Real estate law

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APRO 703 Landlord and Tenant

 

Landlord and Tenant Coursework (2)

Joanne Allen

 

HAND IN DATE 30 April 2015

 

The report must be produced and submitted in accordance with the course handbook by 30 April 2015

 

Students who hand in work later will be penalised in the marking, which will form part of the final assessment for this module.

 

You are reminded to retain a copy of your coursework submission in the event that the original goes missing.

 

Assessment Criteria

 

  1. Capacity for research skills, clarity of thought and forensic skills in discovering and recognising the legal principles inherent in a number of ‘situation based’ questions, applying and distinguishing precedent case law.

 

  1. Capacity for logical argument and consideration of alternatives, clarity of thought and expression and reflective ability to consider, compare and offer a rational ‘critique’ of concepts and the legal documents which embody them in a commercial context. ;

 

  1. Understanding of the interrelation between investment aims, practical occupier concerns and the use of the available legal ‘tools’; familiarity with, and understanding of, a diverse variety of forms of particular lease clauses.

 

 

Self-assessment.

 

Using the performance criteria above, indicate what you consider to be an appropriate percentage mark for your work.

 

Name:                                                                 Self assessment  %=
 

Particular problems encountered;

 

 

 

 

 

 

Attach this page to the front of the coursework

 

 

Answer all questions

 

For each question please support your answers with clear reasons and references to both Case Law and Statute Law, where appropriate.

 

You can make assumptions where relevant but you must clearly state all assumptions you make.

 

The total word count (the aggregate for all parts of the coursework – ie NOT per part) should be in the region of 3000 words; there is no specific limit on word-count, but if you find you are writing far in excess of 3000 words then carefully check the relevance of all you have written.

 

 

You own Lansbury Towers, a freehold office block in Edmonton, north London.

 

Question 1

 

The first floor was leased to Spotted Dice Limited in 2009 on a FRI basis for a term of ten years.  The tenant has defaulted on this quarter’s rent (due on 25 March 2015) as well as defaulting on its service charge and insurance contributions which were also reserved as rent.

 

What remedies are available to you and explain any procedural steps you would have to follow in respect of those remedies?

 

Question 2

 

The ground floor is let to Pears Limited (“Pears”) also for a term of ten years commencing on the 14th May 2010.  The lease includes a break clause which means the tenant can terminate the lease on the 13th May 2015 (“Break Date”) on giving not less than six months written notice to the Landlord before the Break Date as long as the tenant gives vacant possession of the premises and the tenant is not in breach of any of its tenant covenants.  The lease is not contracted out of Part II of the Landlord & Tenant Act 1954.

 

Your surveyor has noticed permanent stains on the floor coverings and peeling paint from the internal walls.  The Schedule of Condition shows the premises in perfect condition at the grant of the lease to the tenant.

 

Pears is facing financial difficulties.  Advise Pears on the practicalities of exercising the break clause in the lease.

 

Question 3

 

Imagine the lease of the ground floor was granted outside of Part II of the Landlord & Tenant Act 1954.  Explain the procedure with statutory references where necessary, that both the landlord and tenant would have followed in order to ensure the lease does not get statutory protection.