appropriate. Weighting for sub sections may vary and you are advised to check them
carefully.
The total word count for each answer (including all sub–sections) is 750 to 1,000 words.
Use 1.5 line spacing and Arial (point 12).
You do not need content sheets, page numbers or coursework coversheets.
Set out your answers as essays and make sure that each answer is clearly marked with
the question number which you are answering.
You do not need to reference your text. However, your submissions will be checked
by Turnitin and you should take care to avoid plagiarism or collusion. Any charts or
diagrams should state the source in brackets underneath. Where you are citing case
law, please make sure the case name is stated fully.
You are welcome to research your answers using lecture notes, textbooks and any
other online material.

SECTION A: PROPERTY MANAGEMENT (Answer TWO questions from this
section)
Q1. Critically appraise the contribution which the property industry is making towards
climate change and the benefits of introducing green lease clauses. Is the property
industry doing enough to introduce green lease clauses in the UK or does the
government need to legislate for change?

Q2. “During the 1980’s boom period, many retailers paid the service charges
demanded of them, with few questions asked. However, as recession affected the
profitability of shop units within centres, retailers showed growing concerns over
the level of service charge invoiced. At this time, communication between landlord
and Tenant was poor, with little demonstration of value for money being obtained.
Increasingly, disputes over the level of service charge grew from occupiers, with
requests for greater clarification of expenditure, demands for better value, and
that the services supplied by the owner are indeed relevant to the particular
development.” (CBRE).
How does the RICS Guidance Note “Service Charges in Commercial Property (1st
Ed, 2018)” seek to address these problems?

SECTION B: LANDLORD & TENANT LAW (Answer TWO questions from this
section)
Q5. Nottingham Property Group (NPG) recently completed the refurbishment of a
mixed–use development site in Nottingham called Trent Development. The site
comprises of mix of residential units including apartments and townhouses built
around a small square of commercial premises. Trent Development has a range of
arrangements with the occupiers of these and the Nottingham Property Group)
have asked you to advise them on the type of agreement each occupier has.
Specifically, they need to know whether the occupiers have a lease or a license,
and whether any leases are legal or equitable, and fixed–term or periodic.
(a) In the small square of commercial premises is a convenience store run by the
Express Shopping (“Express Shopping Ltd”). The owners entered into a written
agreement with OGM for the use of the commercial unit for ten years from the
1st of April 2021. The agreement provided that Express Shopping would have
sole use of the commercial unit in exchange for an annual license fee of
£150,000 to be paid in four instalments on the usual quarter days.
15%
(b)Catherine, a final year student has just moved into Number One, a three–
bedroom apartment, within Trent Development with two of her course mates.
They all moved in on the same day at the start of term.
They share a communal, open plan living room/kitchen but have their own
bedrooms with en–suite bathrooms each. They each have keys to the front door
of the property with NPG also retaining a key, which is held by the security
team.
Catherine’s and her course mates all signed identical agreements with NPG
states that they must jointly pay NPG a monthly licence fee of £1,500 which is
inclusive of all utility bills. The agreements state that each housemate has use
of the “kitchen, living room, bathrooms and bedrooms in common, without the
right to exclusive possession of any part of this house.” The agreement states
that NPG can move in additional licencees as they see fit.
40%
(c) David lives in Number Two, a two–bedroom apartment within Trent
Development, where he is the property manager. His role involves organising
trades people for any repairs or maintenance needed and scheduling the
security and cleaning services provided within the development. He has a
separate office within Trent Development and works from 9–5. He has sole
exclusive use of the premises, however the agreement for the apartment states
that he remains a licencee as a service tenancy.
15%

(d)Jos has recently moved into a four bedroom townhouse within Trent
Development, which is occupied by two other young professionals. Jos signed
and identical agreement as the existing tenants with NPG stating that he must
pay a monthly licence fee of £350 for his use of the “kitchen, living room,
bathroom and bedroom, without the exclusive possession of any part of this
house.” The agreements all stated that NPG have the right to move in other
licensees as they see fit, as they had done with Jos. NPG retain a key to the
front door, which is held by the security team in case of emergency and is
provided to a cleaner once a week who is responsible for cleaning the living
room, kitchen and hallways.
30%

Q7. On 14th September 2005 Jamie granted Ainsley a 25–year lease on a
manufacturing premises, which Ainsley has been using to produce premium pre–
cooked food delivery. The lease on the property contains a fully qualified covenant
against assignment.
Ainsley has recently been offered a job with a major supermarket designing their
ready meals but it will require a full–time commitment. His colleague Deliah has
discussed taking over the property as he had planned to start his own company to
fill the gap in the market the Ainsley was leaving. Ainsley approached Jamie to
discuss whether she would be open to granting consent to the assignment.
Jamie is apprehensive of the prospect of Deliah taking over as they were previously
colleagues but had a falling out and he would not like to work in close proximity
to her. Furthermore, he knows that Deliah has previously been taken to court for
breach of contract in relation to previous rental agreements. He suggests to
Ainsley that he might be persuaded to grant his consent for the assignment if he
were to pay an additional 3 months’ rent. Following the conversation Ainsley is
unsure about her legal position and seeks your advice.
(a) Explain what a fully qualified covenant against assignment is.
20%
(b) What are Jamie’s duties now that he has received the request for consent
to the proposed assignment? Based on the information that you are given,
is Ainsley likely to obtain Jamie’s consent?
20%
(c) If the assignment does go ahead (with Jamie’s consent) and Deliah fails to
keep up with the rent payments, explain, with reference to the relevant law,
who Jamie will be able to pursue for the rent. Include advice on any
procedural steps that Jamie must take.
40%
(d) How would your advice in (c) differ if the lease had been granted in 1995?
20%