Property Law and Practice
Outline of the module
Workshop/ Subtopics covered Common mistakes Tracker
Topic
Introduction to • Learning the key elements • Confusing exchange and completion; for
a freehold and structure of a freehold example, that a lender is not a party to
transaction property transaction exchange, but their involvement is
(Workshop 1) • Appreciating the sources of required at completion.
finance for a property • Not being able to separate the
transaction and different types implications of acting for a lender from
of mortgage funding those of acting for a buyer.
• Learning about the issues that • Not being able to apply the principles of
arise at the taking instructions identifying potential conflicts of interest
stage of a property and self conflict (in particular the
transaction distinction between a high street lender
with standard documents and strict
instructions compared to a commercial
lender with documents that are open to
negotiation).
• Not being aware of the different range of
funding options open to a commercial
purchaser as opposed to a residential
purchaser.
• Not knowing which tasks fall to a seller’s
solicitor (deducing title, drafting contract,
etc) and the buyer’s solicitor (investigating
title, raising searches and enquiries, etc)
and when (precontract, pre-completion,
post-completion)
Title • Learning how to investigate a • Not being able to identify a positive
investigation registered and unregistered covenant vs a restrictive covenant (which
(Workshop 2) title. may not necessarily be the way it is
• Appreciating the issues that worded)
may be revealed by either • Not being able to identify which of the
type of title investigation and property, proprietorship and charges
working out what further register is appropriate for which types of
action to take. entries, and that positive covenants
(burden in the charges register) are
recorded even if not enforceable
• Confusing the function and meaning of
class of title (absolute, qualified,
possessory, good leasehold) with the title
guarantee in a contract (full, limited or no)
• Not understanding how to identify the four
features (ABCD) of a good root of title
• Confusing land charges registration
(unregistered) with land registration
(registered)
• Not being able to identify the appropriate
options to deal with a covenant that has
either been breached or is to be breached
• Not knowing the potential issues or what
further investigations are required when
the benefit of a private right of way is
revealed in the property register
• Not understanding the significance of a
, seller’s legal charge for the transaction
• Not knowing the requirements of a
transfer of legal title (valid execution and
stamping)
• Not understanding how the land charges
register works and what names and dates
are used to make a search
Pre-contract • Learning how to choose • Not understanding the features and
searches and appropriate searches limitations of different searches (for
enquiries depending on the property. example, that waterways search does not
(Workshop 3) • Understanding when planning reveal flooding risk)
permission is needed and the • Not understanding the difference between
consequences of not an environmental desktop search, Phase
obtaining it when required. 1 Report and Phase 2 Report
• Understanding when building • Not being able to identify when planning
regulations approval is permission is required, and how this is
needed and the impacted by a General Permitted
consequences of not Development Order (and if appropriate an
obtaining it when required. Article 4 Direction), conservation area or
• Learning the purpose and listed building status.
process of reporting to the • Not being able to identify when building
client. regulations approval is required.
• Not being able to identify the risks and
time limits relating to enforcement for both
planning and building regulations issues.
• Not being able to advise on the options for
dealing with missing planning permissions
and building regulations approval.
• Not understanding the difference in
function and features between a report on
title and certificate of title.
Exchange of • Understanding the • Not understanding the function of funding
contract documentation needed in documents (facility letter or mortgage
(Workshop 4) relation to the funding of the offer, legal charge and certificate of title)
purchase of a registered • Not understanding how standard
freehold property. conditions (SCS and SCPC) are used in
• Learning about the formalities the contract.
for drafting a contract for the • Not knowing the most important
sale of land and the role of provisions of the Standard Conditions of
the Standard Conditions of Sale and Standard Commercial Property
Sale (SCS) and Standard Conditions.
Commercial Property • Not understanding the difference between
Conditions (SCPC) in that standard conditions and special
contract and amending the conditions.
draft contract. • Not understanding the difference between
• Considering the basics of output and input tax, the VAT treatment of
VAT in the sale of a different properties, and the effect of an
registered freehold property. option to tax.
