more than £625k (d) **Payment** * Paid within 14 days of the effective date. This is usually completion but could be from occupation if earlier. * Buyer will receive SDLT 5 Certificate.

Answer 5

(a) **Paid on the...** * Residential Leasehold : Paid on Premium Only * Non-Residential Leasehold: Paid on both Premium and NPV (b) **Second Residential Property** * If this is their second residential property, an additional 3% is payable on the entire price payable. (c) **First Time Buyer Rates** * No first time buyer relief in Wales. (d) **Payment** * Must be calculated and paid within 30 days of the effective date. This is usually completion but could be from occupation if earlier. * Buyer will receive a WRA Certificate.

Answer 6

(a) **Paid on the Premium Only** (b) **Second Residential Property** * If this is their second residential property, an additional 3% is payable on the entire price payable. (c) **First Time Buyer Rates** * No first time buyer relief in Wales. (d) **Payment** * Must be calculated and paid within 30 days of the effective date. This is usually completion but could be from occupation if earlier. * Buyer will receive a WRA Certificate.

Answer 7

* **CPSE 1:** Applies to **all commercial property transactions**. Covers boundaries, benefits and burdens, condition, contents, utilities, planning and building regulations, VAT treatment. * **CPSE 2:** Applies where property is **subject to commercial tenancies**. * **CPSE 3:** Applies on the **grant of the new lease.** Note, the buyer can raise whatever enquiries they like. Seller’s solicitor may decide to respond if they feel that they are irrelevant. | CPSE 2

Answer 8

* **TA6**: **General property information** form that is always used and covers matters such as boundaries, benefits/burden, disputes, complaints, alterations, permission, utilities. * **TA10**: **Fittings and content** form excluded/included in the sale. Always used. * **TA7**: Only used where the property is a **long leasehold**. * **TA8**: Only used where the property is a **new build**. Note, Buyer’s solicitor may only raise additional enquiries to clarify issues arising out of documents provided, or relevant to title, use, location and nature of the property.

Answer 9

(a) **SCS Interest** * Payable once completion date has occurred * Buyer pays interest on price less any deposit paid * Law Society Interest Rate: 4% above Barclays Base Rate * Not Available if Contract Rescinded (b) **Common Law Damages** * Even if rescinded, common law damages claimed * Any interest under SCS is deducted from such a sum. (c) **Recession** * Seller can serve notice to complete * Service makes time of the essence * If buyer hasn’t paid full 10% deposit, they must pay the 10% immediately irrespective of the % agreed upon. * Parties must complete within 10 working days commencing the day after the notice is served * If the buyer fails within 10 days, the remedies follow… i. Seller may rescinds; and ii. Seller forfeits the deposit and any interest; and iii. Seller resells the property; and iv. Seller also claims contractual damages.

Answer 10

(a) **SCS Interest** * Payable once completion date has occurred * Seller pays interest on the full purchase price * Law Society Interest Rate: 4% above Barclays Base Rate * Not Available if Contract Rescinded (b) **Common Law Damages** * Even if rescinded, common law damages claimed * Any interest under SCS is deducted from such a sum. (c) **Recession** * Buyer can serve notice to complete * Service makes time of the essence * Parties must complete within 10 working days commencing the day after the notice is served * If the seller fails within 10 days, the remedies follow… i. Buyer may rescinds; and ii. Demands return of deposit with accrued interest; and iv. Buyer also claims contractual damages; or v. Alternatively, request specific performance

Answer 11

* Starts on the **same** date specified: 9th July 2024 * Expires **day before** day specified: 8th July 2025

Answer 12

* Starts on day **after** the date specified: 10th July 2024 * Expires the **same day** specified: 9th July 2025

Answer 13

(a) **Assume**... * Willing Landlord & Tenant * Tenant Has Complied With Obligations (b) **Disregard**... * Tenants Voluntary Actions * Effect of Tenant Occupation on Rent * Goodwill Attached to Tenant

Answer 14

This is a **Full Repairing Obligation** This is onerous - To put the premises into repair and maintain it at such a standard

Answer 15

This is a **Full Repairing Obligation** This is onerous - To put the premises into repair and maintain it at such a standard

Answer 16

This is a **Qualified Repairing Obligation** This is less onerous - Specified to make clear that there is no obligation to put into repair

Answer 17

Tenant is free to carry out alterations without explicit consent subject to the doctrine of ‘waste’

Answer 18

Alterations are **not** allowed. Tenant can request permission, but the landlord has no obligation to even consider a request. ............... However, note that if tenant proposes improvements, even if it contains an absolute covenant, the tenant may rely on **s.3 LTA** by serving notice on landlord of an intention to carry out improvements. The landlord may... * **Offer to carry out the works** itself and increase rent to cover the cost > If tenant refuses, cannot ask court for permission. * **Doesn’t object within 3 months** > Tenant can carry out the improvements * **Objects**: Tenant can apply for court permission.

