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URGENT Land law question help!

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    So one of the questions in the exam is compulsory, where we have to write a letter advising the client. we get a pre released scenario which is this:


    Farid is the registered proprietor of the freehold of a large Victorian detached house at No 2, The Mount, Headingley (“the Property”). Unfortunately in the last year Farid has suffered ill health and has employed Mehmoona, a professional nurse, to be on 24 hour standby for him should he take a turn for the worse. In the attic of the Property there is a self-contained flat which in 2010 Farid let to Edward for 3 years in a written agreement entitled a “licence agreement”. Edward moved in and has been paying an annual “licence fee” of £4,000 by monthly instalments; this is lower than equivalent attic flats in the area. Under the terms of the licence agreement Farid agreed to clean the rooms of the attic flat and to remove rubbish from its hallway each week. Due to ill health Farid has never carried out this work.
    His failing health is such that Farid has been considering two options; either to arrange for Mehmoona to live in permanently or to move to a residential care home. After much consideration he has decided to sell.

    To me, the most likely outcome will be something along the lines of "advise Edward to his rights". What would his rights be? What method would you go through the question?
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    anyone help please?
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    Someone, anyone help!
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    (Original post by TimmonaPortella)
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    Really sorry to do this to you guys but I've had no responses and I'm desperate! Do you all think that the question about the scenario in my OP could be about whether Edward could claim he could have a lease (which would make it harder for Farid to make him leave) and then I advise him in the letter as to whether he could have a lease? Do you think he could have a lease? I don't think that he does as he doesnt seem to have exclusive possession, although Farid doesn't seem to exercise that right to his self contained flat. There is a determinate term. and it doesn't look like farid intended to give a legal lease as edward signed a license agreement. Can anyone else think what the object of the scenario could be? (we have to write a letter advising the client). thank you in advance!
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    (Original post by insignificant)
    I will rep everyone here for the help they give me.

    So one of the questions in the exam is compulsory, where we have to write a letter advising the client. we get a pre released scenario which is this:


    Farid is the registered proprietor of the freehold of a large Victorian detached house at No 2, The Mount, Headingley (“the Property”). Unfortunately in the last year Farid has suffered ill health and has employed Mehmoona, a professional nurse, to be on 24 hour standby for him should he take a turn for the worse. In the attic of the Property there is a self-contained flat which in 2010 Farid let to Edward for 3 years in a written agreement entitled a “licence agreement”. Edward moved in and has been paying an annual “licence fee” of £4,000 by monthly instalments; this is lower than equivalent attic flats in the area. Under the terms of the licence agreement Farid agreed to clean the rooms of the attic flat and to remove rubbish from its hallway each week. Due to ill health Farid has never carried out this work.
    His failing health is such that Farid has been considering two options; either to arrange for Mehmoona to live in permanently or to move to a residential care home. After much consideration he has decided to sell.

