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Property Practice
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Investigation of a registered and unregistered freehold title
5 Topics
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key elements and structure of freehold property transactions
process of analysing Land Registry official copy entries
process of analysing an epitome of title and deducing ownership
issues that could arise from an investigation of title and further action required
purpose and process of reporting to the client
Pre-contract searches and enquiries
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range and purpose of making searches and raising enquiries
who would make the searches and raise enquiries
results of searches and enquiries
Law Society Conveyancing Protocol
Finance
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sources of finance for a property transaction
Types of mortgage
Acting for a lender – lender’s requirements
Acting for a lender – purpose of a certificate of title
Preparation for and exchange of contracts
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Key conditions contained in the Standard Conditions of Sale
key conditions contained in the Standard Commercial Property Conditions
Purpose of, and matters covered by, special conditions
Deposits – stakeholder or agent
insurance and risk
basics of VAT in a contract
timing for issuing certificate of title to a lender
the practice, method and authority to exchange
consequences of exchange
Pre-completion
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form of transfer deed and formalities for execution
pre-completion searches
pre-completion steps
Completion and post-completion
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methods and effect of completion
post-completion steps
Remedies for delayed completion
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common law damages
contractual compensation
notice to complete
rescission
Leases
Structure and content of a lease
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repair
insurance
alterations
user and planning
rent and rent review
alienation
options for the term of a lease
Code for Leasing Business Premises
Procedural steps for the grant of a lease or underlease
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drafting the lease
purpose of an agreement for lease
deduction of title
pre-contract enquiries and searches
pre-completion formalities
completion and post-completion steps
Procedural steps for the assignment of a lease
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deduction of title
pre-contract enquiries and searches
landlord’s consent
deed of assignment and covenants for title
pre-completion formalities
authorised guarantee agreement
completion and post-completion steps
Licence to assign and licence to underlet
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purpose of and who prepares the draft
privity of contract and how the licence deals with this
key provisions in the licence
Leasehold covenants
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liability on covenants in leases granted before 1 January 1996
liability on covenants in leases granted after 1 January 1996
Remedies for breach of a leasehold covenant
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action in debt
forfeiture
Commercial Rent Arrears Recovery
pursue guarantors and/or rent deposit
specific performance
damages
self-help/Jervis v Harris clause
Termination of a lease
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effluxion of time
notice to quit
surrender
merger
Security of tenure under a business lease
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Landlord and Tenant Act 1954 (Part II)
application of 1954 Act
renewal lease by the tenant
termination by the landlord
landlord’s grounds of opposition
terms of new lease
availability of compensation
Planning law and taxation
Core principles of planning law
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Statutory definition of “Development”
Matters that do not constitute “Development”
Matters that do not require express planning permission
Building regulation control
Enforcement: time limits and the range of local planning authority’s enforcement powers
Taxation (property)
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Stamp Duty Land Tax and Land Transaction Tax
SDLT – basis of charge in both England and Wales for residential property
SDLT – basis of charge in both England and Wales for non-residential freehold property
Value Added Tax (property)
Capital Gains Tax (property)
Property Practice Assessment
