BPP University College Of Professional Studies Limited (BPP)
Property Law & Practice
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Summary HIGH DISTINCTION LEVEL PLP - Part 2 (89) - (LEASEHOLD)
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Property Law & Practice
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BPP University College Of Professional Studies Limited (BPP)
All you need for the exam. Detailed SGS Activity notes, alongside exam structures - have this by your side during the open book exam and it will be hard not to get a distinction. This is part 2 (please see bundle options to buy part 1 and 2 together). This is the second half of all the SGS complete...
BPP University College Of Professional Studies Limited (BPP)
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Overview of the Leasehold Paper
SGS 7
Activity 1 What are the requirements for a notice? Draw a timeline
Activity 2 What can landlords and tenants do to protect their position?
Post SGS MCQs
Tenant’s s.26 request – suggested structure
s.23 LTA 1954 – T has security of tenure if:
• Tenancy – “granted a lease”
• Tenant is in occupation – “occupies the whole of …”
• For business purposes – “office and storage purposes”
MP has security of tenure UNLESS – the lease is contracted out (s.38A) – check lease;
none of the s.43 circs apply.
s.24 gives MP two rights:
- tenancy continues after CED [for MP this is 29 September 2023]
- MP can apply to court for new lease.
MP will need to serve a s.26 request on Headley - the competent landlord.
Use prescribed form and include the PCD. Here the best PCD is 29 September 2023. This
is valid because:
- It no less than six and no more than 12 months form the date of service (here 1
February 2023) AND
- It is not earlier than the CED (of 29 September 2023).
1
, - It is the best for MP because “rents are at an all time low” so the earlier the new
lease starts the better.
After the request is served Headley has 2 months from date of service of s.26 request to
serve a counter notice IF it does not want MP to have a new lease.
MP should apply to court as soon as it receives a counter notice OR after 2 months from the
date of service. Latest it can apply is the day before the PCD. MP loses its right to a new
lease if it does not apply to court.
MP should apply to the Land Registry to put a unilateral notice on the landlord’s title - as the
landlord’s title is registered.
The current lease forms the basis of the new lease but if either party wants to introduce
new provisions, they have to be reasonable – O’May case.
s.23 LTA 1954 – T has security of tenure if:
• Tenancy – “20 year lease”
• Tenant is in occupation – “currently occupies”
• For business purposes – “health and fitness”
Flex has security of tenure UNLESS – the lease is contracted out (s.38A) – check lease; none of
the s.43 circs apply.
s.24 gives Flex two rights:
- tenancy continues after CED [for Flex this is 23 June 2023]
- Flex can apply to court for new lease.
Skyline - the competent landlord - will need to serve a s.25 notice on Flex. Hostile because the
Skyline wants Flex to move out.
Use prescribed form and include the STD. It needs to include at least one s.30(1) ground.
Here the best STD is 1 August 2023 – they can’t get Flex out on CED because it is less than 6
months away.
1 Aug 2023 is valid because:
- It no less than six and no more than 12 months form the date of service (here 1 February
2023) AND
- It is later than the CED (of 23 June 2023).
- Skyline’s own lease is excluded from the Act and it needs occupation asap.
Flex should apply to court as soon as it receives a the s.25 notice. Latest it can apply is the STD. Flex
loses its right to challenge the s.30(1) grounds and ask for a new lease if it does not apply to court.
2
, If Flex applies to court, should apply to the Land Registry to put a unilateral notice on the landlord’s
title - as the landlord’s title is registered.
The current lease forms the basis of the new lease but if either party wants to introduce new
provisions, they have to be reasonable – O’May case.
3
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