Land Law
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?
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.’
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.
