Case Study Questions

Question 1

CASE STUDY:
What powers were available to your client to cut the encroaching trees?

Answer 1

Schedule 4, Paragraph 9 notice - to cut, fell or lop trees that interfere or cause risk to OHLs.

(Under Electricity Act 1989)

Question 2

CASTE STUDY:
Why did you advise Leasehold over Freehold? What were the benefits and drawbacks to these 2 options?

Answer 2

Both offered long term benefits.

Leasehold:
- Cheaper short term
- Potentially more expensive long term

Freehold:
- More expensive up front
- Less future flexibility
- Client does not want future maintenance liability of site if not needed.
- Preference is not to own small random land parcels within other ownerships.

Question 3

What was the name of the Common land you were trying to avoid?

Answer 3

“Merrow Downs” Common Land

Owned by Parish Council and Individual landowners

Question 4

Legislation that governs: Common land and registering common land?

Answer 4

The Commons Act 2006

The Commons registration Act 1965

Question 5

What is the process for obtaining Common Land Consent and what are the timescales?

Answer 5

Section 38 Consent:
1. MAGIC Map & Purchase Common Land Register. (Land referencing)
2. Informal Consultation.
3. Formal Consultation and Advertising (+ Full application to PI).
4. Determination and Decision.

No Statutory timescales - (Can take around 6 -12 months but can be 18 months with inquiry)

Question 6

How long could the common land application take to obtain for a substation?

Answer 6

No Statutory timeframe
6 -12 months (up to 18 months with inquiry)

Question 7

CASE STUDY:
What legislation are you aware of for Leases?

Was the lease you obtained “Contracted out” of this Act?

Answer 7

The Landlord and Tenant Act (1954)
AKA: the ‘54 Act

No- Contracted in - To have right to renew after the 99 year term.

Question 8

CASE STUDY:
What is the process for renewing a Lease?

What Case Law are you aware of for RENEWING a lease?

Answer 8

1. UKPN serve Section 26 notice (L&T Act) to request new tenancy.
2. Negotiate Terms (Provide evidence and Comparables).

Case Law - O’May vs City of London
(Terms of a lease should remain the same, but considering modernisation)

Question 9

For leases - what sections of the ‘54 act cover Security of tenure?

Answer 9

Sections 24 - 28

“A lease would be contracted out of Sections 24 - 28 of the L&T 1954 act”

Question 10

How would you ensure a lease is contracted out of the 1954 act?

Answer 10

• Must be a clear declaration that it is contracted out of Sections 24-28 of the L&T 1954 Act.
• 14 day notice before lease completes using schedule 2 prescribed form.

Question 11

CASE STUDY:
How would a L&T act lease be terminated?

Answer 11

1. Breaches of lease.
2. Section 25 notice - (Hostile or Non-Hostile) If Landlord Wants to Terminate or renew terms.
3. End of the fixed term.

Question 12

What do you understand about the term - “the lease is silent”?

Answer 12

This is where there is no mention of:
- Security of Tenure
- Being Contracted Out of the 54 act

Therefore assume that it is contracted in and protected by the 54 act.

Question 13

For Leases: What is the difference between Simple and Statutory declaration?

Answer 13

Simple - Doesn’t need to be witnessed by solicitor & completes after 14 days.
(Slower to complete but cheaper)

Statutory - Witnessed by solicitor but can complete before the 14 days period.
(Faster to complete but more expensive)

Question 14

1. What Case Law are you aware of for Lease V Licence ?
2. What Case Law are you aware of for renewing a Lease?

Answer 14

1. Street V Mountford
   (Street offered Mountford a licence but was by definition a lease, so was protected by ‘54 act).
2. O’May vs City of London
   (Terms of a lease should remain the same, but considering modernisation).

Question 15

What is the definition of a “Tenancy”?

Answer 15

“exclusive possession - for a fixed or periodic term - usually at a rent”
(Street V Mountford)

• Exclusive Possession
• Term
• occupation
• business use

Question 16

What is a break clause in a Lease?

Answer 16

“Allows the landlord or tenant to end the agreement early if needed” (By giving proper notice and justification)

Question 17

Would your client need to pay Stamp Duty Land Tax on Leases?

Answer 17

Yes, if lease is over £150,000 1% on over the 150k

Question 18

Once you have obtained Heads of Terms for a Lease or Easement, what is the solicitors’ role, and what actions are you aware of that they do?

Answer 18

• Carry out SIM Search (Search of the Index Map)
• Communicate with other party’s solicitor
• Check legal compliance and whether this right is capable of registration.
• Negotiate and complete final Lease/ Easement based on HoTs I obtained.
• Register new rights on Land registry/ the land title.

Question 19

How did you decide/ value the appropriate annual rent for your lease?

Are you qualified to advise on this?

Answer 19

I am not qualified to advise on red book valuations - but I am able to use internal comparables for similar sites to determine appropriate rent.