RICS APC Law and Regulation — Questions and Answers
Question 1: Under the Landlord and Tenant Act 1954, what protection does Part II provide to business tenants?
- Automatic rent reductions
- Security of tenure — the right to renew the lease at the end of the contractual term (Correct answer)
- Free maintenance of the property
- The right to sublet without consent
Correct answer: Security of tenure — the right to renew the lease at the end of the contractual term
Part II of the Landlord and Tenant Act 1954 provides business tenants with security of tenure, giving them the right to remain in occupation and apply for a new tenancy at the end of the existing lease.
Question 2: What is the effect of 'contracting out' of the Landlord and Tenant Act 1954?
- The tenant receives additional protection
- The tenant waives their right to security of tenure and automatic lease renewal (Correct answer)
- The landlord cannot collect rent
- The lease becomes a freehold
Correct answer: The tenant waives their right to security of tenure and automatic lease renewal
When parties contract out of the 1954 Act, the tenant agrees to give up their statutory right to security of tenure, meaning the lease ends on the contractual expiry date with no right to renew.
Question 3: Under English property law, what is the difference between 'freehold' and 'leasehold'?
- There is no legal difference
- Freehold is indefinite ownership of property and land; leasehold is a right to occupy for a fixed term granted by the freeholder (Correct answer)
- Leasehold gives greater rights than freehold
- Freehold only applies to commercial property
Correct answer: Freehold is indefinite ownership of property and land; leasehold is a right to occupy for a fixed term granted by the freeholder
Freehold ownership is permanent and absolute. Leasehold is a time-limited right to occupy and use property, granted by the freeholder for a specified term, subject to lease conditions.
Question 4: What is the purpose of the 'Town and Country Planning Act 1990'?
- To regulate building standards
- To provide the framework for the planning system in England, including development control and planning permission (Correct answer)
- To set environmental standards
- To regulate landlord and tenant relationships
Correct answer: To provide the framework for the planning system in England, including development control and planning permission
The Town and Country Planning Act 1990 is the primary legislation governing the planning system in England and Wales, setting out the framework for obtaining planning permission for development.
Question 5: What does the 'Party Wall etc. Act 1996' require?
- Neighbours to share building costs equally
- A building owner to notify adjoining owners before carrying out certain works to or near party walls, boundary walls, or excavations (Correct answer)
- All boundary walls to be demolished
- Party walls to be inspected annually
Correct answer: A building owner to notify adjoining owners before carrying out certain works to or near party walls, boundary walls, or excavations
The Party Wall etc. Act 1996 requires building owners to formally notify adjoining owners before carrying out works to a party wall, building on the boundary, or excavating near neighbouring buildings.
Question 6: In English property law, what is an 'easement'?
- A type of mortgage
- A right that a landowner has over another person's land, such as a right of way or right of light (Correct answer)
- A lease agreement
- A planning permission
Correct answer: A right that a landowner has over another person's land, such as a right of way or right of light
An easement is a legal right that allows a landowner to use another person's land for a specific purpose, such as a right of way, right of light, or right to run drainage pipes.
RICS APC Law and Regulation
Under the Landlord and Tenant Act 1954, what protection does Part II provide to business tenants?