SQE2 DRAFTING

Question 1

Drafting a TR1 where a TiC seller has died

+
Where a sole owner died

Answer 1

Name inserted = remaining owner(s), only need 2*

Exec. name where sole owner died

*this should name a trustee where appointed

Question 2

Undertaking of costs

Answer 2

‘Costs undertaking in respect of [application on DATE] between xyz’

‘we act for [our client]’

Question 3

Report on title - 8 points

Answer 3

1. definitions
2. executive summary of notable issues
3. purchase price, deposit, agent v stake
4. matters benefitting/burdening the property
5. search results
6. pre-contract enquiry responses
7. building/planning issues
8. insurance/SDLT

Question 4

Leasehold terms

Answer 4

definitions
main terms
tenant’s obligations
landlord’s obligations
grounds for landlord’s entry
break clauses
additional terms between parties

Question 5

Licence to assign terms

Answer 5

Definitions
Licence to assign
Assignee/then tenant (og) obligations
Termination of this Licence
Agreements
Notices
Jurisdiction

Question 6

section 25 or 26 LTA NOTICE

Answer 6

title = act

1. this notice relates to the following property:
2. I am giving you notice that under ACT, I am requesting a new/terminating the tenancy to start/end on DATE
3. proposed terms as below
4. if you do not agree to these, either of us can go to court
5. state your intention to go to court by date in para 2

(if s 26, that landlord can oppose on below grounds)

5. please send correspondance to…

Question 7

section 146 remedy a breach of lease

Answer 7

1. the notice relates to [property lease] between [parties]
2. set out relevant covenants - set out breach of covenants
3. incapable of remedy or need to be fixed by [date]
4. required to compensate for this
5. if do not fix, landlord entitled to enter
6. tenant has right to counter