• Learning the procedural and • Not understanding the mechanism of
professional conduct issues exchange of contracts, and the principal
relating to pre-exchange and undertakings in Law Society Formula B.
exchange of contracts for the • Not being able to identify when Law
sale of a registered freehold Society Formula A, B, C or B with a
property. release of contracts are appropriate.
• Appreciating the • Not understanding how a deposit works
consequences of exchanging on exchange and how it is held by the
contracts. seller’s solicitor, and the differences
between SCS and SCPC.
Completion • Learning about the steps • Not being able to identify the correct pre-
(Workshop 5) taken by both the buyer’s and completion searches in different
seller’s solicitors to prepare transactions
for completion. • Not knowing the priority periods for
, • Learning about the formalities searches (or whether they have them at
needed for the transfer deed. all)
• Learning the procedural and • Not knowing which of seller’s solicitor and
professional conduct issues buyer’s solicitor carries out which pre-
relating to completion. completion tasks
• Learning about the post- • Not understanding the differences
completion formalities both between a contract and transfer in terms
the buyer’s and seller’s of formalities and function.
solicitor need to carry out. • Not understanding the role of seller’s
• Understanding the remedies solicitor and buyer’s solicitor in a
available to both a buyer and completion under the Law Society Code
seller for delayed completion for Completion by Post.
and non-completion. • Not knowing the post-completion steps
• Reviewing the stages of a that are required, and the time limits
freehold transaction from start involved.
to finish. • Confusing the time limits and implications
of a late application for registration for
unregistered land vs registered land.
Structure of a • Consolidating understanding • Not understanding the basic requirements
lease and grant of key land law principles in of a valid lease
of a lease 1 respect of the leasehold • Not knowing in general terms how leases
(Workshop 6) estate. are structured
• Learning about the structure • Not knowing which responsibilities
and content of a lease generally fall to the landlord, and to the
including some of the tenant in an FRI lease
recommendations by the • Not understanding how different options
Code for Leasing Business regarding the term of a lease, break
Premises. clauses and rent reviews might be
• Learning when an agreement beneficial to the landlord or the tenant
for lease might be needed. • Not knowing how rent reviews work, and
• Learning the procedural steps particularly the assumptions and
involved in the grant of a disregards in the hypothetical lease
lease before exchange, after • Not understanding the implications of a
exchange and before full repairing covenant
completion. • Not knowing to whom the Code for
Leasing Business Premises applies and
the difference between mandatory
requirements and recommendations of
good practice
• Not understanding the differences
between the structure of a freehold
transaction and a grant of a lease
transaction
• Not knowing when an agreement for lease
would be appropriate
Grant of a • Learning about the steps to • Not knowing the steps taken on
lease 2 take on completion and post- completion and post-completion of a lease
(Workshop 7) completion of a lease • Not appreciating the difference between
• Learning about the features of Stamp Duty Land Tax on a long lease
clauses in a lease dealing with a ground rent vs a commercial lease
with alterations, planning and with no premium and a rack (market) rent.
user • Not knowing when an OS1 search is
• Learning about the impact of appropriate (lease of whole of registered
the relevant statutory title) vs an OS2 search (lease of part of
provisions on alterations and registered title)
user clauses • Not knowing which leases are registerable
• Learning the role of a licence at the Land Registry
for alterations and a licence • Not understanding the difference between
for change of use an absolute covenant, qualified and fully
qualified covenant
• Not understanding how statutory
provisions affect different qualified
, clauses.
