Property Flashcards

Question

What is the purpose of a chancel repair liability search?

Answer 1

It identifies potential liability for church repairs.

Answer 2

True - Because this liability can still exist (even if rarely enforced), buyers and lenders often want chancel repair indemnity insurance before completing a purchase or mortgage. The insurance covers any future claims from the church, protecting the owner and lender from unexpected costs.****

Answer 3

Insist on production of a vacating receipt or evidence of discharge.

Answer 4

* Land charges search * Index map search

Answer 5

It covers the buyer (and lender) if a claim is made relating to a legal defect or risk, such as chancel repair liability, and pays for any resulting financial loss or legal costs. Indemnity insurance is available if liability is indicated. ## Footnote Indemnity insurance is available if liability is indicated.

Answer 6

This form includes enquiries of the local authority. It even shows if roads are adopted highways ## Footnote An additional highways search may be needed to confirm access rights.

Answer 7

To identify any past, present, or future coal mining activity that could affect the property, including risks of subsidence, ground instability, and potential rights to claim compensation ## Footnote It includes searches for other materials like tin, clay, and limestone specific to certain areas.

Answer 8

Entries in the Land Charges Register ## Footnote It includes restrictive covenants and matrimonial home rights.

Answer 9

Caveat emptor principle ## Footnote Sellers with actual knowledge of the property are expected to answer enquiries.

Answer 10

Cover various aspects of commercial properties ## Footnote The buyer’s solicitor will raise standard pre-contract enquiries.

Answer 11

To improve efficiency and transparency in residential conveyancing ## Footnote It standardizes the process to reduce disputes.

Answer 12

Certain development without planning permission ## Footnote It can be amended and excluded in a locality.

Answer 13

Listed Building Consent is required for any works of demolition, alteration, or extension that affect the character of a listed building. It is separate from planning permission and must be obtained from the local planning authority before work begins. ## Footnote It may apply to internal works and unauthorized works are a criminal offence.

Answer 14

 4 years from date of substantial completion  4 years from date of change of use to single dwelling house  10 years from date of change of use  10 years from date of breach of planning condition ## Footnote Think: “4 years for building a home, 10 years for everything else.” 10 years if it’s about how land is used or conditions attached to it.

Answer 15

Options include: * Withdraw from transaction * Ask seller to regularise matters and make a condition in the contract * Indemnity insurance for financial loss * Retrospective planning permission (just a paper application) * Regularisation certificate for Building Regs

Answer 16

Proprietary right to use land that belongs to someone else ## Footnote 1. It must accommodate the dominant tenement and not be purely recreational or benefit a business and cant depend on specific characteristics of the landowner. 2. Dominant and servient tenement owned by different people 3. It must lie in grant (be clear and be similar to existing forms of easements).

Answer 17

A legal easement must be: Created by deed (s.52 Law of Property Act 1925), and Registered at the Land Registry (s.27(2)(d) Land Registration Act 2002) to take effect at law. 💡 However, an easement can also arise by implication or prescription, which can be legal even without a deed or registration. ## Footnote Equitable easements require writing and must be signed by the grantor.

Answer 18

When land is divided and sold, the buyer automatically gets the benefit of any quasi-easements that are: 1. Continuous and apparent, and 2. Necessary for the reasonable enjoyment of the land. A quasi-easement is a right one part of the land has been using over another part while both were owned by the same person — for example, using a path, drain, or light over another area of their own land. When the land is split, those existing uses can turn into full legal easements in favour of the buyer under Wheeldon v Burrows. ## Footnote Rights used by the seller before the land split automatically transfer to the buyer.

Answer 19

20 years of free use without force, secrecy, or permission ## Footnote 40 years of use is virtually unchallengeable.

Answer 20

The burden does not run with the land ## Footnote An exception allows burden to pass if the successor takes a benefit under the deed.

Answer 21

Injunctions and damages ## Footnote No injunctions at common law; only damages are available.

Answer 22

It’s a promise by the buyer to protect the seller against liability for breaches of restrictive covenants after the sale. It allows the seller to recover costs from the buyer if sued and protects the original covenantor from a direct successor. ## Footnote Applies if the chain of indemnity covenants is unbroken. i.e. each successive buyer gives the same promise to their seller, preserving protection up the chain. They require the new owner to observe positive covenants and appear on the proprietorship register.

Answer 23

The land benefiting from the easement ## Footnote The servient tenement is the land burdened by the easement.

