Business Tenancies
Problem: Security of Tenure: Business Landlord and Tenant. The aim of the Landlord and Tenant Act 1954, Part II legislation, given by the Law Commission is to "give traders and professional persons a general right to retain their business premises so long as they comply with their obligations as tenants". Therefore, in order to ascertain whether the occupiers of Robin's flat may gain protection from the statute they must fulfil the relevant criteria stipulated in the act. The Law Commission also stipulates that "Landlords are not unreasonably prevented from regaining possession if they want the property for their own occupation of to redevelop it" which is relevant to Robin's intentions which may provide grounds for opposition against the tenants' potential claims. However, in order for tenants to gain protection from the Landlord and Tenant Act, Part II and in order for the Landlord to rebut these claims certain criteria which may be found in statute and case law must be fulfilled.Each tenant's situation will be examined in order to ascertain whether they are or are not eligible for protection under the LTA, 1953, Pt II. Robin's girlfriend, Marion, has been renting a flat on the fifth floor. She has been running her massage business from the flat for the last three years without having told Robin. The fact that the term exceeds 6 months means she is not exempt from
Reflective commentry on Group Work
Nabeel mushtaq, Group A, MBA, International management individual report EXECTIVE SUMMARY Burberry has been gradually enhancing its international presence. Burberry has a reputation for innovation and quality. Their goals being, share data, information and knowledge through out the group of companies world-wide and improve the way they manage them in both their head quarters and subsidiaries, recently considered the procurement of ERP software in obtaining sustainable competitive advantage. Organization design is an overall pattern of structure components and configurations used to manage the total organization. Most appropriate design of an organization depends on several factors. Firm size, strategy, technology, environment, culture, degree of internationalization, product knowledge dependability, area knowledge dependability, need for efficiency, cost coordination, control, need for autonomy, need for cost group learning, local need, customer needs, needs of agility, corporate goal. Key sensitising issues are considered as • Current data, information and knowledge management • Core processes and high level information needs • Feasibility of implementing an Enterprise system • Methodologies in implementing an ERP system • Change management issues focusing on Business Process Reengineering and EIS implementation. • Potential implications of supply
TLATA altered the rights of The Wolfenden Report shifted perceptions about the role of the law in enforcing morality.'
The tenants in common are owners of undivided shares and whilst the advantage is that they avoid the 'survivorship wheel of fortune' and can decide to whom their share may vest, its drawbacks are the great inconvenience it creates for the conveyancing process. The 1925 legislation sought to promote free alienability of land and aimed to simplify the conveyancing system. Consequently it held that the tenancy in common, could exist only in equity and also that whenever land is subject to co-ownership a trust for sale is imposed. The equitable interests in the land were presumed to be rights in personalty...and therefore all trustees had an automatic duty to sell1. However since the coming into force of the LPA19252 the position of undivided owners is different from what it was before. No longer is property purchased primarily for investment as matrimonial and cohabiting purposes are fast becoming more popular. However the doctrine of conversion was never strictly applied and courts decisions were often based on the specific purposes of the property. TLATA3 introduced new reforms for undivided owners, and this practice has now been given statutory effect under the trusts of land. The general rule pertaining to a trust remains applicable to TLATA and trustees have a fiduciary duty to safeguard the interest of the beneficiaries'. Whilst the act followed the recommendation4 to
Property law: Land Law.
PROPERTY LAW: LAND LAW Property law: Land Law Assignment 2 PART 1 a. The 2 forms of estate that can exist at law are Freehold and Leasehold. The clause 'term of years absolute' makes reference to the latter, in particular the nature of the lease and is made explicit in LPA 1925 s.1. The 'term of years' refers to the length of the lease. This can be of any duration of time, from periods of less than a year, to a year certain, a fraction of a year, more than a year and from year to year. The phrase 'absolute' indicates that the lease may be executed now to grant a term beginning upto 21 years in the future. In other words, the lease can be drawn up and agreed and executed well before it begins to take effect. b. All the properties are freehold and have been let on fixed term tenancies. i) a self-contained flat let on a weekly tenancy In this instance, the contract between the landlord and tenant is a short-term agreement of under 3 years and would therefore normally be in the form of a 'tenancy agreement'. This form of agreement is a document that is not in the form of a deed as defined in s.54 (2) of the LPA 1925. If the termination of tenancy is required, then, at the very least, the tenant has certain protection under common law and under statute. In the former case, a Notice to Quit must be served that is in length equivalent to at least the complete period
'The Land Registration Act 1925 was not intended to alter the practice of physical inspection, which was to remain subject to doctrine of notice. More recent interpretations fail to recognise this fact'. Discuss
Name: Divya Basanta Lala Class Group 6 2003 Exam Paper Question 6B 'The Land Registration Act 1925 was not intended to alter the practice of physical inspection, which was to remain subject to doctrine of notice. More recent interpretations fail to recognise this fact'. Discuss, with reference to S70(1)(g) of the Land Registration Act 1925 (now Schedule 1, para 2, Schedule 3, para 2 of the Land Registration Act 2002) Introduction The Land Registration Act (LRA) 1925 was one of the main statutes born from the 1925 code of legislation. The main purpose of the 1925 legislation was to make land more freely alienable and to reduce the onerous task of a purchaser in investigating title, whilst at the same time affording protection to the owners of equitable interests in the land. The main problem in land law is to achieve a balance between the interests of a purchaser (which includes a lesser and a mortgagee) on the one hand, and those who hold an equitable interest in the land on the other hand. The LRA 1925 brought a totally new system of conveyancing which required eventual registration of title to all land. It tried to solve the pre-1926 conveyancing problem which was the hazard to the purchaser of the doctrine of notice. To understand what the doctrine of notice is, a good starting point is to give a brief description of how land was dealt with before this 1925