• Not understanding the role of a licence for
alterations and licence for change of use
Alienation • Learning about the different • Not understanding the difference between
(Workshop 8) types of alienation and the different types of alienation – underletting,
provisions relating to assignment, charging and sharing
alienation contained in a possession
lease • Not understanding the difference between
• Learning about the impact of an absolute, qualified and fully qualified
the statutory provisions alienation covenant, and which are likely
relating to alienation to apply to the different types of alienation
• Learning about the procedural in an FRI lease
steps on the assignment of an • Not understanding the obligations and
existing lease and rights of a landlord in considering
researching the documents applications for consent
needed on an assignment • Not understanding how statutory
• Learning the procedural steps provisions upgrade qualified alienation
on the grant of a new clauses
underlease • Not knowing the procedural steps that
• Learning about the purpose apply on the assignment of a lease and
and content of a licence to on an underletting
assign and licence to underlet • Not appreciating the difference in how
and the key provisions to be existing obligations apply to an assignee
included (depending on whether it is an “old” or
“new” lease) and an undertenant
• Not understanding the function and key
features of a licence to assign and a
licence to underlet
Business • Learning about the nature of • Not understanding when security of
tenancies security of tenure, by tenure does not apply, such as when the
(Workshop 9) reference to the Landlord and tenant is not in occupation.
Tenant Act 1954. • Not knowing the difference between the
• Learning how to determine if notice periods for contracting out for a
a lease is a protected tenancy declaration and a statutory declaration.
under the relevant legislation. • Not knowing the appropriate notice (s25,
• Learning the contracting out 26 or 27) in different situations, and their
procedure for excluding individual minimum and maximum notice
security of tenure. times.
• Learning the procedure on • Not understanding the court’s role in
expiry of a protected tenancy. renewal.
• Learning about the right and • Not understanding the different grounds
procedure for a landlord to upon which the landlord can oppose
oppose the renewal of a renewal, and the differences between
protected lease, including the mandatory and discretionary grounds, and
availability of compensation whether compensation is payable to the
for a tenant. tenant for each ground.
Lease • Learning the remedies for • Not being able to identify the different
termination breach of a leasehold types of termination and when they occur.
(Workshop 10) covenant. • Not being able to advise a client on the
• Understanding the ways in best remedy in a given situation.
which a lease can be • Not being able to differentiate between
terminated. different remedies for different types of
breach (eg, repairs / rent / breach of user)
• Not understanding the implications of a
tenant’s counter notice to a s146 notice.
• Not understanding the limitations and
approximate procedure of CRAR.
Investigation of a registered and unregistered freehold title
Outline of the module
Workshop/ Subtopics covered Common mistakes Tracker
Topic
Introduction to • Learning the key elements • Confusing exchange and completion; for
a freehold and structure of a freehold example, that a lender is not a party to
transaction property transaction exchange, but their involvement is
(Workshop 1) • Appreciating the sources of required at completion.
finance for a property • Not being able to separate the
transaction and different types implications of acting for a lender from
of mortgage funding those of acting for a buyer.
• Learning about the issues that • Not being able to apply the principles of
arise at the taking instructions identifying potential conflicts of interest
stage of a property and self conflict (in particular the
transaction distinction between a high street lender
with standard documents and strict
instructions compared to a commercial
lender with documents that are open to
negotiation).
• Not being aware of the different range of
funding options open to a commercial
purchaser as opposed to a residential
purchaser.
• Not knowing which tasks fall to a seller’s
solicitor (deducing title, drafting contract,
etc) and the buyer’s solicitor (investigating
title, raising searches and enquiries, etc)
and when (precontract, pre-completion,
post-completion)
Title • Learning how to investigate a • Not being able to identify a positive
investigation registered and unregistered covenant vs a restrictive covenant (which
(Workshop 2) title. may not necessarily be the way it is
• Appreciating the issues that worded)
may be revealed by either • Not being able to identify which of the
type of title investigation and property, proprietorship and charges
working out what further register is appropriate for which types of
action to take. entries, and that positive covenants
(burden in the charges register) are
recorded even if not enforceable
• Confusing the function and meaning of
class of title (absolute, qualified,
possessory, good leasehold) with the title
guarantee in a contract (full, limited or no)
• Not understanding how to identify the four
features (ABCD) of a good root of title
• Confusing land charges registration
(unregistered) with land registration
(registered)
• Not being able to identify the appropriate
options to deal with a covenant that has
either been breached or is to be breached
• Not knowing the potential issues or what
further investigations are required when
the benefit of a private right of way is
revealed in the property register
• Not understanding the significance of a
, seller’s legal charge for the transaction
• Not knowing the requirements of a
transfer of legal title (valid execution and
stamping)
• Not understanding how the land charges
register works and what names and dates
are used to make a search
Pre-contract • Learning how to choose • Not understanding the features and
searches and appropriate searches limitations of different searches (for
enquiries depending on the property. example, that waterways search does not
(Workshop 3) • Understanding when planning reveal flooding risk)
permission is needed and the • Not understanding the difference between
consequences of not an environmental desktop search, Phase
obtaining it when required. 1 Report and Phase 2 Report
• Understanding when building • Not being able to identify when planning
regulations approval is permission is required, and how this is
needed and the impacted by a General Permitted
consequences of not Development Order (and if appropriate an
obtaining it when required. Article 4 Direction), conservation area or
• Learning the purpose and listed building status.
