LPC Law Notes Property Law and Practice Notes
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Effluxion of Time P.327 |
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Notice to Quit P.328 |
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Surrender P.328 |
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Merger P.328 |
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But, if the lease falls within the remit of the Landlord and Tenant Act 1954, then it may be protected from determination under security of tenure. This means the tenant can continue in their tenancy until it is terminated in such a way that is satisfactory under the Act. This does not apply to T@W.
LL’s Remedies: T’s Non-Payment of Rent
Important questions before applying any of these remedies:
Find the clauses in the Lease that have been breached (usually all the rent clauses)
Calculate for how long the T has not paid rent
Calculate the amount of rent owed to the LL + interests (interest accrue usually 14 days after unpaid rent)
Does the LL have AGA’s with previous T’s? Are there any Guarantors?
Debt Action against Tenant or Former Tenant / guarantors P.329 Liability of former T’s P.327 |
1. serve a Default Notice on the former tenant (Default Notice on P.327); 2. within 6 months of the rent falling due. Otherwise the LL will not be able to recover from the former T or Guarantor. The LL doesn’t need to start proceedings, the LL is just serving notice of the breach
| Advantages: - Plenty of time to bring the action against T - A debt action is more easily enforceable |
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Disadvantages: - High costs of litigation - but remember that summary judgment may make things easier. | ||
Forfeiture of the Lease P.329 If rent is payable quarterly then the year’s quarter dates are:
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| Advantages: - LL can terminate the lease early and bring in a new T |
Disadvantages: - If peaceful re-entry is not possible, it will be expensive to get a court order due to costs. - The forfeiture clause must be included in the lease to be possible to use it. - The T may apply to court to be released from forfeiture - if LL accepts rent LL may forfeit its right to forfeiture. | ||
CRAR (formerly Distress) P.330 |
| Advantages: - May be able to recover the debt before secured creditors in case of T being subject to insolvency |
Disadvantages: - T may need the seized property for trading = make an income = repay LL due rent = only making matters worse for everyone. - May end up badly due to the emotional charge involved in seizing somebody else’s property. |
Collect from Sub-T |
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Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
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