Answer 24

Must touch and concern the dominant land and there must be intention for it to run as per below. Touch and concern means the covenant must benefit the land itself, not just the landowner.  Intention for benefit to run with land: * Expressly annexed * Impliedly annexed by s78(1) LPA 1925 - Even if not written expressly, the statute implies that covenants benefit the land unless expressly excluded. * Expressly assigned - The benefit is transferred from one landowner to another by a separate legal document at the time of transfer. It must be done every time the land is sold, unless annexation applies. * Part of building scheme - Where land is sold off in plots with a common set of covenants (e.g., all houses in a housing estate must have gardens). Each plot owner can enforce the covenants against the others.

Answer 25

The seller remains personally liable for the promise even after selling the land. This is because the buyer (successor) isn’t automatically bound at common law, as the burden doesn’t run. To deal with this unfairness, the buyer usually gives the seller an indemnity covenant, promising that: “If the covenant is ever enforced, I’ll comply with it — or cover any losses or liabilities you (the seller) face.” So the indemnity covenant doesn’t transfer the original liability — it just creates a new personal contract between buyer and seller, so the seller is protected.

Answer 26

When the dominant and servient land come into common ownership - i.e. because you cannot enforce a covenant against yourself The discharge is automatic only if both ownership and occupation are unified. If the same person owns both but one is leased out, the covenant may temporarily suspend rather than fully extinguish.

Answer 27

It can be modified or released by agreement, usually done by a deed. ## Footnote The dominant owner can agree to release or vary the covenant.

Answer 28

They may lose the right to enforce the covenant. ## Footnote This can occur if they know of breaches and take no action.

Answer 29

They can apply if the covenant: - has become obsolete; - gives no practical benefit or causes disproportionate loss; - impedes reasonable use of the land; - is contrary to the public interest. Under s.84 LPA 1925, if the covenant is obsolete, unreasonably restrictive, gives no practical benefit, or is against public interest.

Answer 30

Only restrictive covenants can bind successors in equity. ## Footnote Positive covenants do not pass in equity.

Answer 31

Registered land: check the charges register. Unregistered land: must be protected by a Class D(ii) land charge.

Answer 32

Determine the type of covenant and whether it is enforceable in equity or common law. ## Footnote The burden of covenants does not pass under common law unless mutual benefit applies.

Answer 33

Confirm receipt and satisfaction with search results, enquiries, and survey. Advise buyer on insurance requirements (risk passes on exchange unless the contract states otherwise). Ensure deposit funds (usually 10%) are ready, and the lender’s solicitor has approved the title certificate. Arrange buyer's mortgage advance to be available for completion. Provide a full written report on title to the buyer (highlight restrictions, covenants, rights of way, lease terms if leasehold, etc). Buyer has received and understood the written report on title (covering covenants, restrictions, rights, lease terms, etc.). Completion date agreed, contract signed by buyer, and obtain explicit authority to exchange contracts.

Answer 34

Usually 10% of the property price. ## Footnote The lender's solicitor must also approve the title certificate.

Answer 35

A binding legal contract is formed. ## Footnote Solicitors follow the Law Society Formula B to ensure contracts are identical.

Answer 36

Submit SDLT return. ## Footnote HMRC issues SDLT5 certificate, needed for Land Registry.

Answer 37

1. Exclusive possession 2. A fixed term or periodic tenancy. 3. Formalities complied with (Deed for over 3 years and 4. Registration at HMLR for leases longer than 7 years) 5. Reversion at the end of lease term. (If there is no reversion, the grant may be an outright transfer, not a lease. ) ## Footnote This distinguishes a lease from a license.

Answer 38

A covenant requiring the tenant to keep the premises in good repair regardless of the initial condition. ## Footnote This contrasts with a qualified repairing covenant.

Answer 39

The landlord is responsible for ensuring the building against insured risks. ## Footnote The tenant will refund a proportionate amount of the insurance premium.

Answer 40

If the lease is silent, the tenant can make alterations as long as value is not reduced. ## Footnote Otherwise, they must serve notice and potentially seek court permission.

Answer 41

The landlord must have a forfeiture clause in the lease to forfeit.  Landlord must make formal demand for payment unless lease waives this requirement  Landlord exercises right to forfeit by court order or peaceful re-entry (changing locks for example) * Always by court order for mixed or residential property  Tenant can apply for relief: * Within 6 months of re-entry * Tenant must show that they can pay arrears and landlord's costs. * Court has wide discretion in this area and generally leans in favour of granting relief if tenant can clear arrears. Other options: o Action for debt  Landlord may sue for rent arrears as a simple debt claim  Pros: straightforward and does not end the lease  Cons: risk of tenant insolvency; may be difficult to enforce judgment. o Commercial Rent Arrears Recovery:  Landlord/enforcement agent serves 7 days clear notice of intention to seize goods  Landlord cannot exercise personally – must use a certified enforcement agent  Tenant can apply for notice to be set aside/delayed if it can prove it will be able to pay  Minimum 7 days rent arrears (so 7 days net unpaid rent) needed  NOT available for mixed or residential premises  Rent only – not service charge or insurance payments etc  Pros: useful if tenant has valuable goods on site  Cons: Limited scope (rent only) and procedural requirements must be strictly followed. ## Footnote They cannot waive the right to forfeiture by accepting further rent.

