1
Q
Preliminary matters
If acting for the buyer, what is the first thing you should advise them to do?
A
Carry out a physical inspection of the property to determine whether there are any structural defects or problems which might affect the value
2
Q
Preliminary matters
What are the three requirements for a solicitor to represent their buyer and the lender?
A
- Lender is an institutional lender
- Standard certificate of title is provided
- Confidentiality as to both parties is maintained
3
Q
Preliminary matters
What is required for the buyer’s solicitor to disclose information to the lender, and what must happen if this does not occur?
A
The buyer’s consent. If the buyer wishes for the solicitor to keep something from the lender, the solicitor must cease acting for the both parties
4
Q
Preliminary matters
What situation on the exam will suggest a conflict of interest?
A
Solicitor acting for parties on different sides of a transaction
5
Q
Preliminary matters
Where there is more than one buyer or seller, what must a solicitor acting for both ensure?
After what two steps can the clients agree for one to take the lead?
A
That they are instructed by both clients
After: 1. Initial instructions, and 2. Identification requirements are satisfied
6
Q
Starting a conveyancing transaction
What things should be considered when entering into a commercial leasehold transaction?
Checklist applies to all leases in reality
A
An offer in writing should be made including clear terms on:
* Rent and length of term
* Rights to break the lease
* Rent review
* Rights to assign
* Obligations
7
Q
Starting a conveyancing transaction
How is title investigated in (1) the registered system and (2) the unregistered system?
A
- Copy of the register of title and title plan is obtained from HMLR
- Title deeds and charges in the seller’s name need to be located
8
Q
Starting a conveyancing transaction
Who does the Law Society Conveyancing Protocol require to remedy pre-contract title defects?
A
The seller’s solicitor, rather than waiting for buyer to raise an inquiry
9
Q
Starting a conveyancing transaction
In the unregistered system, what must the seller’s solicitor do regarding the title deeds if they are held by a lender?
A
- Request the property deeds – Write to the mortgage lender asking them to send the documents that prove ownership of the property.
- Promise to keep the deeds safe – Give a formal assurance (an undertaking) that you won’t release or pass on the deeds to anyone until the mortgage has been fully paid off.
- Ask for an estimate of the remaining mortgage balance – Request an indicative redemption figure, which is an estimate of how much is still owed on the mortgage, so you can check if there will be enough money to pay off the debt when the transaction is completed.
This ensures that the lender’s interests are protected while preparing for the property transaction. Would you like me to draft a sample letter for this request?
As such, they will also seek an indicative redemption figure so they know if there will be enough money to make good on this undertaking
10
Q
Starting a conveyancing transaction
What is included in the contract package sent to the buyer from the seller of freehold property?
A
- Draft contract in duplicate
- Property Information Form (TA6)
- Fittings and Contents Form (TA10)
- Copy of the seller’s title
- Copy of title plan
- Guarantees, or planning permission, if any
11
Q
Starting a conveyancing transaction
The Property Information Form (TA6) contains details of what issues?
A
- Boundaries
- Rights benefiting/burdening the proeprty
- Disputes, complaints and notices
- Alterations
- Planing and building regulations
- Occupiers
- Services and utilities
- Energy efficiency
12
Q
Starting a conveyancing transaction
What is the title plan?
A
A map showing the location of the property being sold and a red outline of the land included in the title
13
Q
Starting a conveyancing transaction
What type of defects (1) must the seller disclose and (2) need not be disclosed?
A
Must disclose latent (hidden) defect
Need not disclose patent defect
14
Q
Starting a conveyancing transaction
What is (1) a latent defect and (2) a patent defect?
A
- Latent: Something which is not apparent, or can’t be discovered, when inspecting the property (inherent issues with the property e.g. foundation issues).
- Patent: One that would be revealed by an inspection e.g. visible right of way
15
Q
Starting a conveyancing transaction
What two remedies are available to the buyer where the seller breaches a duty to disclose?
A
- Withdraw from contract after exchange
- Claim damages
16
Q
Starting a conveyancing transaction
In what one situation will a seller actually be held liable where there is a defect which is both latent and physical?
A
Where the seller has willfully tried to obscure the defect
17
Q
Starting a conveyancing transaction
What is included in the contract package sent to the buyer from the seller of leasehold property, i.e. assigning their leasehold interest?
