QUESTION 1
Jo, Kal, Larry, Marian and Ned are all vets and have been in practice together for many years. They decided to set up their own veterinary practice in a village near Thirsk. They bought a registered freehold house (‘The Paddocks’) in a nearby village where they could all live, keep their own animals, and set up their business. The transfer stated that the friends held The Paddocks as beneficial joint tenants, and the property was registered in their joint names.
In December 2020, Jo died unexpectedly after being trampled by cattle. She had made a will leaving all her property to the local animal rescue charity.
In March 2021, Kal was offered a lucrative job at a large national veterinary practice in Somerset. Kal left The Paddocks and went to Somerset, where he rented a cottage and started his new job. In April 2021 he emailed Larry and Marian at Larry’s email address, offering to sell his share of The Paddocks to them. He said that if that was not an attractive idea, The Paddocks should be sold so that his share of the sale proceeds could be released to him. Unfortunately, the email went into Larry’s junk mail folder and was not found for over a week.
Later in the evening after Kal had sent the email, he was killed in a road accident. He had made a will leaving all his property to Ned.
Last month, Larry was declared bankrupt. The trustee in bankruptcy insists that The Paddocks be sold immediately.
a) Explain who originally held the Property at law and in equity?
b) Explain who now holds the property:
a. at law
b. in equity?
c) Explain whether the trustee in bankruptcy be able to force a sale of The Paddocks?
QUESTION 4
Roxanne was the registered proprietor of a large house. The attic had been converted to a self-contained flat (‘the Flat’). Roxanne advertised the Flat in the following way:‘Two-bedroomed top floor flat, suitable for a couple or two singles, available for immediate occupation at £550 per month.’
Eight months ago, sisters Angie and Valerie viewed the Flat, liked it, and signed a Licence Agreement which included the following terms:
1. Roxanne hereby agrees that Angie and Valerie (‘the Licensees’) may occupy the Flat as licensees for a period of two years starting 1 February 2021.
2. The licence fee for the Flat is £550 per month.
3. Roxanne may enter the Flat at any time without notice in the event of an emergency and may retain a key to the Flat for that purpose.
4. Roxanne reserves the right to introduce one other person to share the Flat with the Licensees.
5. The Licensees will keep the Flat in a good state of repair.’
Two weeks ago, Angie noticed that the bath was leaking and causing damage to the flooring and floorboards. She told Roxanne about this the following day, but Roxanne reminded Angie and Valerie of Clause 5 of the Licence Agreement. Angie and Valerie could not afford to call a plumber, so the leak remains.
Last week, Roxanne sold the house to Sarah, who was registered as its proprietor. Sarah has been in touch with Angie and Valerie to tell them that she plans to convert the building into one large house and that they must leave immediately. She also insisted that they repair the bathtub.Explain to Angie and Valerie:
a) Whether they have a lease or a licence of the Flat, and why this matters;
b) Who is responsible for the repair to the bathtub; and
c) Whether they have to leave the Flat as instructed by Sarah.