process of reporting to the • Not being able to identify when building
client. regulations approval is required.
• Not being able to identify the risks and
time limits relating to enforcement for both
planning and building regulations issues.
• Not being able to advise on the options for
dealing with missing planning permissions
and building regulations approval.
• Not understanding the difference in
function and features between a report on
title and certificate of title.
Exchange of • Understanding the • Not understanding the function of funding
contract documentation needed in documents (facility letter or mortgage
(Workshop 4) relation to the funding of the offer, legal charge and certificate of title)
purchase of a registered • Not understanding how standard
freehold property. conditions (SCS and SCPC) are used in
• Learning about the formalities the contract.
for drafting a contract for the • Not knowing the most important
sale of land and the role of provisions of the Standard Conditions of
the Standard Conditions of Sale and Standard Commercial Property
Sale (SCS) and Standard Conditions.
Commercial Property • Not understanding the difference between
Conditions (SCPC) in that standard conditions and special
contract and amending the conditions.
draft contract. • Not understanding the difference between
• Considering the basics of output and input tax, the VAT treatment of
VAT in the sale of a different properties, and the effect of an
registered freehold property. option to tax.
• Learning the procedural and • Not understanding the mechanism of
professional conduct issues exchange of contracts, and the principal
relating to pre-exchange and undertakings in Law Society Formula B.
exchange of contracts for the • Not being able to identify when Law
sale of a registered freehold Society Formula A, B, C or B with a
property. release of contracts are appropriate.
• Appreciating the • Not understanding how a deposit works
consequences of exchanging on exchange and how it is held by the
contracts. seller’s solicitor, and the differences
between SCS and SCPC.
Completion • Learning about the steps • Not being able to identify the correct pre-
(Workshop 5) taken by both the buyer’s and completion searches in different
seller’s solicitors to prepare transactions
for completion. • Not knowing the priority periods for
, • Learning about the formalities searches (or whether they have them at
needed for the transfer deed. all)
• Learning the procedural and • Not knowing which of seller’s solicitor and
professional conduct issues buyer’s solicitor carries out which pre-
relating to completion. completion tasks
• Learning about the post- • Not understanding the differences
completion formalities both between a contract and transfer in terms
the buyer’s and seller’s of formalities and function.
solicitor need to carry out. • Not understanding the role of seller’s
• Understanding the remedies solicitor and buyer’s solicitor in a
available to both a buyer and completion under the Law Society Code
seller for delayed completion for Completion by Post.
and non-completion. • Not knowing the post-completion steps
• Reviewing the stages of a that are required, and the time limits
freehold transaction from start involved.
to finish. • Confusing the time limits and implications
of a late application for registration for
unregistered land vs registered land.