A
- Draft contract in duplicate
- Official copies of leasehold register of title and plan
- Copy of the lease
- Property Information Form, Leasehold Information Form, and Fittings and Contents Form
- Copy of landlord’s freehold register of title and plan
- Copy of insurance policy for entire building
- Copy of last three years’ service charge accounts
18
Q
Starting a conveyancing transaction
What are the three sections in the Contract Incorporating the Standard Conditions of Sale?
A
Title & Ownership
✅ Proof of Title – Seller must show good legal ownership.
✅ Registered Land – Official copies from Land Registry.
✅ Unregistered Land – Epitome of title required.
✅ Encumbrances – Easements, covenants, mortgages disclosed.
🔹 Deposit, Completion & Risk
✅ Deposit Payment – Usually 10% on exchange.
✅ Stakeholder vs. Agent – Who holds the deposit?
✅ Risk Transfer – Buyer assumes risk after exchange.
✅ Completion Deadline – Set date; penalties for delay.
🔹 Remedies for Breach
✅ Failure to Complete – Notice to complete + damages.
✅ Rescission – Buyer can cancel + recover deposit.
✅ Contractual Compensation – Seller may charge buyer.
✅ Common Law Damages – Losses caused by breach.
19
Q
Starting a conveyancing transaction
What is required of something agreed between buyer and seller to be legally binding?
A
It must be in the contract
20
Q
Starting a conveyancing transaction
What is the default deposit under the Standard Conditions?
A
10% of the purchase price, although the parties can agree lower
Even where the parties negotiate a lower deposit, buyer liable for full 10% if they breach
21
Q
Starting a conveyancing transaction
As long as the property is in England and Wales, what can the buyer do with the deposit before completion?
A
Count it towards their deposit on a new residence
22
Q
Starting a conveyancing transaction
Under the Standard Conditions, how is the deposit held between exchange and completion?
A
By the seller’s solicitor as stakeholder, i.e. on behalf of buyer and seller, and can’t be paid to seller until completion
Possible for seller’s solicitor to hold as agent for seller, but not advisable for buyer to allow this
23
Q
Starting a conveyancing transaction
What three things does it mean when the Standard Conditions provide that a seller sells a property with full title guarantee?
A
Seller:
- Is entitled to sell the property
- Will, at their own cost, transfer this title to the buyer, and
- Is selling the property free from all charges or encumbrances other than those disclosed in the contract
24
Q
Starting a conveyancing transaction
What is a limited title guarantee?
A
Seller merely warrants they have not created any charges or encumbrances during their period of ownership other than those disclosed in the contract
25
# Starting a conveyancing transaction
What is the buyer's indemnity covenant in the Standard Conditions?
If the contract does disclose any obligations on the buyer relating to the property, the buyer agrees to carry these out and to indemnify the seller if the buyer breaches
26
# Starting a conveyancing transaction
Under the Standard Conditions, when does risk pass to the buyer and why?
On exchange, because that is when the equitable interest passes
## Footnote
The seller does not have to insure the property between exchange and completion
27
# Starting a conveyancing transaction
When do terms in the Contract Incorporating the Standard Conditions have legal effect?
## Footnote
What trap should we look out for on the exam?
**On exchange**
## Footnote
Look out for suggestion of the applicability of contract terms pre-exchange
28
# Starting a conveyancing transaction
Under the Standard Conditions, when will completion occur if the contract is silent?
20 working days after exchange
29
# Starting a conveyancing transaction
What is the consequence of the buyer not sending funds by 2pm on the day of completion?
## Footnote
When does this not apply?
Buyer liable to pay interest at the rate specified in the contract, even if they have already moved into the property
## Footnote
When the reason for not sending the funds is because the seller has not vacated
30
What two things might be included in the Special Conditions of Sale, if they are relevant?
* Whether property will be vacant on completion or if there will be a tenant (or other occupants) in situ
* Completion is to occur at a time other than 2pm
## Footnote
Buyer should confirm occupants will leave the property upon completion
31
# Starting a conveyancing transaction
What three things should the buyer's solicitor do if they discover a **defect in title** having inspected the contract package?
1. Request seller's solicitor provide a draft insurance policy, and confirm seller will pay
2. Include this agreement as a special condition in the contract
3. Notify the buyer’s lender
## Footnote
Indemnity insurance or seller indemnifying buyer will usually greenlight a defect situation
32
# Investigating title
What must a seller's solicitor do if they discover there has already been a triggering event in relation to unregistered property they are dealing with, and when?