Answer 19

Alterations are only permitted with consent However, **s.19(2) LTA converts** it to a fully qualified covenant if the tenants thinks it is an improvement. Consequently, the Landlord must act reasonably in deciding whether to withhold consent. They must do so: * In writing; and * Within a reasonable time (28 days). Note, s.3 LTA is also available so that the tenant can serve notice, and if necessary apply for court permission.

Answer 20

Landlord must act reasonably in deciding whether to withhold consent. They must do so: * In writing; and * Within a reasonable time (28 days). Note, s.3 LTA is also available so that the tenant can serve notice, and if necessary apply for court permission.

Answer 21

Tenant is free to use in any way desired without explicit consent

Answer 22

Changes of Use are not allowed. Landlord has no obligation to consider request.

Answer 23

Only permitted with consent There is no automatic conversion to a full qualified covenant.

Answer 24

Landlord must act reasonably in deciding whether to withhold consent. They must do so: * In writing; and * Within a reasonable time (28 days).

Answer 25

Tenant is free to assign without explicit consent

Answer 26

Assignment is not allowed. Landlord has no obligation to consider request.

Answer 27

Only permitted with consent s.19 LTA converts it to a fully qualified covenant. Therefore, landlord must act reasonably in deciding whether to withhold consent.They must do so: * In writing; and * Within a reasonable time (28 days). Reasonable refusal may include proposed use (e.g. a shopping centre rules on mixing) or justifiable concerns about ability to pay rent. A landlord cannot withhold consent on grounds not related to the tenant/landlord relationship

Answer 28

Landlord must act reasonably in deciding whether to withhold consent.They must do so: * In writing; and * Within a reasonable time (28 days). Reasonable refusal may include proposed use (e.g. a shopping centre rules on mixing) or justifiable concerns about ability to pay rent. A landlord cannot withhold consent on grounds not related to the tenant/landlord relationship

Answer 29

Tenant is free to underlet without explicit consent

Answer 30

Underletting is not allowed. Landlord has no obligation to consider request.

Answer 31

Only permitted with consent s.19 LTA converts it to a fully qualified covenant. Landlord must act reasonably in deciding whether to withhold consent. They must do so: * In writing; and * Within a reasonable time (28 days). The landlord can **limit the underletting** to prohibit underletting.... * with a property that does not belong to the landlord; * on payment of a lump sum; or * with a rent free period beyond what is normal in the market. * at a rent no lower than that in the tenant’s lease; * with covenants less onerous than in tenant lease

Answer 32

Landlord must act reasonably in deciding whether to withhold consent. They must do so: * In writing; and * Within a reasonable time (28 days). The landlord can **limit the underletting** to prohibit underletting.... * with a property that does not belong to the landlord; * on payment of a lump sum; or * with a rent free period beyond what is normal in the market. * at a rent no lower than that in the tenant’s lease; * with covenants less onerous than in tenant lease

Answer 33

This lease falls under the Old Lease Regime: (a) **Breaches Committed Before Assignment:** * Outgoing landlord remains liable for their breaches * Outgoing tenant remains liable for their breaches * Incoming assignee **not** liable for pre-assignment obligations. (b) **Breaches Committed After Assignment** * Liability of original landlord continues for full lease * Liability of original tenant continues for full lease * Assignee not be liable **unless** they entered into a direct covenant in the licence to assign

Answer 34

This lease falls under the New Lease Regime: (a) **Breaches Committed Before Assignment:** * Outgoing landlord remains liable for their breaches * Outgoing tenant remains liable for their breaches * Incoming assignee **not** liable for pre-assignment obligations. (b) **Breaches Committed After Assignment** * **Original Landlord:** The landlord can apply for release from the tenant. If refused, they can apply to court. * **Original Tenant:** Automatic release of the assignor. However, if the outgoing tenant provided an **AGA**, the landlord could sue the former tenant who is guaranteeing the obligations of their **immediate** successor . An outgoing tenant should ensure their assignee enters into an express indemnity covenant to pay rent and perform covenants. * **Assignee**: Automatic transmission of the benefit and burden of all covenants to the assignee/revisionar. Liable if they breach a covenant.

