SQE2

Question 1

WHAT ORDER CAN A COURT MAKE FOR THE TERMS OF A NEW TENANCY IF THE TWO PARTIES DONT AGREE

Answer 1

• COURT CAN ONLY ORDER THE GRANT OF A NEW TENANCY ON THE TERMS AS DETERMINED UNDER 1954 ACT
• TERM NOT EXCEEDING 15 YEARS

Question 1

CONTINGENT VS VESTED INTERESTS

Answer 1

CONTINGENT- HAVE TO DO SOMETHING TO GET THE MONEY
VESTED- YOU HAVE MET ALL CONDITIONS

IF YOU ARE A REMAINDERMAN GETTING MONEY AT 22 AND YOU ARE 23, YOUR INTEREST WILL STILL BE CONTINGENT AS YOU HAVE TO SURVIVE THE LIFE TENANT

Question 2

BREACH OF BAIL CONDITION- WHAT HAPPENS

Answer 2

BROUGHT BEFORE COURT FOR BAIL TO BE RECONSIDERED

Question 3

if there is a provable breach of Code D what will happen?

Answer 3

may lead the court to conclude the evidence should be excluded if its admission would have an adverse effect on the FAIRNESS OF proceedings

Question 4

when bringing a trust to an end- whose permission do you need?

Answer 4

everyone involved no matter their interest

Question 5

A man owns the freehold of a commercial building and intends to grant a lease of the building to an insurance company.

The man is registered for Value Added Tax (VAT) and, prior to granting the lease, exercises an option to tax the building.

The insurance company makes only exempt supplies for the purposes of VAT in the course of its business.

What effect does the man’s option to tax the building have on the rent payable to the man by the insurance company?

Answer 5

The rent payable will be subject to VAT at 20%, which will be irrecoverable by the insurance company.

Question 6

specific vs basic intent (and voluntary intoxication)

Answer 6

specific- need actual intent to achieve the outcome- voluntary intoxication doesnt count- not guilty

basic- recklessness or negligence suffices- voluntary intoxication counts

Question 7

A freeholder (‘the Landlord’) granted a ten year headlease to a tenant.

After a year, the tenant, with the Landlord’s consent, granted a sublease for a term of five years to a subtenant.

Two years later, the tenant surrendered its headlease to the Landlord.

Which of the following statements best describes the position of the subtenant?- which lease’s terms are adhered to

Answer 7

subtenant becomes immediate tenant of the landlord on the terms of the sublease

Question 8

where in the office copy are easements mentioned?

Answer 8

property register

Question 9

how long after the grant of representation being granted do you have to bring a claim

Answer 9

6 months

Question 10

ABH mens rea and actus reus

Answer 10

• need to know that your actions created a risk that someone would fear immediate unlawful force
• and injury was caused

Question 11

when do you tend to use the reasonable person test?

Answer 11

• self defence
• negligence

Question 12

how do you protect an option agreement

Answer 12

registration as a notice

Question 13

after exchange of contracts, who holds the risk of property damage

Answer 13

buyer

Question 14

is a restrictive covenant legal or equitable

Answer 14

equitable

Question 15

who must be present when signing a will for it to be valid

Answer 15

• testator must be there when the witnesses both sign the Will
• the witnesses do not need to see each other sign

Question 16

for a lease under 3 years- what do you need to do?

Answer 16

• can be oral or written agreement
• no formal requirements like deeds or registration needed

Question 17

do legal easements in unregistered property need to be registered

Answer 17

no because it binds the world

Question 18

what do you need to do to have a beneficial interest in a house under a common intention constructive trust

Answer 18

rebut the presumption of sole beneficial ownership- pay towards a mortgage, pay for repairs etc

Question 19

resulting vs constructive trust

Answer 19

constructive- what is right- if there has been a breach of duty

resulting- does what was meant to happen- presumed intention

Question 20

saunders v vaulter rights- when can you exercise these

Answer 20

• beneficiaries are over 18
• have capacity
• have absolute entitlement
• can apply to disc trusts and life interest