Make an application to HMLR before drafting the contract
## Footnote
If the buyer notices this, they must ask seller to register the property
33
# Investigating title
When investigating registered property, what should the buyer's solicitor look for?
Whether there are any encumbrances on the charges or proprietorship register
## Footnote
They also check the property register for benefits
34
# Buyer's pre-contract searches and enquiries
What are the seven **pre-contract searches** which are always carried out by the buyer's solicitor?
1. Local search *(CON29 and LLC)*
2. Drainage and water search *(CON29DW or CommecialDW - mains & sewer)*
3. Desktop environmental search *(historical records search - flooding, natural subsidence and industrial uses < 250m from property)*
4. Land charges search *(unregistered land)*
5. Index map search *(unregistered or registered land subject to mineral rights)*
6. Bankruptcy search *(if buyer is borrowing)*
7. Company search *(if seller is a company)*
35
# Buyer's pre-contract searches and enquiries
What are eight **optional pre-contract searches** which may be carried out by the buyer's solicitor?
1. CON29O *(commons land, village green searches, private body road proposals, noise abatement zones, pipelines)*
2. Highway search *(if there's doubt as to whether a road is adopted highway)*
4. Flood search
5. Environmental Phase I *(site inspection)*
6. Environmental Phase II *(collect samples)*
7. Utility search *(for new developments)*
8. Railways search
36
# Buyer's pre-contract searches and enquiries
What things are revealed by the **local search**?
**CON29**
* Planning permission - granted, rejected and pending
* Building regulations - approvals, completion certificates, details of contravention
* Rights of way and public footpaths
* Environmental notices
* Roads that abut the property and whether these will be adopted
**LLC**
* Planning permission - granted
* Enforcement/stop notices
* Smoke control orders
* Conservation areas
* GDPO/Article 4
* Listed building status
37
# Buyer's pre-contract searches and enquiries
Why is an environmental search important?
Because a buyer will be liable for paying for the clean up costs of any land they own which is contaminated, even if it was caused by the seller
38
# Buyer's pre-contract searches and enquiries
What are some location specific searches which might be needed?
1. Mining searches *(for areas listed as at risk in a gazeteer. If compensation has been paid previously, future compensation isn't possible)*
2. Chancel liability search (ancient obligation to upkeep a church)
3. Waterways search *(liability for banks and flooding; drainage and fishing rights; rights of way where river runs through/near property)*
39
# Buyer's pre-contract searches and enquiries
What is the equivalent of the property information form used where the property is **commercial**?
Commercial Property Standard Inquiries
40
# Planning
Under the Town and Country Planning Act 1990, planning permission is required for any development. In what two ways is **development** defined?
1. Building, structural changes, engineering, mining or other operations with regard to land, or
2. Making any **material change of use** of any buildings or other land
41
# Planning
What is a permitted development?
## Footnote
What are some examples?
A development which has **deemed permission** and does not need to apply for express permission
## Footnote
Small home extension, porch, fence, conservatory
42
# Planning
What is the effect of a local authority passing an Article 4 Direction?
It **revokes the permitted development exception** for the relevant area, meaning that **all developments** must be applied for
43
# Planning
What is the consequence of planning issues running with the land?
The buyer is liable for any planning issues relating to land they own
44
# Planning
Within what time limit of breach must a planning enforcement notice be served where it is regarding (1) **unauthorised building works** and (2) all other breaches, e.g. breach of conditions of planning?
## Footnote
A planning enforcement notice is the prerequisite to a planning enforcement action
1. Unauthorised building works: **Four** years
2. Other breaches *e.g. material change of use*: **Ten** years
| **No time limit for listing building**
## Footnote
It could require compliance with planning laws or even pulling down or rebuilding a development
45
# Planning
On the exam, what should a planning issue not be confused with, and which takes priority?
A planning issue should not be confused with a **title issue**, and planning permission will not cure a title defect
46
# Planning
Even though a development might not need planning permission, what will all works require?
Compliance with building regulations
47
# Planning
What are the enforcement options available to a local authority regarding building regulations?
1. Prosecution within: (i) 6 months of discovering the breach - person directly in charge of breach (e.g. builder) or (ii) 12 months after works completed - owner
2. Enforcement notice - 12 months from completion of work
3. Injunction - can always be sought by local authority to require owner to comply with building regulations
48
# Planning
Where the time for buildings regulation enforcement has passed, what might a buyer still seek from a seller where it is an issue?