Answer 35

(a) **Deduce** title (b) **Respond** to queries; (c) **Prepare draft** lease (d) **Engross** the agreement (c) Obtain **Landlord signature** and send to tenant

Answer 36

(a) **Review draft** lease (drafted by landlord) (b) **Investigate title** (c) Raise pre-contract **enquiries** (d) Complete **searches**; (e) Arrange tenant to **sign counterpart**

Answer 37

Exchange contracts, usually Formula B No deposit is usually payable

Answer 38

(a) **Prepare** original & counterpart lease (b) Obtain landlord signature; (c) Send counterpart to tenant (d) Prepare/send **completion statement**

Answer 39

(a) Arrange for **tenant to sign counterpart** lease (b) **Obtain funds** from client (c) Raise **pre-completion searches** (OS1/OS2/OS3)

Answer 40

(a) **Agree over phone** to complete & date (b) **Send** completed original and counterpart to each other

Answer 41

(a) **Send monies** to landlord solicitor (b) **Agree over phone** to complete & date (c) **Send completed original and counterpart** to each other

Answer 42

(a) Require an **undertaking for costs** (b) **Drafts licence to assign** - the licence should contain a direct covenant by the assignee

Answer 43

(a) **Applies for consent** from landlord (b) Drafts the contract (c) Assignee solicitor **reviews draft contracts** - the landlord is not normally party to the contract. (d) If applicable, **provide AGA**.

Answer 44

(a) Raises CPSE1 enquiries and CPSE 4 enquiries (b) Reviews draft contracts - the landlord is not normally party to the contract. (c) **Provide Landlord with Direct Covenant**

Answer 45

They are not involved It is now between the assignor (currrent tenant) and assignee.

Answer 46

Prepares a completion statement, calculating attribution of rent due

Answer 47

(a) Conduct pre-completion searches (b) **Drafts deed of assignment**.

Answer 48

**Receives notice**e of the assignment/underlease within a month that the transaction has been completed.

Answer 49

(a) **Receipt of Monies** from assignee (b) Execution and receipt of original/counterpart (c) **Sends notice of the assignment** to landlord **within a month** that the transaction has been completed.

Answer 50

Execution and receipt of original and counterpart underlease

Answer 51

(a) Requires an undertaking for costs (b) **Drafts licence to underlet**

Answer 52

(a) **Applies for consent** from landlord (b) **Drafts the underlease.** (c) Tenant must **deduce leasehold title** as follows for the under tenant: * Lease over 7 years: provide official copy of registered leasehold title. * Lease is 7 years or under: provide an official copy of the landlord’s freehold title with a copy of the lease

Answer 53

(a) Carry out all the usual searches. (b) **Provide Landlord with Direct Covenant**

Answer 54

Not Involved

Answer 55

Prepares a completion statement, calculating attribution of rent due

Answer 56

Pre-completion searches

Answer 57

**Receives notice of the underlease** within a month that the transaction has been completed.

Answer 58

(a) Execution and receipt of original and counterpart underlease (b) **Sends notice of the underlease** to landlord within a month that the transaction has been completed.

Answer 59

Execution and receipt of original and counterpart underlease

Answer 60

Fixed terms tenancies **longer** than 6 months **are covered** so long as it is.... (a) **Occupied by the Tenant** This excludes... * Vacant Premises * Underlet Whole * Part of an underletting of the part (b) **For the purposes of business** This includes... * Trade and Business * Charity Shops * Members Clubs * Residential Uses (c) **Not an excluded lease**: * Agricultural tenancies * Mining leases * Service tenancies * Tenancy at Will

Answer 61

It depends on the term: (a) **Renewable** * If the lease is renewable beyond 6 months, it is covered (b) **Successive tenancies** * If the tenant has been in occupation for at least 12 months through successive tenancies , it is covered. If it is **neither** renewable beyond 6 months nor 12 months of successive occupations, it is an **excluded lease.**

Answer 62

Whilst periodic leases can be covered by security of tencure, you **cannot** contract out of the provisions for periodic leases.

