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:
There are 5 different types of Alienation: | 1. Assignment P.349 | T disposes of residue of the term of the lease and retains no interest in the property or lease. It must be by deed (s.52(1) LPA) and registered at Land Registry. If unregistered, a lease of 7 years or more will trigger compulsory first registration (use Form TR1). Assignment pre-01/01/96 There is an Implied indemnity covenant from assignee to assignor except in unregistered land where the value is not given by assignee (s.77 LPA). Instead, an express indemnity covenant is used (SCPC 6.6.4) Assignment on or after 01/01/96 Assignor automatically released of future liability, so no need for indemnity. But, if there’s an AGA an express indemnity from assignee to assignor must be included because it’s not implied (SCPC 6.6.4) |
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2. Sub-Letting | T creates new leasehold interest between him and the subtenant of part or the whole of the premises which were let under the original lease (known as the “Head-Lease”). The sublease can be either for part of the original term or for almost the whole of the original term but with a nominal revision. The T retains an interest in the property even if it is just for one day. During the term of the sublease the T is the landlord of the sub-T | |
3. Parting with Possession | This includes assignment and sub-letting. T allows someone else into occupation or so that T is excluded from occupation themselves. [NB: s.42 LTA ’54 “two bodies corporate shall be taken to be members of a group where one is the subsidiary of the other or both are subsidiaries of a third body”] | |
4. Shared Occupation | Several different people/companies occupy the same premises at the same time with the T | |
5. Charging | Grant a mortgage/other security or other debenture over the freehold or leasehold interest held by T as a security for borrowings |
Landlord’s Concerns | Assignee’s Concerns | Assignor’s Concerns |
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Obtaining Landlord’s Consent to Assign: [see next couple of pages for Covenants Question Structure]
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Undertaking |
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References |
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Surety/Guarantors |
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SCPC 10.3 Deals with Consent P.348 |
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Conditions for Consent are imposed by s.19(1A) LTA ’27 -only applies to Assignment of commercial leases - only applies to qualified covenants - only applies to leases after 1 January 1996 |
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Absolute Covenants P.346 |
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Qualified Covenants (QC) P.346 1. A QC permits T to assign if:
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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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