## Footnote
What should not be done before this step is completed?
An indemnity
## Footnote
Local authority should not be contacted, as it can negate the availability of insurance
49
# Planning
Regarding planning in a **commercial** context, what is a **use class**?
A category of use describing the activities of the building, e.g.:
1. **Commercial, business, and service**, e.g. shop, restaurant
2. **Learning and non-residential institution**, e.g. museum, library
3. **Local community**, e.g. small shops, community hall
Planning permission generally required to **change use class**, even if no building work is being done
50
# Planning
When planning permission is granted for a use class, is further permission needed to change the activity within the **same** use class?
Not unless actual building work is required to make that change
51
# Planning
Whilst some changes from one use case to another are allowed under permitted development, in what two situations will this not be available and changes to a use class will therefore require an application?
1. Conservation area
2. Listed building
52
# Buyer's funding
Regarding buyer's funding of the property, whilst a solicitor cannot offer a financial opinion on the mortgage offer, what can they do?
**Explain the mortgage options available and the general terms**, e.g. length, interest rate, conditions, but not whether it is a good product or not
53
# Buyer's funding
What are the **two** most common mortgage options available to a buyer?
1. **Capital and interest mortgage**: repay capital and interest each month
2. **Interest only mortgage**: repay interest each month and capital at end
54
# Buyer's funding
What are the two functions achieved by the **Certificate of Title**?
## Footnote
Who drafts the certificate of title?
1. Confirms to lender that title is good and marketable
2. Requests a release of the mortgage funds
## Footnote
The lender's solicitor will either draft the certificate of title of request the buyer's solicitor provide it
55
# Buyer's funding
What should we look for on the exam which might not appear to trigger a registration requirement for unregistered property but actually does, and why?
A client mortgaging property they already own which has not previously been subject to a mortgage, because a first legal mortgage is a trigger for registration
56
# Buyer's funding
What is required to complete and perfect a mortgage against third parties who might have an interest in the mortgaged property?
Purchase is completed and **mortgage** registered with HMLR
57
# Buyer's funding
If mortgage completion triggers a registration requirement concerning unregistered land, within what period must the buyer's solicitor register the mortgage?
Two months
58
# Exchange of contracts
What are three **methods** of exchange?
1. Person
2. Post
3. **Phone** *(most common)*
59
# Exchange of contracts
When is Formula **A** used for exchange and what is a quick way to remember this?
When one solicitor holds both signed parts of the contract and undertakes to send their client's contract to the other solicitor.
Remembered because one solicitor is **A**way and the other is doing **A**ll the work
60
# Exchange of contracts
When is Formula **B** used for exchange and what is a quick way to remember this?
When each solicitor hold their own client's part of the contract.
Remembered because **B**oth solicitors are working.
| *Most common*
61
# Exchange of contracts
When is Formula **C** used for exchange?
When there is a **C**hain of transactions
## Footnote
Rarely used as Formula B and ‘release of contracts’ method can be used to achieve same result: 1st contract treated as exchanged if solicitor exchanges on the related transaction by the agreed time. If not, exchange is cancelled.
62
# Exchange of contracts
If there is to be more than a few weeks' wait between exchange and completion, **how is the interest in a sale contract protected after exchange**, where land is (1) registered and (2) unregistered?
**Registered**: Notice of the estate contract placed on the ***seller's* charges register**
**Unregistered**: C(iv) estate contract registered against the **seller's full name**
| *Both are removed upon completion.*
63
# Exchange of contracts
How is a contract varied after exchange?
Both parties must exchange contracts again with the variation included in the new contract
64
# Pre-completion
If the seller has a mortgage, what is the first pre-completion step for the seller's solicitor?
Ask lender for an **updated redemption figure** and prepare a completion statement
65
# Pre-completion
What are the three types of purchase deed used to transfer freehold property?
1. Conveyance *(unregistered)*
2. Transfer *(registered and unregistered)*
3. Assent *(used by PRs to transfer to beneficiary)*
66
# Pre-completion
What are the two types of form used when (1) whole of the land and (2) part of the land in a title is being transferred?
1. Whole: **TR1** Form
2. Part: **TP1** Form
67
# Pre-completion
In a leasehold situation, what is the final version of a lease called, and what are its two parts?
An **engrossment** made up of the original (executed by the landlord) and counterpart (executed by the tenant)
68
# Pre-completion
What is the purpose of the buyer's pre-completion searches?