Answer 63

Your client can contract out. (a) **Landlord serves a warning notice** on the tenant. This should detail the consequences of contracting out before the parties complete the lease. (b) The **tenant must sign a deceleration** before completing the lease. The method depends on how far away completion is from the date the decleration is made: * Completion is **at least 14 days** from the warning notice: Simple signed declaration * Completion is **less than 14 days** away: Statutory declaration before a solicitor (c) The **lease must contain reference** to the notice and declaration

Answer 64

Serve a hostile s.25 notice. to oppose renewal of the lease. There are seven grounds on which the landlord can oppose renewal: * Persistent and Serious breach of a repairing obligation * Persistent delay paying rent * Serious & persistent breaches of covenants * The landlord offers suitable alternative accommodation * Landlord intends to demolish or reconstruct premises * Landlord intends to occupy the premises for itself and has owned the reversion for at least 5 years before termination.

Answer 65

* Repairing Breach (Discretionary - Non Compensatory) * Rent Delay (Discretionary - Non Compensatory) * Covenant Breaches (Discretionary - Non Compensatory) ... * Alternative Accomodation (Mandatory - Non Compensatory) ... * Demolishion or Reconstruction (Mandatory - Compensatory) * Landlord Occupation (Mandatory - Compensatory) **If compensation is payable....** * Occupied for less than 14 years: 1% Rateable Value * Occupied for 14 years or more: 2 % Rateable Value

Answer 66

(a) Date of termination **cannot be before** contractual term ends (b) The notice must be **served between 6 - 12 months before** the proposed termination date (c) **Served on the correct landlord**: * s.25 and s.26: Competent landlord - the first to own a revisionary interest that will not end within 14 months. * s.27: Immediate Landlord even if they are not competent.

Answer 67

They can serve a friendly s.25 notice for the the lease to commence the day after the date of termination It proposes the rent to be paid and the terms of renewal.

Answer 68

They can serve a s.26 notice if the conditions are satisfied... * Lease originally granted was for a contractual term of **more than 1 year** * It is served **within the 6-12 months before** the proposed term commencement date * It is served on a **competent landlord** .... If served correctly, there are three possible outcomes: (a) **No counter-notice served**. Landlord Agrees: Parties enter into a lease (b) No counter-notice served. **Landlord Fails to Respond**: Tenant can apply to court **after two months** have elapsed from the s.26 notice, no later than the proposed commencement of the new lease. (c) **Landlord Serves Counter Notice:** A landlord has 2 months from the s.26 notice to serve a counter-notice. The parties may apply to court after the landlord served a counter-notice.

Answer 69

Tenant can apply to court **once two months have elapsed from the s.26 notice**, no later than the proposed commencement of the new lease. The court **could** grant a term of up to 15 years, open market rent.

Answer 70

(a) **Order for Terms:** If parties are unable to agree, court can grant a term of up to 15 years, open market rent. (b) **Order to grant a new lease:** Tenant can apply for an order to grant a new lease, even if the landlord opposed the renewal. If the tenant does not like the terms of the order, it has 14 days to ask the court to revoke the order - they must agree but the tenant loses the right to renew. (c) **Order for termination of the existing lease:** A landlord opposing renewal (s.26 or s.25) can apply for an order for termination of the existing lease. This brings the existing lease to an end, following there is no right to remain in occupation.

Answer 71

They can serve a s.27 notice. The tenant must **give notice 3 months of the intended termination date**, which must be no earlier than the end of the contractual term. Once a s.27 notice has been served, the tenant cannot serve a s.26 notice, nor the landlord serve a s.25 notice. During period of holding out and negotiation, the tenant pays rent as it was last reviewed.

