The coursework is divided into two parts and the total for both questions (together) should not exceed 3000 words. The work will be uploaded via Turnitin , so plagiarism is a concern. This module is a resit , so passing it is mandatory. Each question is divided in 3 parts and does not need to be 500 words each but each question should be in the region of 1500 words.
Landlord & Tenant Coursework
Property Studies Postgraduate Programme
Coursework One – carrying a weighting of 50% of the total coursework mark for the module.
Answer both questions
For each question please support your answers with clear reasons and references to both Case Law and Statute Law, where appropriate.
You can make assumptions where relevant but you must clearly state all assumptions made.
- Which tenancies are protected by Part II of the Landlord and Tenant Act 1954?
- What are the protections given to tenancies by Part II of the Landlord and Tenant Act 1954?
- Has the protection given to tenants by Part II of the Landlord and Tenant Act 1954 had its day? Give arguments for and against retention of Part II of the Act.
You own a parade of shop units.
(1) One of the shops is occupied by a hairdresser. She wishes to assign her lease to another hairdresser in town, Brenda. Brenda would be considered a ‘better’ covenant to the existing tenant as she has a significantly bigger and more profitable business than your current tenant does. However, you quite simply do not like Brenda and definitely do not want her as your tenant. The lease permits the tenant to assign but only with your consent, such consent not to be unreasonably withheld.
- You understand that you have to inform your tenant of your decision quickly. Is this right? Can you simply say ‘no’ to the prospective assignment?
- If you did say ‘no’, how do you think the courts would deal with the matter if your tenant claimed you were unreasonably withholding consent?
(2) Another of your shops in the parade is occupied by a men’s clothing shop. The tenant has not paid the rent for the last three quarters, despite many promises to do so. What steps can you take and why would you choose one course of action as opposed to another?
Word count: The total word count (the aggregate for all parts of the coursework – ie NOT per part) should be in the region of 3000 words; there is no specific limit on word-count, but if you find you are writing far in excess of 3000 words then carefully check the relevance of all you have written.