## Footnote
What should they not be confused with?
To ensure information received and understood about the property **remains accurate**, including charges and encumbrances
## Footnote
Not to be confused with the pre-contract searches
69
# Pre-completion
What is the benefit of performing a **search with priority**?
Prevents any new charges from being registered that would impact the buyer or mortgagee's rights
70
# Pre-completion
Regarding **registered property**, what search begins the priority period to complete registration at HLMR free from third party interests?
## Footnote
How long does this priority period last?
* OS1 search *(against full property)*
* OS2 search *(against part of the property)*
## Footnote
The priority period is **30 working days**
71
# Pre-completion
Regarding **registered property**, what search can be completed if the lease is not registerable?
## Footnote
How long does this priority period last?
OS3 search
## Footnote
There is no priority period, but the search will chek that the landlord is free (or not) to grant the lease.
72
# Pre-completion
Regarding **unregistered property**, what pre-completion searches are carried out?
## Footnote
How long does this priority period last?
Repeat the pre-exchange full land charges search (Form K15) against the full names of the landowner/seller for the full period of their ownership
## Footnote
**15 working days**
73
# Completion
What are the three methods by which completion can take place?
## Footnote
What should these not be confused with?
1. Personal attendance
2. Agent
3. **Post** *(most common)*
## Footnote
*Not to be confused with the three Ps by which exchange can occur: person, post, phone.*
74
# Completion
What are the main steps required of the solicitors upon completion under the Code of Completion by Post?
**Buyer's solicitor:**
* Sends completion money by bank transfer
* Pay SDLT and file an SDLT return (within 14 calendar days)
* Register any charges at Companies House *if the buyer is a company* (with 21 calendar days)
* Apply for registration before the OS1/OS2 priorty runs out
**Seller's solicitor:**
* Acts as agent for the buyer's solicitor *(dating and executing the transfer document, etc.)*
* Notifies buyer immediately after becoming aware completion money has been received
* Completes the transfer documents upon receipt of completion money
* Confirms when completion has taken place and notifies the keyholder to release the keys to the buyer
## Footnote
The latest time the seller's solicitor can notify the buyer's solicitor that completion has taken place is the end of working day following completion
75
# Post-completition
Within what time of completion must the **buyer**'s solicitor send the Stamp Duty Land Tax Form and pay tax?
Within 14 days of completion, **even if no tax is payable**
76
# Post-completition
What are the main steps required of the solicitors if the transaction was an assignment of an existing lease?
**Seller's solicitor:**
* Send buyer's solicitor the original lease and licence to assign
* Prepare final service charge adjustment
**Buyer's solicitor:**
* Arrange payment of SDLT
* Serve notice of the assignment and any new mortgages on the landlord
* Register transfer of lease, and any new mortgages at HMLR
77
# Post-completition
What is the effect of first registration on the title deeds?
They no longer have legal effect
78
# Delayed completion and remedies
What remedies are available to the buyer if any plan or statement in the contract was misleading or inaccurate?
| *Also available to either party for any breach, i.e not completing*
## Footnote
When is option 2 only available?
1. Damages
2. Rescission
## Footnote
Rescission only available if error or omission was **fraudulent** or **reckless**, or the property was **substantially different** from what the buyer thought they were getting *(to their detriment)*
79
# Delayed completion and remedies
Where there was an error or omission, or misleading statement, only when is rescission available to a buyer?
* Error or omission was **fraudulent** or **reckless**
* Property was **substantially different** from what the buyer thought they were getting *(to their detriment)*
* Landlord's consent to assign not forthcoming
80
# Delayed completion and remedies
What is the only circumstance where delay will give the innocent party the right to **rescind** the contract outright?
## Footnote
What is required for this in a residential property context?
Only where **time was of the essence**
## Footnote
In a residential property context, that time is of the essence must be specified as a special condition in the contract
81
# Delayed completion and remedies
Even if time is not of the essence, what does any delay in completion, however minimal, give rise to?
## Footnote
What is this calculated based on?
Damages in the form of an interest penalty
## Footnote
Calculated based on the purchase money outstanding, i.e. purchase price minus deposit
82
# Delayed completion and remedies
Where completion is delayed and time is not of the essence, what must the innocent party serve on the breaching party if they want to set the ball in motion toward being able to cancel the contract?
## Footnote
What is the effect of this?
A **notice to complete**
## Footnote
It makes time of the essence
83
# Delayed completion and remedies
From what point can a notice to complete be served, and what three things must be true of the party serving?