Answer 42

An AGA is where the outgoing tenant guarantees the obligations of the incoming tenant. ## Footnote This guarantee lasts only as long as the assignee remains the tenant.

Answer 43

They can require a direct covenant with the new tenant. ## Footnote This ensures the landlord can hold the new tenant accountable.

Answer 44

The non-defaulting party can serve notice to complete within 10 working days. o Where there is a delay, the non-defaulting party can claim interest on each day of delay at a rate determined by the contract (or Law Society rate if silent) - Seller pays on full purchase price - Buyer pays on purchase price less any deposit (unless SCPCs). ## Footnote They may rescind the contract and claim damages. Time becomes "off the essence"

Answer 45

The landlord waives the right to forfeit for that breach. ## Footnote Breach of rent covenant is non-continuing, meaning it is a once-and-for-all breach.

Answer 46

Make a formal demand for payment unless the lease waives this requirement. ## Footnote The right to forfeit can be exercised by court order or peaceful re-entry.

Answer 47

Within 6 months of re-entry, showing they can pay arrears and landlord's costs. ## Footnote The court has wide discretion and generally favors granting relief if arrears can be cleared.

Answer 48

An action for rent arrears. ## Footnote Pros: straightforward and does not end the lease; Cons: risk of tenant insolvency and difficulty in enforcing judgment.

Answer 49

A minimum of 7 days rent arrears and a 7 days clear notice of intention to seize goods. ## Footnote This process is not available for mixed or residential premises.

Answer 50

Specify the breach, require tenant to remedy it within a reasonable time, and require compensation for the breach. ## Footnote Tenants must be given reasonable time to remedy remediable breaches.

Answer 51

14 days after issuing a s146 notice. ## Footnote This applies when the breach cannot be fixed by the tenant.

Answer 52

The tenant can serve a counter-notice within 28 days, requiring the landlord to obtain court leave before forfeiting. ## Footnote Additional protections are in place for longer leases.

Answer 53

An equitable, discretionary remedy useful for ongoing or threatened breaches. ## Footnote It is often sought for issues like nuisance or unlawful use.

Answer 54

An equitable, discretionary remedy requiring a tenant to fulfill positive obligations. ## Footnote It is rarely granted as courts are reluctant to supervise ongoing obligations.

Answer 55

6 years from the breach. ## Footnote Not guaranteed to receive the full amount claimed.

Answer 56

Enter property to carry out the tenant's repairs and recover costs as a debt. ## Footnote  Pros: Debt claim avoids issues of remoteness/mitigation applicable in damages, avoids need for forfeiture or court application  With damages, the landlord can sue without needing to do the works first. But with this self help clause landlord must pay for the works out of pocket first and actually carry out the works before claiming for the debt.

Answer 57

The right for a business tenant to remain in occupation after the end of the contractual term and to apply for a new tenancy. ## Footnote It applies to fixed term tenancies over six months. Tenancies for exactly 6 months do not get SoT. It also applies to periodic tenancies.

Answer 58

Serve a warning notice before lease completion and ensure the lease states it is excluded from LTA 1954. ## Footnote  If lease completion is more than 14 days away, tenant only needs to provide a simple signed declaration  If lease completion is within 14 days, tenant must swear a statutory declaration in front of an independent solicitor  Lease must also expressly state it is excluded from LTA 1954.

Answer 59

It states when the current tenancy will end, served at least 6 months and no more than 12 months before termination. ## Footnote Must be in prescribed form and signed by or on behalf of the landlord.

Answer 60

* persistent and serious breach by the tenant of a repairing obligation (discretionary, not compensatable) * persistent delay by the tenant in paying rent (discretionary, not compensatable) * serious and persistent other breaches of covenants by the tenant (discretionary, not compensatable) * the landlord offers suitable alternative accommodation (mandatory, not compensatable) * End of underlease and superior landlord requires whole of premises (discretionary, not compensatable) * the landlord intends to demolish or reconstruct the premises or carry out substantial construction work which require possession (mandatory, compensatable) * the landlord intends to occupy the premises for itself having owned reversion for at least 5 years before the date of termination (mandatory, compensatable)

Answer 61

6 months. ## Footnote The maximum notice period is 12 months.