Answer 72

(a) **Option 1: Commercial Rent Arrears Recovery (CRAR)** * Self-help remedy that enables landlords to recover rent arrears from tenants without going to court by appointing enforcement agents to collect rent or seize goods * The premises must be purely commercial * Minimum of 7 days principal rent is owed * The lease has not been forfeited * It can only be used for principal rent + VAT & Interest (service charges excluded). (b) **Option 2: Damages** * Apply to court for contractual damages. * However, this is limited to the reduction in the value of the reversion which often remains unaffected. (c) **Option 3: Action in Debt** * A landlord can issue proceedings to recover debt such as unpaid rent, service charges or insurance rent * Limited in rent in the 6 years before the issue of proceedings

Answer 73

Include a **Jervis v Harris** clause giving the landlord the right to (i) Enter the property; (ii) Carry out repairs; and (iii) Recover the cost of the repairs. This is only available for breach of repairing covenants, and must be included in the lease. However, the cost of carrying out the repairs is treated as debt and can be recovered in full without needing to serve a s.146 notice.

Answer 74

No. Forfeiture is not an automatic right. It is only permitted as the lease provides.

Answer 75

Yes Landlord is entitled to forfeit as soon as the lease allows. No need for a s.146. There are two options: (a) Peaceable Re-Entry; or (b) Court Forfeiture Order

Answer 76

**Serves a s.146 notice** that * details the alleged breach; and * gives reasonable opportunity to remedy the breach; * failing which, the landlord is able to forfeit. There are two methods: (a) Peaceable Re-Entry; or (b) Court Forfeiture Order

Answer 77

If the landlord acts in a way that acknowledges the continuing existence of the lease, the landlord risks losing the right of forfeiture. Implied waiver includes the landlord…. * Unequivocally recognising existence of lease; * With knowledge of the breach; and; * Communicates that act to the tenant. **Whether the right to forfeit re-occurs depends on the breach:** (a) **Once and For All Breach:** Once waived, the right never arises again for that breach. Includes: * Non-payment of rent * Unlawful assignment * Unlawful Underletting * Insolvency Event (b) **Continuing Breach:** Each day breach continues, the landlord regains the right to forfeiture. Includes: * Failure to keep premises in repair; * Breach of user covenant; * Failure to insure.

Answer 78

**Form AP1** Failure to submit within priority period (30 working days from OS1/OS2) may result in registered interests binding

Answer 79

**Form FR1** Within 2 Months of Completion. Failure will render transaction void and legal title will revert to seller, leaving only equitable title.

Answer 80

Each deed must be signed, sealed and delivered

Answer 81

Signed and Delivered No need for a seal.

Answer 82

Stamp Duty has been paid if each deed is stamped with an **ad valorem stamp**

Answer 83

Particulars Delivered Stamp with **Certificate for Value**

Answer 84

Property Register

Answer 85

Property Register

Answer 86

Property Register

Answer 87

Property Register

Answer 88

Proprietorship Register

Answer 89

Proprietorship Register *and* Charges Register

Answer 90

Proprietorship Register

Answer 91

Charges Register

Answer 92

**6 Months** after discovery of the breach Subject to a limit of 2 years after completion of the work.

Answer 93

**1 Year** After Completion

Answer 94

Unlimited Time

Answer 95

Unlimited Time

Answer 96

10 Year After Completion

Answer 97

Unlimited Time

Answer 98

Within 4 years of substantial completion

Answer 99

Within 4 years of commencement of the building work Note, a stop notice can never be used to prohibit use as a dwelling house

Answer 100

Within 10 years of of the change or breach

Answer 101

Within 4 years of substantial completion ## Footnote Note, in Wales there is no difference between work completed before or after 25 April 2024. The time limits are the same unlike England.

Answer 102

Within 4 years of commencement of the building work ## Footnote Note, in Wales there is no difference between work completed before or after 25 April 2024. The time limits are the same unlike England.

Answer 103

Within 10 years of of the change or breach ## Footnote Note, in Wales there is no difference between work completed before or after 25 April 2024. The time limits are the same unlike England.

Answer 104

**10 Years for all breaches** Subject to the prohibition on using stop notices to (a) Prohibit use as a dwelling house; and (b) Prohibit activities carried out for more than 4 Years

Answer 105

**10 Years for all breaches** Subject to the prohibition on using stop notices to (a) Prohibit use as a dwelling house; and (b) Prohibit activities carried out for more than 4 Years

Answer 106

**10 Years for all breaches** Subject to the prohibition on using stop notices to (a) Prohibit use as a dwelling house; and (b) Prohibit activities carried out for more than 4 Years

Answer 107

Positive covenants will only bind if there is a **chain of indemnity** To ensure the next owner absolves the original covenantor of liability if a positive covenant is breached, an indemnity covenant is used. If the chain is broken, the liability will lie with the last person to give an indemnity. If you give an indemnity, and should you breach the covenant and the benefit holder sues the original coventee, they may proceed to claw back the costs from you, the new owner. If you refuse to give such a covenant (and continue the chain) the sellers may refuse to proceed with the sale. However, you could provide an indemnity and then.... (a) Obtain indemnity insurance; if refused (b) Approach the person with the benefit for consent to breach the covenant Note, the upper tribunal **cannot** discharge positive covenants.