## Footnote
What is a notice to complete **not** available?
Any time after completion was due but **not after** it has taken place, and innocent party must be **ready, able, and willing to complete**
## Footnote
When completion has already occurred
84
# Delayed completion and remedies
After service of a notice to complete, how long does the delaying party have to complete?
Ten working days
85
# Delayed completion and remedies
Upon receiving a notice to complete, what must the buyer do if they have negotiated and paid a deposit lower than 10% to the seller?
Advance enough funds such that 10% of the purchase price has been paid over
86
# Delayed completion and remedies
What are the both parties' options when the other does not comply with a notice to complete?
## Footnote
What one additional option does the seller have?
1. Rescind the contract
2. Retain deposit *if seller* or reclaim deposit *if buyer*
3. Claim damages
## Footnote
Seller also has the option to resell the property
87
# Delayed completion and remedies
What is the function of damages for each party in this situation?
To put them in the position they would have been in if the other party perfomed
88
# Delayed completion and remedies
Pre-completion, where a seller is claiming damages from a buyer, what is the limit on what can be claimed, and what is the effect of this?
Difference in value between contract price and value on resale, so if the resale value is higher, a claim for damages against the original buyer will not be available
89
# Security of tenure for commercial tenants
What is the statutory protection given to commercial tenants under the Landlord and Tenant Act 1954?
Tenant does not have to vacate their property at the end of a contractual lease, unless the landlord uses one of the statutory methods of terminating the lease
90
# Security of tenure for commercial tenants
What are the four ways a tenancy protected by the 1954 Act can be terminated?
1. Forfeiture by the landlord
2. Surrender by both parties
3. **Landlord** serves a valid **section 25 notice** *(to terminate lease or suggest new lease)*, or
4. **Tenant** serves a valid **section 26 notice** *(to request a new lease)*
91
# Security of tenure for commercial tenants
What are three types of tenancy to which the 1954 Act does **not** apply?
1. Fixed term tenancy not exceeding **six months**
2. Employee in property of employer
3. **Contracted out tenancy**
92
# Security of tenure for commercial tenants
What are the three statutory requirements for a landlord to *contract out* of the 1954 Act?
1. Health warning from landlord
2. Declaration from tenant
3. Reference in the lease
93
# Security of tenure for commercial tenants
What three things does a health warning explain?
## Footnote
How long before the tenant completes the lease must it be given by the landlord?
A health warning explains:
1. What security of tenure is
2. That the tenant will be giving up these rights, and
3. That they should seek professional advice
## Footnote
14 days, unless waived by tenant by signing a statutory declaration in front of an independent solicitor
94
# Security of tenure for commercial tenants
What two things must the tenant's declaration in response to the health warning confirm?
## Footnote
***Not* the one waiving the 14 day period, if relevant**
Tenant confirms they:
1. Have received the health warning
2. Agree to contracting out and to the consequences
95
# Security of tenure for commercial tenants
When are section 25 and section 26 notices relevant?
When the tenancy was **not** contracted out of the 1954 Act
96
# Security of tenure for commercial tenants
What is a section 25 notice?
## Footnote
When must it be served?
A notice sent by the **landlord** informing the tenant that they require the premises back at the end of the term, or that they wish to enter into a new lease with the tenant
## Footnote
Served between **six and twelve months** before they wish the tenancy to end
97
# Security of tenure for commercial tenants
What are the five statutory grounds, one of which must be contained in a section 25 notice?
| One of which concerns **tenant fault** and four of which do not
## Footnote
What is the impact of the discretionary grounds?
***Discretionary:***
- Breach of obligation (failure to repair, persistent delay in paying rent, or other substantial breach **(tenant fault)**
- Landlord requires whole premises *(if tenant only rents part)* **(no tenant fault)**
***Not discretionary (all no tenant fault):***
- Has suitable alternative premises for the tenant
- Intends to demolish or reconstruct premises *which cannot be done with tenant in occupation*
- Intends to occupy premises himself
## Footnote
Even if landlord argues and proves a discretionary ground, the court still has discretion to order a new tenancy
98
# Security of tenure for commercial tenants
What is a section 26 notice?
## Footnote
When must it be served?
A notice sent by the **tenant** requesting a new lease
## Footnote
Served between **six and twelve months** before they wish the tenancy to end
99
# Security of tenure for commercial tenants
After receiving a section 26 notice, how long does the landlord have to inform the tenant if they intend to oppose the request?
