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:
REMEDIES FOR BREACH OF COVENANTS
Commercial Leases
Dealing with Tenant’s Non-Payment of Rent | ||||
Option | Procedure | Advantages & Disadvantages | ||
Take T3 to Court for the debt |
| Pros |
| |
Cons |
| |||
Threaten to commence insolvency proceedings – force T3 into insolvency |
| Pros |
| |
Cons |
| |||
Commercial Rent Arrears Recovery [CRAR] (set procedure) |
| Pros |
| |
Cons |
| |||
Pursue T2 under AGA [New Lease] Pursue T3’s Guarantor or Original T (T1) [Old Lease] |
| Pros |
| |
Cons |
| |||
If T3 breaches a leasehold covenant & L has served a s.17 notice on former T/guarantor (to recover a fixed sum), they can serve a s.19 notice on L for an overriding lease. This basically makes former T/guarantor the ‘intermediate’ L between head L and current T. This means they can seek to forfeit the lease rather than get hit continually for each outstanding quarter’s rent by head L. | ||||
Surrender |
| Pros |
| |
Cons |
| |||
Threat of Forfeiture as T3 is in breach of covenant (but don’t follow through) |
| Pros |
| |
Cons |
|
* Peaceable (physical) re-entry [PR]
Problematic – only used by ‘bullish’ landlords [cannot be used for residential premises]
S.6 Criminal Law Act 1977: criminal offence to use or threaten force to gain re-entry while person on premises is opposed to re-entry
Potential breach of Human Rights Act 1998 [Protocol 1 Article 1 - right to peaceful enjoyment of one’s possessions]
Consequently, PR only used in unoccupied commercial premises – L will enter and change locks at night
L may be unsuccessful - T can apply to Court for ‘relief’ from forfeiture by PR,
i.e. Court can set aside re-entry (Billson v Residential Apartments (1992) – generally available where T pays outstanding rent & L’s legal costs
** Forfeiture Clause
‘The Landlord may in any of...
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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