Tenancy case question. The problem faced by Linda is whether or not Terry, Tina and Dave are tenants. There has to be a tenancy in order for them to claim that right. Therefore a tenancy has to be created by a lease. Since Linda created a licence agree
The problem faced by Linda is whether or not Terry, Tina and Dave are tenants. There has to be a tenancy in order for them to claim that right. Therefore a tenancy has to be created by a lease. Since Linda created a licence agreement between Terry and Tina we need to look more closely at the arrangement in order to ascertain if they have any rights. Even though Linda initially set up a licence agreement with Terry and Tina we need to consider the fact that it is indeed a licence and not a lease. Dave on the other hand is also claiming to be a tenant and the agreement between Linda and Dave is not specified, we can still determine his status by looking at his position within the house. Consideration of whether or not they have a licence or lease is the main issue here. A lease can be said to be a proprietary right (an interest in land), where it allows a person to use the land for a period of time without essentially owning it. Whereas a licence is only a personal arrangement between two parties, a licensee has the owner's permission to be on land. The Law of Property Act (LPA) 1925, s.1 identifies that a lease can exist either as a 'legal' or 'equitable' interest, this will be further elaborated once it is established if any parties do actually have a lease. We can see from this that if Linda was to sell the house the purchaser will effectively be bound by Terry,
Registration of land
Land registration isn't a new concept, its dates as early as the mid 19th century1. The first statute to govern land registration was Land Registration Act 1862. 2 Due to the lack of technological services, it led to the downfall of the first land registry3 mainly due to the fact that it was not compulsory to register. Furthermore, any further transactions were also not recorded. The second statute, Land Transfer Act 1875 created to govern land registration implemented several steps to improve the older one but yet, it failed leaving land registration on a breaking point. 1925 was the point where land registration took a giant leap with the implementation of 2 new legislation; Land Registration Act 1925 and Law of Property Act 1925. In 1950 it was said that the office had registered over one million titles and by 19634, about 2 million5. However, registered land was still not open to the public. However, the availability of latest technology led to an electronically based system6 which could provide registered land titles for the viewing of the public. In 2002, a new piece of legislation emphasizing on electronic conveyancing which is the Land Registration Act 2002 was created. Its aim is to have all marketable and transferable property in England and Wales to be registered by 20127. It replaced the old statute immediately but still applying the fundamental principles. The
Tenancy Type. Mary owns a residential property in Putney, London. Five months ago she entered into a written agreement to let the whole of the property to Martin for a period of five years and Martin duly moved in. The agreement specifically stated, inte
Task 3: Mary owns a residential property in Putney, London. Five months ago she entered into a written agreement to let the whole of the property to Martin for a period of five years and Martin duly moved in. The agreement specifically stated, inter alia, that the property must be used for residential purposes only. M now considering using the property for business purposes. Mary may sell the house. Before critically discussing Martin's position it is necessary to consider the general legal position and analyse these to apply to the factual matrix. The issues that arise are the type of tenancy, whether a breach of the tenancy gives rise to any remedy and if so what, whether the tenancy terms are fair in any event and whether rights or liabilities arise on the sale of a property. I will consider these in turn. Types of Tenancy In the residential sector there are a number of different types of tenancies that exist. However only a certain number relate to the private sector. The Law Commission has considered that the preset position is unsatisfactory and has recommended that these are all changed to only two types effectively a type 1 and type 2.1 Firstly there are protected regulated tenancies. For the most part these are rare as any tenancy created after 15th January 19892 cannot be such a tenancy as a result of the Housing Act 1988. Certainly this means the
Overreaching, Land Law
'The doctrine of notice now plays a much smaller role in relation to unregistered land than it did before 1925. In registered land, it plays no part at all - not even with regard to the rights of those in actual occupation' In critically analysing the above statement, it would be best to understand what the doctrine of notice is, and how and why it came about and where it originates from. In addition to this looking at the implications it had on unregistered land pre 1925 and post 1925, and look at the effect it has on registered land, if it has any effect at all. The doctrine of notice can be understood in a simpler way when each word is looked at separately, 'doctrine' is commonly referred to as a body of inter related rules .'notice' if you have notice of something, you are aware that something exists. The basic principle behind the doctrine of notice is that if there is a piece of land held subject to a trust, if the trustees then decide to sell the property , the purchaser will take the land subject to the beneficiaries equitable interests. An 'equitable interest' is 'interest held by virtue of an equitable title or claimed on equitable grounds, such as the interest held by a trust beneficiary'1. Equitable interest is a right that if harmed can be dealt with by an equitable remedy (there are many remedies for equity). In layman's terms the 'doctrine of notice' is a
The Doctrine of Notice
Robert Charles Alexander (054643848) - M100 LL.B (Hons.) Law - Level Two 2 January 2007 Property Law I - Assignment: Q2: "The doctrine of notice belongs to the history books and has little significance for purchasers of land today" Introduction This is a question about the doctrine of notice or, the purchaser known as 'equity's darling' (as they are sometimes referred to). In order to critically evaluate the validity of the view expressed by the writer in the question, it is will be necessary to: a) understand the doctrine of notice and its historical development and, b) determine whether the current position of the law and the applicability of the doctrine of notice is pertinent for purchasers of land today. In addition to these elements, it will also be necessary to factor in some understanding of the way that land is registered in the United Kingdom, as well as the problems incurred through that land which remains unregistered and how various attempts (through statute) over the years have tried to tackle this problem. It is from these, that the doctrine of notice has its very origins. It is naturally of some considerable importance to apprise the different types of equitable interests in real property as it these which purchasers of land are interested in and, moreover, how to protect those interests. Determining exactly what one's interests in real property are