Answer 108

Law Society Interest Rate **4% above Barclays Bank Base rate**

Answer 109

Tenant does not need to agree. However, if tenant refuses, they cannot ask the court for permission. Therefore, they should agree if they wish for the improvements to be made.

Answer 110

You must wait 3 months. If the Landlord doesn’t object within 3 months, the tenant can carry out the improvements

Answer 111

If the landlord objects, the tenant can **apply for court permission**. Permission may be granted if the imrpovements.... * Add to the letting value; * Are reasonable * Suitable to the character * Will not diminish the value of any other property belonging to the landlord

Answer 112

**s.62 LPA** * Only a grant, not reservation * The right must have been enjoyed by the landowner at the time of the conveyance for it to be converted into an easement. (a) Diversity of ownership or occupation prior to the conveyance; or (b) Unity of occupation but usage was ‘continuous and apparent’

Answer 113

An additional 3% SDLT is payable on 'second homes' and 'additional properties' You should arrange the transaction in such a way that (a) you don't pay the additional 3% on both new purchases (sell the property before you purchase one); and (b) you purchase the most expensive property first so that the additional 3% is payable on the lesser premium. For example.... (a) Sell pre-owned property (b) Purchase expensive property (normal SDLT) (c) Purchase cheaper property (Additional SDLT at 3%)

Answer 114

* **Sever** share by written notice * Enter into a **land contract** * Notify any morgage lender (gain consent) * Complete TR1 to transfer share * Submit AP1 to Land Registry * Buyers will need to pay SDLT If the purchaser is taking on any remaining morgage (and discharging your client from the debt) then that is seen as part of the consideration price for SDLT purposes > **morgage apportionment** should be in the contract.

Answer 115

It must be transferred or created by **deed** validly executed and delivered - usually **TR1** is used

Answer 116

S.62 may convert the informal right to an implied easement. Since (a) There was **prior diversity of occupation** there is no need to consider whether it was apparent continuous (which it would not be if not sued for 15 years) (b) An **informal permission or licence** was granted to the occupier of the dominant land to use the servient (c) There is a **conveyance** (transfer by deed or a leagal lease) of the dominant tenenment On this approach s.62 could upgrade the use despite it not being used for a while. However, it must be show the seller had an informal permission even if a long time ago.

Answer 117

Since there is no diversity of occupation, for s.62 to apply, you must consider whether the use of the seller was "continuous an apparent" Since he hasn't used it for 15 years, its unlikely to suceefd to upgrade to an implied easement.

Answer 118

The only modes of implied acquisition that will work in a reservation situation are **necessity and common intention** Neither the rule in Wheeldon v Burrows nor s 62 of the Law of Property Act 1925 will work in a reservation situation.

Answer 119

It can only be an easement if there is no excessive use. Apply *Batchelor* as confirmed in *Polo Woods* Does the right to park “leave [the servient owner] without any reasonable use of his land, whether for parking or anything else”?

Answer 120

If the land is not effected by conveyance, consider below **Wheeldon v Burrows**. This is because, s.62 PA requires a grant or transfer of a legal estate or legal mortgage by deed (conveyance).

Answer 121

A feature which would be seen on inspection, and which is neither transitory nor intermittent. For example.... * Visible signs of a track * Made **use of within a reasonable period** before the conveyance

Answer 122

An easement may be implied provided it can be shown that both parties intended that it should be granted. Simply: (a) There is evidence of a **common intention** between the parties that the land was to be put to some definite and particular use or purpose, and (b) An easement is necessary to give effect to that stated use or purpose. *For example*, if parties itnend to build a dwelling house on land sold, it may be considered that connections to essential services are necessary for that purpose. ## Footnote Note, this is available for reservations also. However, court will be slow to depart the general proposition of Wheeldon v Burrows that if a grantor wishes to reserve an easement, he should do so expressly.

