We require these questions answered and returned by Sunday, 20 May.
The student needs any THREE of the questions answered in their absolute simplest form (problem questions preferred). Please note that although the answers need not be complicated, accuracy still remains essential. The answers should be in a form that can be written directly in the exams. Freelancers having an expertise in the area of English Property law are invited to place bids.
An absolute maximum of 3500 words are needed overall here (and no referencing required). i.e., Each of the three answers should be of 1000-1500 words each.
Q.1 In 1999 Brad granted James a 10-year legal lease of residential premises. The lease included the following covenants:-
(i) to pay rent of £[url removed, login to view] per calendar month
(ii) to keep the property in good repair
(iii) not to assign the lease without the consent of the landlord
The lease contained a standard forfeiture clause.
Eight months ago, without obtaining landlord’s consent, James assigned the lease to Ravi. Six months ago Brad sold the freehold reversion to Edward. Ravi is now four months in arrears with rent payments and the property is in a state of considerable disrepair.
In respect of the breach of repairing covenant:
(a) Discuss whether Edward is able to forfeit the lease and, if so, what steps should he take to achieve forfeiture?
(b) What steps can Ravi take to retain possession of the property if Edward seeks to forfeit the lease?
In respect of the breach of covenant to pay rent discuss:
(c) Who can bring an action for the arrears of rent? In particular, as Ravi is in arrears (unpaid) of rent, is Edward able to recover the arrears from James?
Q. 2. Rupert is the owner of Sun House. Sun House is registered and Rupert’s is the sole name on the proprietorship register. Rupert purchased Sun House with his wife Sienna and father Jude. Sienna contributed 33% as did Jude. Rupert provided the remaining 34%. Rupert’s basement is currently let to Heather for two years. Rupert’s neighbour, Charlotte, cycles across Rupert’s front drive every day as it is the only way to get from her house to the road.
Rupert feels threatened by possible litigation and after careful discussion with Sienna they wish to move to Venezuela immediately. Rupert’s friend Piers has always admired Sun House. Rupert offers to sell Piers Sun House. Piers asked Sienna if she has any interest in Sun House. Sienna is desperate to leave England and she told Piers that Rupert solely purchased the house.
Piers trusted Rupert and paid cash for Sun House. Rupert and Sienna have flown straight to Venezuela. On entering Sun House Piers found Jude asleep in his armchair in the drawing room. Jude knew nothing about the sale and will not leave. Piers has asked Heather to leave immediately as he wishes to turn the basement into a cinema and gym. Piers has told Charlotte that she may not use his front drive in order to prevent her house from being landlocked.
Advise Piers as to the legality of his behaviour.
Q,. 3. Kevin is a developer. He bought four dilapidated houses on Soulston Road. Soulston Road is a private road with only those four houses on it. In January 2012 Kevin finished refurbishing the houses. He sold number 1 Soulston Road to Artem, number 2 Soulston Road to Bruce, number 3 Soulston Road to Cara and number 4 Soulston Road Kevin retained for himself. In each conveyance Kevin covenanted to maintain the private road. Each purchaser covenanted to paint the front of their houses white every two years and not to use their houses for business purposes.
Artem sold his house in February 2012 to Orla and Bruce sold his house to Tess in March 2012 .
Kevin has let the road fall into disrepair, Orla has started giving dancing lessons in her house and Tess has painted her house pink.
Advise Cara as to any legal rights she may have.