Answer 62

The tenancy continues by statute, with terms of the old lease still applying but no longer under contract. ## Footnote It lasts until terminated by a s25, 26, or 27 notice. Because the old lease had ended, the rent it stated might not reflect current market value. Either party can apply to court to set an interim rent while the statutory tenancy continues.

Answer 63

* No SDLT up to £150,000 * 2% from £150,001 to £250,000 * 5% above £250,000 ## Footnote SDLT includes VAT where applicable.

Answer 64

* No SDLT up to £125,000 * 2% from £125,001 to £250,000 * 5% from £250,001 to £925,000 * 10% from £925,001 to £1.5m * 12% above £1.5m ## Footnote Higher rates apply for additional dwelling transactions.

Answer 65

£3,000 for the 2025/26 tax year. ## Footnote This amount can be deducted from total taxable gains before calculating tax.

Answer 66

Full exemption if the property was the main home throughout ownership, with certain exceptions. ## Footnote Exemption not applicable if property bought solely for gain.

Answer 67

To transfer ownership of property. ## Footnote It includes details such as title number, property description, and transferor/transferee information.

Answer 68

A brief description of the property, including details for leasehold properties. ## Footnote This includes lease details such as date, parties, term, and title number.

Answer 69

Used when only part of a title is being transferred ## Footnote Requires a plan identifying the part being transferred.

Answer 70

Additional provisions regarding rights granted and reserved including indemnity covenants, new covenants, easements, appointment of trustee EG Indemnity covenant: The Transferee covenants with the Transferor to observe and perform the restrictive covenants contained in a Conveyance dated xyz and indemnifies the Transferor against any future breach or non-observance of those covenants ## Footnote Rights granted for the benefit of the property and rights reserved for retained land.

Answer 71

Transfer of portfolio of titles ## Footnote Used for transferring multiple registered properties in a single deed.

Answer 72

Usually exempt ## Footnote The purchase price is typically inclusive of VAT.

Answer 73

Buyer receives property free of any occupants and any fixtures ## Footnote Ensures the property is empty at the time of completion.

Answer 74

20 working days ## Footnote Default time is set at 2pm unless specified otherwise.

Answer 75

Occupier must agree to vacate the property ## Footnote Should be a party to the contract if applicable.

Answer 76

Different standards apply regarding discoverability of encumbrances ## Footnote Commercial transactions have a higher standard for what the buyer should know.

Answer 77

Completion time is flexible until notice is served ## Footnote Interest accrues if completion does not occur.

Answer 78

Property description, ownership details, encumbrances, rights and easements, covenants, planning information, and title guarantee ## Footnote Ensures accurate transfer of property ownership.

Answer 79

Breach of non-rent covenants by the tenant ## Footnote Requires notice of breaches and consequences for non-remediation.

Answer 80

To request a new business tenancy under the Landlord and Tenant Act 1954 ## Footnote Provides a framework for negotiating a new tenancy.

Answer 81

Proposed terms for the new tenancy ## Footnote These terms are subject to discussion between tenant and landlord.

Answer 82

• If opposing renewal, landlord must serve a counter-notice within 2 months stating the s30(1) grounds of opposition. • If not opposing, no counter-notice is required and parties can negotiate terms for the new tenancy. • If terms are not agreed, either party may apply to court before the proposed start date in the S26 request, requesting the court to determine whether a new tenancy should be granted and on what terms.

Answer 83

• Identifies the parties (landlord, outgoing tenant, incoming tenant). • Sets out the landlord’s consent to the assignment and any conditions (e.g. AGA, guarantor, references, landlord’s costs). • Confirms assignee covenants to observe and perform the lease terms. • Addresses ongoing liability of outgoing tenant (e.g. AGA). • Includes completion and registration formalities. ## Footnote Ensures all parties understand their rights and responsibilities.

Answer 84

Guarantees the performance of lease obligations by the incoming tenant ## Footnote Ensures continuity of lease obligations.

Answer 85

All relevant licences and consents ## Footnote Ensures compliance with legal and safety standards.

Answer 86

Tenant waives rights to security of tenure under the Landlord and Tenant Act 1954 ## Footnote Must serve a warning notice before completion.

Answer 87

o The buyer’s solicitor will raise standard pre-contract enquiries. o Instead of drafting bespoke questions from scratch, the Law Society has standardised forms (the TA forms). o The seller (through their solicitor) completes these forms to provide the information. TA6 = Property Information Form; TA7 = Leasehold Information Form; TA8 = New Build; TA10 = Fittings and Contents. They provide standardised pre-contract information for residential conveyancing. They are used before exchange of contracts so the buyer can see important information and make informed decisions and to avoid post-contract disputes.

