You are a trainee solicitor at BCU Solicitors. Your supervising solicitor is Elizabeth Okolo. Your supervisor has presented you with THREE separate problem scenarios (Questions 1, 2 and 3) concerning three separate clients.
Your task is to assist your supervisor by carrying out LEGAL RESEARCH and providing WRITTEN ADVICE in the form of TWO separate emails to your supervisor, outlining and explaining the legal advice to be given to the clients in respect of TWO of the Questions.
Question 1: Question 1 is the COMPULSORY question, which ALL students should answer.
Questions 2 and 3: Students should answer ONE of these questions, EITHER Question 2 OR Question 3.
The OVERALL WORD LIMIT for the Land Law Assessment is 1750 WORDS. Students may utilise this word limit as they think most appropriate, however, as the marks for the questions are weighted equally, you are advised to write a similar amount for each question. For example:
900 words for Question 1
850 words for Question 2 or 3
You should write no more than 1750 words in total. Excessive length will be penalised (further details below).
You must include a word count for each of your two emails.
The penalties for exceeding the overall word limit are as follows:
- There will be no penalty for exceeding the word limit by no more than 10%.
- Students who exceed the overall word limit by more than 10% will have their mark reduced by 10% of the mark awarded. For example, if your uncapped mark is 60%, but you have exceeded the word count by more than 175 words, your mark will be reduced by 6 marks (10%) to 54%.
Referencing and Citations
You are NOT required to reference your work nor are you required to produce a bibliography. Instead you should cite any relevant legislation and case law in the body of your email. Note that using abbreviations for cases and legislation is acceptable provided that you have defined the abbreviation before you use it.
For case law, please give the name of the case and the year; you do not need to give the full citation.
· ‘As a material term of the contract is to be varied, s 2 Law of Property (Miscellaneous Provisions) Act (LP(MP)A 1989) must be complied with.’
· ‘The easement must be essential to the use of the land, not just desirable (Pryce v McGuiness (1966)).’
· ‘For the burden of the covenant to pass, according to Tulk v Moxhay (1848) it must be negative in substance.
Last week, Adam applied to the court for an order compelling the sale of the House. Yesterday, Betty was advised by Fred’s doctor that any sudden or significant change in his circumstances would cause a very serious deterioration in his condition.
Betty is requires legal advice on the following -
(1)Who were the legal and equitable co-owners of the House when it was acquired, and the nature of their co-ownership? Please include explanations.
Legal Owners of the house were:
(2) Whether and how the events subsequent to acquisition affected the legal and equitable co-ownership of the House;
(3) Whether Adam is likely to obtain a court order for the immediate sale of the House.
Six months ago, Priti entered into an agreement (‘the Agreement’) with Dom and he moved in to the Apartment. The Agreement includes the following:
‘1. This is a licence agreement.
2. The licensor, Priti, grants to the licensee, Dom, the right to exclusiv occupation of the Apartment situated on the first floor of Trafalgar House for a period of three years commencing today.
3. The licensor retains a key to the Apartment and the right to access the
4. The license fee is £1,500 per month.
5. The licensee must keep in repair the Apartment and all its installations.
6. The licensee may not assign his interest in the Apartment without first obtaining the licensor’s written permission.’
Dom moved into the Apartment immediately the Agreement was made. At that time, Priti was using the ground floor as an office space however two months ago Priti converted the ground floor into Trafalgar’s, a late-night bar. The bar is very popular. Its outdoor smoking area is located directly below the Apartment’s bedroom window. The noise generated by the bar’s sound system and use of the smoking area are significantly affecting Dom’s ability to sleep.
Last month, the Apartment’s central heating system stopped working. Dom reported the problem to Priti, but Priti informed him that, under clause 5 of the Agreement, Dom had to fix the problem.
Last week, rain water came through the roof of the Apartment and ran down a living room wall. Dom reported the problem to Priti, but she told him that the roof had always leaked because it had been constructed with substandard materials, and she reminded Dom that, under clause 5 of the Agreement, Dom was responsible for any necessary remedial work.
Priti has never attempted to access the flat and indeed has told Dom that she retained a key for emergency purposes only.
Having discussed these facts with Dom, I have been able to identify three specific points on which he requires advice-
(a) whether he has a lease or a licence. Please consider each alternative. Can you please detail the relevant law – including cases- to assist me in advising Dom.
At this point, proceeding on the basis that he has a lease (I do not need any research completing on the basis it is a licence), please research and advise whether-
(b) Priti is responsible for repairing the central heating system and the roof.