    To me, the most likely outcome will be something along the lines of "advise Edward to his rights". What would his rights be? What method would you go through the question?
    As a Scots lawyer my letter would be to ask him what the hell he's doing 'registering' this 'freehold' nonsense and then go for lunch.
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    Whatever question you'll ultimately be asked will revolve around leases - is it a lease or a licence, have the formalities of creation been complied with, is it legal or equitable, etc? If a lease, how can it be terminated? It's possible you've received no replies because the facts in the scenario cover much of the whole gambit of leases, so short of re-writing your lecture notes it's difficult to address all of the points. Every line in the facts is pointing you towards an arguable issue. I'd concentrate, with time short before an exam, on the difference between a lease and a licence. Why would the landlord argue for a licence and the tenant for a lease? What is a sham? Exclusive possession. Terms which, although not acted upon, were in the genuine contemplation of the parties. What turns Edward from a tenant into a lodger? If a lease how can it be terminated or what are the effects of sale of the property - has the lease been created in such a way as to survive that? I'd want to have, as a very minimum suggestion, Street v Mountford, Snook v London&West Riding Investments, Aslan v Murphy, Mikeover v Brady, Markou v Da Silvaesa, Antoniades v Villiers, Gray v Brown, under my belt. That's just looking at the main issue of lease/licence.
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    (Original post by cliffg)
    Whatever question you'll ultimately be asked will revolve around leases - is it a lease or a licence, have the formalities of creation been complied with, is it legal or equitable, etc? If a lease, how can it be terminated? It's possible you've received no replies because the facts in the scenario cover much of the whole gambit of leases, so short of re-writing your lecture notes it's difficult to address all of the points. Every line in the facts is pointing you towards an arguable issue. I'd concentrate, with time short before an exam, on the difference between a lease and a licence. Why would the landlord argue for a licence and the tenant for a lease? What is a sham? Exclusive possession. Terms which, although not acted upon, were in the genuine contemplation of the parties. What turns Edward from a tenant into a lodger? If a lease how can it be terminated or what are the effects of sale of the property - has the lease been created in such a way as to survive that? I'd want to have, as a very minimum suggestion, Street v Mountford, Snook v London&West Riding Investments, Aslan v Murphy, Mikeover v Brady, Markou v Da Silvaesa, Antoniades v Villiers, Gray v Brown, under my belt. That's just looking at the main issue of lease/licence.
    Thankyou SO SO much I can't thank you enough. The only problem is, its not a normal question, as its a letter advising a client we can't include cases or statute, it has to be in 'lamens' terms. I'm trying to create a letter tonight so I can memorise it for the exam.
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    Bear in mind that you may be asked to advise the owner if he can sell the house and what conditions might attach to that sale or to advise the tenant if, and how, he can remain in his flat if the house is sold. Don't forget the nurse and the possibility of occupation referrable to some relationship other than that of landlord and tenant. I'd be wary of trying to write and memorise an answer. I'd be more inclined to make sure I understand the law relating to the various issues, block out a structure in relation to each potential client and then adapt it in the exam depending on the precise question asked. I'd take each issue in the facts and go back through my notes to look for the answers on each one. Every little detail is important in there. For example you are told that the rent is £4000 per year but payable monthly. Remember that it's the period upon which the rent is calculated, not payable, which is important. Note that that rent is significantly lower than similar properties in the area so you're thinking about the lease not exceeding a term of three years at the best rent reasonably obtainable etc. etc..
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    (Original post by cliffg)
    Bear in mind that you may be asked to advise the owner if he can sell the house and what conditions might attach to that sale or to advise the tenant if, and how, he can remain in his flat if the house is sold. Don't forget the nurse and the possibility of occupation referrable to some relationship other than that of landlord and tenant. I'd be wary of trying to write and memorise an answer. I'd be more inclined to make sure I understand the law relating to the various issues, block out a structure in relation to each potential client and then adapt it in the exam depending on the precise question asked. I'd take each issue in the facts and go back through my notes to look for the answers on each one. Every little detail is important in there. For example you are told that the rent is £4000 per year but payable monthly. Remember that it's the period upon which the rent is calculated, not payable, which is important. Note that that rent is significantly lower than similar properties in the area so you're thinking about the lease not exceeding a term of three years at the best rent reasonably obtainable etc. etc..
    Thankyou. I dont recall being taught anything regarding how a tenant could remain in a house if the house is sold, also with regard to the nurse thats irrelevant because he has decided to sell the house so she wouldn't be moving in anyway. I'm unsure why thats mentioned to be honest when its made irrelevant.
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    You might find that your tenant actually has a whooping great proprietary interest in land if he has a lease, which is one of the very reasons the landlord gave him a "licence agreement". You need to understand this to advise either side. The nurse may appear an irrelevance at the moment but what if the question asks you advise the owner regarding his options of selling, possibly with old Ed still up in the attic, or staying and moving the nurse in fulltime - into occupation. Will the nurse have a lease, a licence or something else and how do we get rid of the nurse in 3 months if we don't get on ?

    When is your exam? I have some reasonably good notes on leases which I could PM to you but presumably you have your own. It's dangerous, I think to compartmentalise land law. It all fits together like a big jigsaw. Let me know if you want them.
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    (Original post by cliffg)
    You might find that your tenant actually has a whooping great proprietary interest in land if he has a lease, which is one of the very reasons the landlord gave him a "licence agreement". You need to understand this to advise either side. The nurse may appear an irrelevance at the moment but what if the question asks you advise the owner regarding his options of selling, possibly with old Ed still up in the attic, or staying and moving the nurse in fulltime - into occupation. Will the nurse have a lease, a licence or something else and how do we get rid of the nurse in 3 months if we don't get on ?

    When is your exam? I have some reasonably good notes on leases which I could PM to you but presumably you have your own. It's dangerous, I think to compartmentalise land law. It all fits together like a big jigsaw. Let me know if you want them.
    Its tomorrow I would be eternally grateful for these notes.
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    Have PM'd you
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    (Original post by cliffg)
    Have PM'd you
    Thankyou so much, wish I could rep you again but I can't!
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    I can't send these notes until you check your PMs and e mail me. I'm getting more concerned about your exam than you are.
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    After much consideration he has decided to sell.