Answer 88

TA13 is sent before completion and covers vacant possession, completion arrangements, mortgage discharge undertakings, and documents to be handed over on completion.

Answer 89

CON29 contains standard local authority enquiries; CON29O contains optional enquiries such as public footpaths, noise abatement zones, and common land.

Answer 90

It reveals entries in the local land charges register such as planning consents, tree preservation orders, and enforcement notices affecting the land.

Answer 91

A chronological bundle of title deeds showing ownership, mortgages, easements, covenants, powers of attorney, and discharges, establishing the seller’s ownership of unregistered land.

Answer 92

FR1 is used for first registration of unregistered land and must be submitted within 2 months of completion.

Answer 93

FR1 form, transfer deed, SDLT5, DS1 (discharge), mortgage deed, epitome/chain of title, and land charges searches.

Answer 94

OS1 (whole title) and OS2 (part title) confirm there are no changes to the register and give a 30-day priority period to protect the buyer and lender’s interests.

Answer 95

OS1 applies to the whole of a registered title; OS2 applies when only part of a title is being transferred.

Answer 96

The priority period lasts 30 working days; if it expires before submission, later dealings may take priority over the buyer’s application.

Answer 97

AP1 is used for Land Registry applications to register changes in ownership or charges for registered land.

Answer 98

It checks whether an individual seller or buyer is bankrupt; a transaction by a bankrupt seller may be void.

Answer 99

OS1/OS2 relate to registered land, confirming title updates and priority; K15 is for unregistered land, revealing charges such as covenants or puisne mortgages.

Answer 100

It collects information about new-build properties including NHBC warranty, planning consents, adoption of roads, and service connections.

Answer 101

CHAPS is a same-day guaranteed electronic bank transfer used for completion funds to ensure immediate, irrevocable payment.

Answer 102

Submit SDLT return within 14 days, register charge within 21 days, and lodge Land Registry application (AP1 or FR1) within the priority period or 2 months for first registration.

Answer 103

A best practice framework for residential conveyancing promoting efficiency and transparency; not suitable for new builds or commercial property.

Answer 104

It confirms good title and compliance with lender requirements, enabling the lender to release mortgage advance funds for completion.

Answer 105

Obtain a redemption figure from lender (sets out exact amount needed to pay off the mortgage), give an undertaking to discharge the mortgage from sale proceeds, and obtain a vacating receipt or DS1 (lender provides this to confirm that charge is paid off).

Answer 106

Within 21 days; failure to do so makes the charge void against a liquidator or administrator.

Answer 107

SDLT return must be submitted within 14 days of completion; HMRC issues the SDLT5 certificate used for Land Registry registration.

Answer 108

Late submission incurs penalties and interest; registration of title cannot be completed without the SDLT5 certificate.

Answer 109

TR1 transfers whole registered title; TP1 transfers only part and must include a plan identifying the part transferred.

Answer 110

Transfer deed, SDLT5, DS1 (if mortgage discharged), mortgage deed, and any supporting certificates such as death or marriage certificates.

Answer 111

Homebuyer report: for modern properties in reasonable condition; full structural survey: for older, listed, or extensively altered properties.

Answer 112

A regularisation certificate confirms retrospective Building Regulations compliance; indemnity insurance only covers financial loss from enforcement but doesn’t fix the defect.

Answer 113

 2 years after completion of work and 6 months from discovering breach (6 months discovery rule is only relevant if breach is discovered within that 2-year window.)  1 year after completion of work to serve enforcement notice  Can apply for injunction at any time where work is unsafe  Enforcement notice (1 year) → civil/administrative remedy, about forcing rectification.  Prosecution (2 years) → criminal remedy, about punishing breach.

Answer 114

4 years for unauthorised building or change of use to single dwelling; 10 years for other changes of use or breach of condition.

Answer 115

o Withdraw from transaction o Ask seller to regularise matters and make a condition in contract o Indemnity insurance for financial loss (won’t cover PI or death for breach of BRs) o Retrospective planning permission (just a paper application) o Regularisation certificate (For Building Regs only - it’s a retrospective certificate for building control approval, which may require works to be opened up/remedes)  The owner applies to the local authority, paying a regularisation fee.  The building control officer may require the owner to expose, open up, or carry out remedial works so they can inspect compliance.  If satisfied, the local authority issues a regularisation certificate confirming that the works now comply with the Building Regulations.  It does not wipe out past liability for a breach, but it regularises the position going forward.  Unlike indemnity insurance, it provides a definitive solution (but often more expensive and invasive).  Lenders and buyers prefer it because it confirms compliance. o If a buyer discovers works without building regs approval, you could advise:  Option 1: Require the seller to obtain a regularisation certificate before completion.  Option 2: Accept indemnity insurance (but note it won’t cover PI/death, and lenders may not accept it).

