BPTC Law Notes Property and Chancery Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...
The following is a more accessible plain text extract of the PDF sample above, taken from our Property and Chancery Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
INTRODUCTION
Name and role
Purpose of conference
Agenda
AREAS OF QUESTIONING
Claim: Business Tenancies
How much rent?
Rent payable – Quarterly?
Workers? Offices?
Do they have alternative offices?
Location of Main Office
Contemplating recovering possession of the building from XX
Is property needed immediately?
For their own business use
Ground To be gutted and refurbished
What type?
How?
When?
Who?
Can ground floor be refurbished w/o disturbing the other floors
Using substantial part of property?
XX informed of intention to continue tenancy?
ADVICE
Law of Business Tenancies
Governed by Part II Landlord and Tenant Act 1954
Section 23 (1) provides that:
“this Act applies to any tenancy where the property compromised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purpose of a business carried on by him or for those and other purposes”
Requirements
There must be a tenancy
The premises must be occupied by the tenant
Exclusive possession of property
The premises must be occupied for the purposes of a business carried on by the tenant
Business is widely defined in s23 to include a ‘trade, profession or employment’. It includes a trade profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate: s.23(2).
Claimant’s Case
Procedure
Serve a s25 Notice – Notice to terminate tenancy
Be served not less than six (6) but not more than twelve (12) months before termination date
The termination date is as specified in the notice and cannot be earlier than the contractual end date.
In prescribed form
State whether landlord will oppose new tenancy (see amendments in Art 4 SI 2003/3096)
Hostile notice: landlord will oppose and on what grounds
Be served by “competent” landlord (s44 and Sch 6)
The landlord must have more than fourteen (14) months to run on their own lease.
After the landlord has given a s25 notice for termination, the tenant can apply under s.29 for a new tenancy or the landlord can apply for a new tenancy to be granted, or for termination of tenancy on s.30 ground.
The time limit for application is before the termination date as specified in the notice.
The parties can extend the time limits.
The landlord must within 2 months serve a counter notice, informing the tenant whether he will oppose the grant of a new tenancy, and, if so, on what grounds.
Procedure – CPR part 56
The claim should be commenced at the County Court to the district where the land is situated, although, if it is a complex claim, it can be started in the High Court.
There are different procedures for opposed and unopposed claims.
Opposed: where the landlord is opposing to the new tenancy on one of the grounds under s30.
The tenant must use the Part 7 Procedure.
Unless ordered otherwise, any grounds of opposition should be dealt with as a preliminary issue. Failure of which, a further trial would be ha for the terms, rent and duration of the tenancy.
s.30 grounds of opposition to new tenancy (Discretionary):
Breach of repairing obligations by the tenant
Persistent delay in paying rent
Other substantial breaches of covenant by the tenant
Landlord can provide suitable alternative accommodation
Landlord intends to re-let whole
Where the tenancy was a sub-letting of part and the landlord can show that s/he intends to re-let the whole of the premises at a higher rent.
Demolition or Reconstruction of premises
Landlord intends to occupy (can’t use this if he purchased...
Buy the full version of these notes or essay plans and more in our Property and Chancery Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...
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