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:
Type of clause? | What does it do? | Landlord’s Concerns | Tenant’s Concerns | Remedy for Breach |
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Repair | ‘Leave no brick uncovered’: When drafting repair obligations make sure all parts of premises are covered by an obligation to repair – either landlord or tenant must take responsibility: |
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| Landlord may bring a claim for damages S18 LTA 1927 – limits the maximum amount recoverable in all cases by providing that the damages cannot exceed the amount by which the value of the reversion has been diminished by the breach No damages are recoverable for failure to put or leave the premises in repair at the termination of the lease, if the premises are to be pulled down shortly after termination Leasehold Property (Repairs) Act 1938 If the lease granted for 7 years or more and still has at least 3 years left to run – special procedure landlord must follow to sue for damages. Landlord must serve notice on tenant under s146 LPA 1925 and must inform tenant of right to serve a counter-notice within 28 days. If counter-notice served, landlord cannot proceed without leave of court – landlord must prove:
Self-help If lease contains express right for landlord to enter demised premises and carry out any necessary repairs then this can occur Specific performance – rare! Forfeiture Tenant’s remedies: Damages – compare the value of the premises to the tenant at the date of assessment with their value if the landlord had complied with his obligation. Also entitled to damages for consequential loss Self-Help Specific Performance Appointment of receiver |
Insurance | Ensures that the building and premises is ensured in case of fire, flood, damage etc. Each tenant could insure his own premises and landlord insure common parts but this is not so practical Alternative and common approach is for landlord to insure whole block and cost passed on to tenants through service charge Pool Re – government backed scheme for insuring against terrorism Insurers are themselves covered in the event that there is a terrorist claim Damage to physical property rather than cyber terrorism Meaning of Acts of terrorism: S2(2) Reinsurance (Acts of Terrorism) Act 1993 HM Treasury Guidance Have to extend insurance to entire portfolio |
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| If tenant covenanted to insure and failed to do so then landlord can claim damages if premises damaged – measure being the cost of rebuilding |
Rent | Amount of rent must be certain The actual amount need not be stated as long as some means are provided by which the exact amount can be ascertained ... |
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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