Answer 116

A self-certification scheme for window installers allowing compliance with Building Regulations without separate inspection.

Answer 117

Checks mains water and sewer connections, and whether water company assets lie within the property boundary.

Answer 118

Used for unregistered land to check registration status, multiple titles, or presence of cautions and mineral rights.

Answer 119

Reveals charges such as restrictive covenants, puisne mortgages, and home rights registered against the owner’s name.

Answer 120

A standard telephone exchange procedure ensuring identical contracts are held by each solicitor and exchange occurs simultaneously.

Answer 121

A document prepared post-exchange confirming exchange has occurred, with date and agreed completion date recorded.

Answer 122

Notice to Complete usually gives 10 working days for completion. • Time becomes of the essence once the notice is served. • If the defaulting party still fails to complete: – Non-defaulting party may rescind the contract post-exchange. – Seller may forfeit the deposit (typically 10 percent). – Non-defaulting party may claim damages for losses arising from the breach. – Default interest is payable during the notice period (rate set in the contract, often 4% above base rate). • Buyer additionally liable for costs caused by delay (e.g. storage, extra legal fees). Purpose: To force completion or provide a clear route to termination with financial protections.

Answer 123

The buyer holds only equitable title until registration, and the transfer loses its statutory priority. A later interest can take priority, and a new transfer may be required if registration cannot proceed on the original instrument.

Answer 124

Register a notice on registered land or a land charge on unregistered land, and ensure insurance cover from exchange.

Answer 125

Enforcement Notice – Used for a planning breach. Specifies what must be remedied and by when. – Right of appeal to the Planning Inspectorate. – Non-compliance is a criminal offence. – Timing: compliance period set in notice; takes effect after appeal period (usually 28 days) if not appealed. • Stop Notice – Requires immediate cessation of specified activities. – Can be issued with or after an Enforcement Notice. – No ordinary appeal (challenge only by judicial review). – Breach can lead to fines; compensation may be payable if later found invalid. – Timing: usually immediate effect, short deadline specified. • Injunction – Court order under s187B TCPA 1990 to stop or remedy a breach. – Can be sought before, during, or after enforcement proceedings. – Breach is contempt of court (serious sanctions). – Timing: court sets compliance timeframe; can be urgent to prevent serious harm.

Answer 126

When definitive proof of Building Regulations compliance is required or lender insists on confirmation rather than risk cover.

Answer 127

• Local authorities can enforce remedial work via a notice, within 2 years of completion. If the breach is discovered within that 2 year period, they have 6 months from discovery to act. • They can prosecute offences (breach of building regulations), usually within 12 months of the offence, unless it’s continuous. For a continuous offence, the 12-month clock starts from the last day of the continuing breach, not the first act. This allows authorities to prosecute ongoing or repeated breaches even if they began more than 12 months ago. • Injunctions can be sought at any time if the works are unsafe or pose serious risk.

Answer 128

1. Application – Submit a request to the local authority with building plans, details of the unauthorised works, and the required fee. 2. Assessment – Building control reviews the submission and may request additional information or clarification. 3. Inspection – Inspectors may visit the property to check the works, and may require exposure of hidden work or minor remedial work to ensure compliance. 4. Compliance – Any required corrections must be completed to meet current building regulations. 5. Issuance – Once compliance is confirmed, the authority issues a regularisation certificate, giving retrospective approval for the works.

Answer 129

It establishes priority for registration of the buyer’s and lender’s interests for 30 days, preventing later registrations from taking precedence.

Answer 130

Inspect property to ensure it is vacant and undamaged, confirm funds are in place, and verify all conditions satisfied before sending completion monies.

Answer 131

Confirms existing or proposed development is lawful and immune from enforcement, often used for long-standing or minor works to provide legal certainty. It does not grant planning permission, so the owner cannot rely on it to carry out development outside the law; it merely certifies that the development either already complies with planning law or is permitted development.

Answer 132

Seller’s solicitor obtains redemption figure, gives undertaking to redeem from proceeds, and ensures lender provides DS1 or electronic discharge.

Answer 133

Vacant possession confirmation, completion monies calculation, discharge of mortgages, documents to be handed over, and method of completion.

Answer 134

The charge is void against a liquidator or administrator meaning it cannot be enforced against the company’s assets in an insolvency situation. It is still valid between borrower and lender so the contractual rights to repayment still exist. Late registration may still be possible, but a penalty fine applies to the company for late filing. • This rule incentivises prompt registration to protect the lender’s interests and maintain transparency in the company’s encumbrances.