Answer 123

**Compulsorily registrable** This triggers first registration of the lease which must take place within 2 months of the grant of the lease if unregistered land.

Answer 124

The lease **does not** need to be registered and, instead, such a lease will be overriding under Schedule 3, Paragraph 1 of the LRA. However, it **may** be registered if between 3 and 7 years.

Answer 125

**Cannot be regisered**

Answer 126

CON29 (Local Search)

Answer 127

CON29 (Local Search)

Answer 128

CON29 (Local Search)

Answer 129

LLC1 Local Land Charges

Answer 130

LLC1 Local Land Charges

Answer 131

LLC1 Local Land Charges

Answer 132

LLC1 Local Land Charges

Answer 133

**CommercialDW** Send to Water Provider

Answer 134

**CON29DW** Send to Water Provider

Answer 135

**Desktop Environmental Search** Use provides such as * Groundsure * Epoch * Envirocheck

Answer 136

**Desktop Environmental Search** Use provides such as * Groundsure * Epoch * Envirocheck

Answer 137

**Desktop Environmental Search** Use provides such as * Groundsure * Epoch * Envirocheck

Answer 138

**Desktop Environmental Search** Use provides such as * Groundsure * Epoch * Envirocheck

Answer 139

Applicable if a property is in a parish where there is a pre-reformation church (1517). If so, obtain Indemnity Insurance depending on the below… (a) **Property not sold since 13 October 2013:** Obtain Indemnity Insurance. PCC could still enter a notice or caution (b) **Property has sold since 13 October 2013:** * PCC have entered notice: Possible Liability. Obtain Insurance * PCC have not entered notice: No Liability. No need for Insurance.

Answer 140

There could be Chancel Repair Liability Since the property hasnot sold since 13 October 2013, the PCC could still enter a notice or caution. **Obtain Indemnity Insurance.**

Answer 141

No Chancel Repair Liability. No need for Insurance.

Answer 142

Possible Chancel Repair Liability. Obtain Insurance

Answer 143

CON29O (Optional Enquiries)

Answer 144

CON29O (Optional Enquiries)

Answer 145

CON29O (Optional Enquiries)

Answer 146

CON29O (Optional Enquiries)

Answer 147

CON29O (Optional Enquiries)

Answer 148

Highways Search

Answer 149

CON29M (Coal Mining)

Answer 150

Cheshire Salt Search

Answer 151

Tin, Clay, Limestone Search

Answer 152

**Environmental Phase 1** This provides for a Site Inspection Use providers such as Groundsure

Answer 153

**Environmental Phase 2** Use providers such as Groundsure

Answer 154

Flood Search

Answer 155

**Waterways (Canal & River Trust) Search** Searches show liability for maintenance, and liability for flooding.

Answer 156

Contact Utility Providers Directly

Answer 157

**Railway Enquiry** Contact Relevant Train Company Directly

Answer 158

1. **Apply for consent** from landlord and recieve licence to assign 2. Provide landlord with **undertaking for costs** 2. **Draft** the contract 3. Provide **AGA**. 4. **Exchange** Contracts: Fromula B 5. Prepare **completion statement** 6. **Execute Deed** of assignment 7. Send **notice** to landlord within a month of completion.

Answer 159

1. Raise CPSE1 & CPSE 4 **enquiries** 2. **Exchange**: Formula B 3. **Review draft** contract 4. Provide Landlord with **Direct Covenant** 5. Pre-completion **searches** (OS1/OS2) 6. **Drafts deed** of assignment. 7. **Execution** of deed

Answer 160

1. Require an undertaking for costs 2. **Drafts licence to assign** containing a direct covenant by the assignee 3. Receives notice of the within a month that the transaction has been completed.

Answer 161

1. **Apply for consent** from landlord and recieve licence to underley 2. Provide landlord with **undertaking for costs** 3. **Deduce** leasehold title. * Lease *over* 7 years: provide official copy of registered leasehold title. * Lease is 7 years or *under*: provide an official copy of the landlord’s freehold title with a copy of the lease 4. **Draft** the underlease 4. **Exchange** Contracts: Fromula B 5. Prepare **completion statement** 6. **Execute Underlease** 7. Send **notice** to landlord within a month of completion. | Note, no AGA for underletting. Only for assignment.

