RICS APC Law and Regulation

Question 1

Under the Landlord and Tenant Act 1954, what protection does Part II provide to business tenants?

Accepted Answer

Security of tenure — the right to renew the lease at the end of the contractual term

Answer

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?

Accepted Answer

The tenant waives their right to security of tenure and automatic lease renewal

Answer

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'?

Accepted Answer

Freehold is indefinite ownership of property and land; leasehold is a right to occupy for a fixed term granted by the freeholder

Answer

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'?

Accepted Answer

To provide the framework for the planning system in England, including development control and planning permission

Answer

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?

Accepted Answer

A building owner to notify adjoining owners before carrying out certain works to or near party walls, boundary walls, or excavations

Answer

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.

RICS APC Practice Test

RICS APC Practice Test

RICS APC Law and Regulation