Answer 135

After lease expiry, tenant holds over under LTA 1954 with statutory continuation; interim rent can be set by court to reflect market rate during holding over.

Answer 136

No SDLT on first £300,000 and 5% on £300,001–£500,000; no relief if price > £500,000. ## Footnote SDLT stands for Stamp Duty Land Tax, which is a tax on property purchases in England and Northern Ireland.

Answer 137

Additional 2% on all bands if buyer was not UK-resident for ≥ 183 days in preceding 12 months. ## Footnote This surcharge is applicable to ensure that non-residents contribute to the UK housing market.

Answer 138

0% ≤ £225k; 6% £225–400k; 7.5% £400–750k; 10% £750k–1.5m; 12% > £1.5m. ## Footnote LTT stands for Land Transaction Tax, which replaced SDLT in Wales.

Answer 139

Within 60 days of completion; also by 31 Jan after the tax year. ## Footnote CGT stands for Capital Gains Tax, which is applicable on the profit made from selling a property.

Answer 140

1. If there is no memorandum of severance. 2. If there’s no bankruptcy order. 3. If there is a conveyance which states the beneficial ownership status.

Answer 141

Legal leases must be made by a deed (unless less than 3 years, in which case they can be made orally) and registered if they are over 7 years.

Answer 142

They must be noted against the landlord’s title.

Answer 143

On first registration of the landlord’s unregistered freehold, existing legal leases for terms less than 7 years are overriding interests under Schedule 1, paragraph 1(a) of the Land Registration Act 2002. These short leases automatically bind the new registered proprietor, even though they are not entered on the register. Legal leases exceeding 7 years must be registered to take effect at law. Once the freehold is registered, these longer leases will appear on the register — either by creation of a separate leasehold title or as an entry noted against the landlord’s freehold title — and they bind the freehold through registration, not as overriding interests.

Answer 144

At common law, the burden of a positive covenant never passes to successors (Austerberry v Oldham; Rhone v Stephens). The benefit can pass if it touches and concerns the land and is intended to run with it (s.78 LPA 1925). In equity, the benefit can pass if annexed, expressly assigned, or part of a building scheme. The burden generally does not pass, except in limited cases under the mutual benefit and burden doctrine (Halsall v Brizell), where the successor takes a connected benefit that depends on the burden.

Answer 145

The burden can only pass under Halsall v Brizell under the doctrine of mutual benefit and burden.

Answer 146

In common law, the benefit can pass similarly to positive covenants, but the burden does not pass. In equity, the benefit passes if annexed, assigned at the time of transfer, or part of a building scheme. The burden passes in equity if the following are met: 1) covenant must be negative in nature, 2) it must benefit the identifiable land retained by the covenantee, 3) the original parties must have had intention for the burden to run and 4) the purchaser must have had notice of the RC

Answer 147

1) The covenant is negative/restrictive in nature. 2) It benefits the land retained by the covenantee. 3) The original parties intended the burden to run. 4) The purchaser had notice of the covenant.

Answer 148

An enforcement notice is used if someone has breached planning permissions or health and safety regulations. It sets out the breach and can require restoration, impose conditions, and has 28 days to comply. These can be appealed (appeal grounds can include: planning permission already granted, no breach, immunity through passage of time, breach remedied, unreasonable requirements.)  Appeals suspend the effect of the notice until determined.

Answer 149

A stop notice is served after an enforcement notice and requires a specified activity to be stopped. It cannot be appealed. Breach is a criminal offence.

Answer 150

1. Withdraw from the transaction. 2. Obtain indemnity insurance for financial loss. 3. Obtain retrospective planning permission (this is just a paper application). 4. Obtain a regularisation certificate (owner applies to local authority, pays a regularisation fee, building control officer might require the owner to expose, open up, or carry out remedial works so they can inspect compliance. Certificate issued once compliance is satisfied.) o If a buyer discovers works without building regs approval, you could advise:  Option 1: Require the seller to obtain a regularisation certificate before completion.  Option 2: Accept indemnity insurance (but note it won’t cover PI/death, and lenders may not accept it).

Answer 151

An easement is a right attached to the land that allows a person to use land belonging to someone else. The dominant and servient land must be owned by different people.

Answer 152

Easements can be granted or reserved and created expressly by deed or impliedly in four ways: necessity, common intention, Wheeldon v Burrows (Converts quasi-easements into easements if continuous, apparent, necessary for enjoyment of the land.) , or s62 LPA (Regularly used easements implied into conveyance. When you convey land, the deed automatically passes with it all rights, privileges and easements that are being used with it. Unlike Wheeldon v Burrows, it doesn’t require “necessity” — just that the right was being used at the time of conveyance).