Answer 162

1. Raise CPSE1 & CPSE 4 **enquiries** and usual searches. 3. 2. Provide Landlord with **Direct Covenant** 3. **Exchange**: Formula B 4. Pre-completion **searches** (OS1/OS2) 5. **Execution** of underlease

Answer 163

1. Require an undertaking for costs 2. **Drafts licence to underlet** containing a direct covenant by the undertenant 3. Receives notice of the within a month that the transaction has been completed.

Answer 164

**Greeting:** Good morning/afternoon, thank you for coming in. My name is X. I am a solicitor in the X department at … **Form of Address**: Can I start by asking, how would you like to be addressed? **Contact Details:** A piece of admin before I set out an agenda for today: What is the best way for us to contact you? Please could I take your * Phone number * Email * Address * Preferred method of communication **Agenda:** Now, in terms of what we’ve got to do today. We will start with a discussion about…

Answer 165

Thank you for all that information. Let me explain to you what happens next. I will make a note of this meeting for the partner, then will send you a **letter of advice.** I will prepare and send out a **client care letter** and terms and conditions of your firm following the meeting. We are likely to require **two forms of ID**, one giving your ’s address (such as a utility bill) and one the other confirming your ’s identity (such as a passport) We plan to do that by end of the week. Is that all ok with you?

Answer 166

* Company’s full name * Registered company number * Registered company office * How many directors are there * Nature of the company

Answer 167

Has the Board approved this transaction? Is there a consensus on the board regarding the transaction?

Answer 168

* Ask about whether they have a letting agent? * Name of agent * Name of agency * Contact details of agent * At what stage are they? * Would you like us to correspond directly with your agent or go through you for all enquiries?

Answer 169

How **long** do you want the term of the lease to be? Would you flexible if a tenant would like a longer/shorter term? Would you be flexible in terms of **type** of lease - fixed term or periodic?

Answer 170

Would you like a break or **break clause** to be included as standard? Would you prefer a fixed break date or a rolling one? What should the **notice period** be to be able to exercise the break?

Answer 171

Would you like me to clarify the meaning of security of tenure and the consequences on the lease: Would you like to **contract out**, which means serving notice on parties before completing the lease/at negotiation stage?

Answer 172

What will the **annual rent** be? **When** will rent be payable? For example, will annual rent be demanded quarterly? Is **VAT** going to be charged on rent? Will there be a **rent-free period**? Do you intend for a **rent review**?

Answer 173

Will you be insuring the whole of the **building**? What will you be insuring? b. Will the tenant be responsible for insuring its own **contents** in the Property? Are you happy to agree to **rent suspension** in the event the property is damaged by an insured risk?

Answer 174

Will the tenant be allowed to make **internal, non-structural alterations** to the Property? With or without your prior consent (written?)? Will the tenant be allowed to make any **structural changes**? Would you like to include a condition that all alterations must be removed by the end of the term of the lease?

Answer 175

What is the **permitted use** of the property? Are you prepared to consider a change of use?

Answer 176

Will the tenant be allowed to assign/sell the lease without prior written **consent** from you? Would you like there to be any **conditions** for you to give consent to assign/sell the lease? [e.g. AGA?]

Answer 177

Will the tenant be allowed to underlet the whole and/or part of the property? Will the tenant be allowed to share the property?

Answer 178

What **condition** is the building currently in? Will the tenant or you be responsible for the maintenance of the **external and structure** of the building? What repairing obligation would you like to impose on the tenant? **Full or Qualified?**

Answer 179

Basic Band: **18%** (no longer 10%) Higher Band: **24%** (no longer 24%) 10% for gains qualifying for Business Asset Disposal Relief and Investors’ Relief. This remains unchanged.

Answer 180

(a) Specify the **breach** (b) Require the tenant to remedy the breach within a **reasonable time.** (c) Require the tenant to pay **compensation** for the breach.

Answer 181

If the lease satisfies the requirments of the Leasehold Property (Repairs) Act 1938 (‘LP(R)A’) then the s.146 notice must also inform the tenant that they are **entitled to serve a counter-notice** within 28 days. If served, the landlord will require leave of the court before proceeding with the forfeiture