    I would consider a discussion on contractual license, on whether it will bind new buyer.
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    (Original post by cliffg)
    When is your exam? I have some reasonably good notes on leases which I could PM to you but presumably you have your own. It's dangerous, I think to compartmentalise land law. It all fits together like a big jigsaw. Let me know if you want them.
    Is there any chance I could be really cheeky and ask if I could have a copy of your notes? I thought I understood leases really well, but reading that question I don't have a scooby doo how to answer it!
    I can send you a bag of minstrels to sweeten the deal!
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    (Original post by insignificant)
    I will rep everyone here for the help they give me.

    So one of the questions in the exam is compulsory, where we have to write a letter advising the client. we get a pre released scenario which is this:


    Farid is the registered proprietor of the freehold of a large Victorian detached house at No 2, The Mount, Headingley (“the Property”). Unfortunately in the last year Farid has suffered ill health and has employed Mehmoona, a professional nurse, to be on 24 hour standby for him should he take a turn for the worse. In the attic of the Property there is a self-contained flat which in 2010 Farid let to Edward for 3 years in a written agreement entitled a “licence agreement”. Edward moved in and has been paying an annual “licence fee” of £4,000 by monthly instalments; this is lower than equivalent attic flats in the area. Under the terms of the licence agreement Farid agreed to clean the rooms of the attic flat and to remove rubbish from its hallway each week. Due to ill health Farid has never carried out this work.
    His failing health is such that Farid has been considering two options; either to arrange for Mehmoona to live in permanently or to move to a residential care home. After much consideration he has decided to sell.

    To me, the most likely outcome will be something along the lines of "advise Edward to his rights". What would his rights be? What method would you go through the question?




    Just been trying to answer the question myself as a bit of revision

    Could you say that if Edward stays in the flat, and Farid does not inform any prospective purchasers of Edward's existence then he'd have a claim for actual occupation, overriding interests under LRA 2002?

    Also, with regards to the nurse, I've got in my notes here: with regards to emplyoment (e.g. a warden) this does not create a lease as it is necessary to their employment contract.

    Aaaannddd... With regards to the lower annual payment thingymabob, could you say that it is irrelevant as under Section 205(1)(xxvii) LPA 1925: "...whether or not at a rent" - nothing about fair market price etc, and also in Leadenhall Residential 2 Ltd. v Stirling it says that existence of payment is not conclusive but probably best evidence of intention --> again nothing about needing to be the same price as others in the market.
    ^^ btw sorry if none of this is relevant or a complete bunch of rubbish.

    Good luck tomorrow
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    (Original post by sophie_snail)
    Is there any chance I could be really cheeky and ask if I could have a copy of your notes? I thought I understood leases really well, but reading that question I don't have a scooby doo how to answer it!
    I can send you a bag of minstrels to sweeten the deal!
    Have PM'd you. Minstrels won't buy me, though.
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    (Original post by sophie_snail)
    Just been trying to answer the question myself as a bit of revision

    Could you say that if Edward stays in the flat, and Farid does not inform any prospective purchasers of Edward's existence then he'd have a claim for actual occupation, overriding interests under LRA 2002?

    Also, with regards to the nurse, I've got in my notes here: with regards to emplyoment (e.g. a warden) this does not create a lease as it is necessary to their employment contract.

    Aaaannddd... With regards to the lower annual payment thingymabob, could you say that it is irrelevant as under Section 205(1)(xxvii) LPA 1925: "...whether or not at a rent" - nothing about fair market price etc, and also in Leadenhall Residential 2 Ltd. v Stirling it says that existence of payment is not conclusive but probably best evidence of intention --> again nothing about needing to be the same price as others in the market.
    ^^ btw sorry if none of this is relevant or a complete bunch of rubbish.

    Good luck tomorrow
    Hey sorry, didn't see that you had quoted me. my exam was on friday and I didn't end up doing it, my brain had a sort of melt down. Doing it in the summer, but still get the same scenario, so I need to find out what the question was so i know that that won't come up. when i get feedback on the question from the exam Ill let you guys know how it was supposed to be answered too.
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    (Original post by insignificant)
    Hey sorry, didn't see that you had quoted me. my exam was on friday and I didn't end up doing it, my brain had a sort of melt down. Doing it in the summer, but still get the same scenario, so I need to find out what the question was so i know that that won't come up. when i get feedback on the question from the exam Ill let you guys know how it was supposed to be answered too.
    Eeeep, sorry to hear about the meltdown! And sorry my advice wasn't in time

    I hope the rest of exams goes well

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