Answer 153

A legal easement must be created by deed and registered.

Answer 154

For unregistered land, a legal easement is effective at law and binds successors if validly created. Equitable easements need registration to bind a new owner.

Answer 155

You will automatically be discharged when land becomes merged. Covenants can be discharged, modified, or released by agreement.

Answer 156

1. Confirm receipt and satisfaction of search results, enquiries, and survey. 2. Ensure lender is satisfied with legal ownership and condition of the property. 3. Advise buyer on building insurance requirements. 4. Ensure deposit funds are ready.

Answer 157

1. Obtain a redemption figure to ensure loan payoff. 2. Address any outstanding enquiries and disclose relevant info. 3. Secure explicit authority to exchange contracts.

Answer 158

A memorandum of exchange is prepared, a copy of the signed contract is kept, and arrangements for completion are made.

Answer 159

TA13, which includes vacant possession, deeds and documents to be sent on completion, method of completion, amount payable, and mortgages.

Answer 160

OS1/OS2 confirms any changes in title and offers a 30-day priority period. K15 Land Charges search for unregistered land against the seller's name and grants a 15-day priority period. It reveals any land charges. Solvency searches and personal inspection are also required. K16 against an individual seller – checks for a bankruptcy petition (It would void the transfer if the seller is bankrupt. Company search for company – this confirms no liquidation, receivership, or administration pending. Personal inspection - Buyer should inspect immediately before completion → to ensure property hasn’t been damaged/altered since exchange and seller has vacated.

Answer 161

The buyer's solicitor receives mortgage funds and balance, sends money to the seller's solicitor, who confirms receipt and dates the transfer deed.

Answer 162

Submit SDLT return within 14 days, register charge with Land Registry within 21 days, and submit LR application including necessary documents.

Answer 163

1. Exclusive possession. 2. Fixed term or periodic tenancy. 3. Formalities - deed for over three years, lease longer than 7 years must be registered.

Answer 164

For all leases, an absolute or qualified covenant is converted into a fully qualified covenant, meaning the landlord’s consent cannot be unreasonably withheld. Where a lease contains a qualified covenant against assignment, underletting, charging, or parting with possession without the landlord’s consent, that covenant is automatically treated as a fully qualified covenant — meaning: the landlord’s consent cannot be unreasonably withheld.

Answer 165

A Section 25 Notice is served by the landlord under the Landlord and Tenant Act 1954 to terminate or propose renewal of a business tenancy. It can either oppose renewal (on one or more statutory grounds) or propose new lease terms. It must give not less than 6 months and not more than 12 months’ notice. The notice cannot be served before the contractual term date of the lease. If the landlord is opposing renewal, they must specify which grounds under s30(1) they rely on (e.g. breach, redevelopment, own occupation). The notice ends the tenancy on the stated termination date unless renewal is agreed or an application to court is made before that date.

Answer 166

A Section 26 Notice is served by the tenant under the Landlord and Tenant Act 1954 to request a new business tenancy. It can only be served if the tenant has security of tenure under the Act. It must be served not less than 6 months and not more than 12 months before the proposed new tenancy start date. It cannot be served if the landlord has already served a valid s25 notice. The notice proposes terms for the new lease (rent, duration, etc.). If the landlord wishes to oppose renewal, they must serve a counter-notice within 2 months, specifying the s30(1) grounds relied upon. If no agreement is reached, either party can apply to court for determination of the new lease terms.

Answer 167

A Section 27 Notice is served by the tenant to terminate their business tenancy under the 1954 Act. There are two forms: s27(1) – the tenant simply vacates at the end of the contractual term without any notice. s27(2) – the tenant terminates after the contractual term has expired but before renewal. In this case, they must give at least 3 months’ written notice to the landlord. Key points: Once validly served, the tenancy ends on the termination date stated in the notice. It cannot be withdrawn without the landlord’s consent. Useful for tenants who do not wish to renew a protected tenancy.

Answer 168

The landlord has several possible remedies: Action for Debt: sue the tenant for unpaid rent once due. Forfeiture: re-enter the premises under a forfeiture clause (after serving a s146 LPA 1925 notice if required). Commercial Rent Arrears Recovery (CRAR): seize tenant’s goods to recover arrears (commercial premises only; 7 days’ notice required). Rent Deposit: draw down on any rent deposit held. Guarantor Action: pursue guarantor or former tenant under an Authorised Guarantee Agreement (AGA).

Answer 169

A restriction is noted on the proprietorship register which prevents dealings unless conditions complied with. - Looks something like: “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

Property Flashcards

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