Structure of a • Consolidating understanding • Not understanding the basic requirements
lease and grant of key land law principles in of a valid lease
of a lease 1 respect of the leasehold • Not knowing in general terms how leases
(Workshop 6) estate. are structured
• Learning about the structure • Not knowing which responsibilities
and content of a lease generally fall to the landlord, and to the
including some of the tenant in an FRI lease
recommendations by the • Not understanding how different options
Code for Leasing Business regarding the term of a lease, break
Premises. clauses and rent reviews might be
• Learning when an agreement beneficial to the landlord or the tenant
for lease might be needed. • Not knowing how rent reviews work, and
• Learning the procedural steps particularly the assumptions and
involved in the grant of a disregards in the hypothetical lease
lease before exchange, after • Not understanding the implications of a
exchange and before full repairing covenant
completion. • Not knowing to whom the Code for
Leasing Business Premises applies and
the difference between mandatory
requirements and recommendations of
good practice
• Not understanding the differences
between the structure of a freehold
transaction and a grant of a lease
transaction
• Not knowing when an agreement for lease
would be appropriate
Grant of a • Learning about the steps to • Not knowing the steps taken on
lease 2 take on completion and post- completion and post-completion of a lease
(Workshop 7) completion of a lease • Not appreciating the difference between
• Learning about the features of Stamp Duty Land Tax on a long lease
clauses in a lease dealing with a ground rent vs a commercial lease
with alterations, planning and with no premium and a rack (market) rent.
user • Not knowing when an OS1 search is
• Learning about the impact of appropriate (lease of whole of registered
the relevant statutory title) vs an OS2 search (lease of part of
provisions on alterations and registered title)
user clauses • Not knowing which leases are registerable
• Learning the role of a licence at the Land Registry
for alterations and a licence • Not understanding the difference between
for change of use an absolute covenant, qualified and fully
qualified covenant
• Not understanding how statutory
provisions affect different qualified
, clauses.
• Not understanding the role of a licence for
alterations and licence for change of use
Alienation • Learning about the different • Not understanding the difference between
(Workshop 8) types of alienation and the different types of alienation – underletting,
provisions relating to assignment, charging and sharing
alienation contained in a possession
lease • Not understanding the difference between
• Learning about the impact of an absolute, qualified and fully qualified
the statutory provisions alienation covenant, and which are likely
relating to alienation to apply to the different types of alienation
• Learning about the procedural in an FRI lease
steps on the assignment of an • Not understanding the obligations and
existing lease and rights of a landlord in considering
researching the documents applications for consent
needed on an assignment • Not understanding how statutory
• Learning the procedural steps provisions upgrade qualified alienation
on the grant of a new clauses
underlease • Not knowing the procedural steps that
• Learning about the purpose apply on the assignment of a lease and
and content of a licence to on an underletting
assign and licence to underlet • Not appreciating the difference in how
and the key provisions to be existing obligations apply to an assignee
included (depending on whether it is an “old” or
“new” lease) and an undertenant
• Not understanding the function and key
features of a licence to assign and a
licence to underlet
Business • Learning about the nature of • Not understanding when security of
tenancies security of tenure, by tenure does not apply, such as when the
(Workshop 9) reference to the Landlord and tenant is not in occupation.
Tenant Act 1954. • Not knowing the difference between the
• Learning how to determine if notice periods for contracting out for a
a lease is a protected tenancy declaration and a statutory declaration.
under the relevant legislation. • Not knowing the appropriate notice (s25,
• Learning the contracting out 26 or 27) in different situations, and their
procedure for excluding individual minimum and maximum notice
security of tenure. times.
• Learning the procedure on • Not understanding the court’s role in
expiry of a protected tenancy. renewal.
• Learning about the right and • Not understanding the different grounds
procedure for a landlord to upon which the landlord can oppose
oppose the renewal of a renewal, and the differences between
protected lease, including the mandatory and discretionary grounds, and
availability of compensation whether compensation is payable to the
for a tenant. tenant for each ground.
Lease • Learning the remedies for • Not being able to identify the different
termination breach of a leasehold types of termination and when they occur.
(Workshop 10) covenant. • Not being able to advise a client on the
• Understanding the ways in best remedy in a given situation.
which a lease can be • Not being able to differentiate between
terminated. different remedies for different types of
breach (eg, repairs / rent / breach of user)
• Not understanding the implications of a
tenant’s counter notice to a s146 notice.
• Not understanding the limitations and
approximate procedure of CRAR.
Investigation of a registered and unregistered freehold title