## Footnote
What must a landlord do in response to a section 26 notice if they are unwilling to agree to a new lease?
Two months
## Footnote
If unwilling to agree to a new lease, landlord must justify their refusal by reference to one of the statutory grounds they would be able to use for their own section 25 notice
100
# Security of tenure for commercial tenants
What is a tenant entitled to if a landlord quits the lease using a no-fault ground?
## Footnote
Why is the tenant not entitled to this where there is alternative premises?
Compensation, on the basis that they have not done anything wrong
## Footnote
Because they will not have suffered any loss
101
# Security of tenure for commercial tenants
What determines how compensation is computed when a tenant is entitled upon to termination due to a no-fault ground?
Whether the tenant has been in occupation for **14 years** or less
102
# Security of tenure for commercial tenants
How is compensation calculated when the tenant has been in occupation for (1) less than 14 years and (2) at least 14 years?
## Footnote
What can the 14 year period be made up of?
1. The ratable value of the premises, i.e. one year’s rent
2. Twice the ratable value of the premises
## Footnote
If the tenant took over the business from someone and their combined tenancy is 14 years, it will count
103
# Security of tenure for commercial tenants
In a section 25 or 26 situation, what is the maximum length a court will order the new lease to be where the lease itself is silent as to term?
15 years
104
What is an express trust?
A trust created deliberately with a written agreement (e.g. Declaration of Trust in co-ownership)... Ensures each party's ownership share is clearly defined.
105
What legal document is commonly used to establish an Express Trust in property transactions?
A Declaration of Trust, outlining each owner's financial interest
106
Alice and Ben buy a house together but contribute different amounts. What should they do to ensure their respective shares are protected?
Sign a Declaration of Trust specifying their ownership percentages.
107
108
109
What legal document is commonly used to establish an **Express Trust** in property transactions?
A **Declaration of Trust**, outlining each owner's financial interest.
110
What is a **Resulting Trust**?
Arises when one person **financially contributes** to a property but isn’t named on the title.
111
How does a **Resulting Trust** differ from an Express Trust?
A **Resulting Trust** is inferred based on contributions, whereas an **Express Trust** is written and agreed upon.
112
What legal significance does a **Constructive Trust** hold?
Protects contributors in **cohabitation disputes**.
113
How can someone prove a **Constructive Trust** in a cohabitation dispute?
By showing they **paid mortgage, renovations, or household costs** that increased the property’s value.
114
What is a **Bare Trust**?
A trust where the trustee **holds property for the beneficiary**, but the beneficiary has full control.
115
Who can demand control of the property under a **Bare Trust**?
The **beneficiary**, since the trustee is holding it on their behalf.
116
What defines a **Discretionary Trust**?
A trust where the trustee **has flexibility** in distributing assets to beneficiaries.
117
How does a **Discretionary Trust** differ from a **Bare Trust**?
In a **Discretionary Trust**, the trustee **chooses** how assets are distributed; in a **Bare Trust**, the beneficiary has full control.
118
What law allows courts to settle disputes over jointly owned property?
**Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)**.
119
What is the purpose of **Trusts of Land (TOLATA 1996)**?
Governs co-ownership disputes and **court intervention** in land trusts.
120
What happens if one business partner wants to sell a jointly owned property while the other refuses?
Apply under **TOLATA** for a court decision on selling the property.
121
Fill in the blank: A trust created deliberately with a written agreement is known as an _______.
[Express Trust]
122
Fill in the blank: A trust that arises when one person financially contributes to a property but isn’t named on the title is called a _______.
[Resulting Trust]
123
True or False: In a **Constructive Trust**, formal ownership is necessary for a claim.
False
124
True or False: A **Bare Trust** allows the trustee to control the property.
False
SQE2 FINAL CRIMINAL
flashcards
Decks in class (15)
# Cards
-
1a. Business221
-
1b. Tax - Business58
-
2a. Property - Land145
-
2b. Property - Practice124
-
2c. Tax - Property16
-
3a. Probate - Wills176
-
3b. Probate - Trusts142
-
3c. Tax - Probate75
-
4a. Disputes225
-
4b. Disputes Advocacy Applications19
-
5a. Criminal Practice110
-
5b. Criminal Law112
-
5c. Criminal Advocacy Applications FINAL FINAL99
-
6a. Money laundering and financial services68
-
6b. Ethics72
