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Learning Goal: I’m working on a law question and need guidance to help me learn.
Please find the attached of 3 documents to assist you.
Lease – Russell House 1-2. doc – You should use as this a sample for you, very important as you are transferring everything.
Material to help 1 – Extra material if needed. Assignment and notes to help you – It is very important as it has the legal memo (assignment) and notes to help you.
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ASSIGNMENT MEMORANDUM
You are a paralegal in COOL Law Firm and the senior partner is contacting you for legal advice on a matter regarding property law. Your client, Mr Samuels had purchased three properties in Russell House and has rented out some of these properties
The senior partner needs your advice urgently, for a meeting with the client tomorrow.
Your Supervising Partner has sent you the following memo.
MEMO
Date: 1st August 2022
Client: Mr Samuels
Re: Russell House
I act for Mr Samuels, a landlord, in relation to some of his housing litigation matters.
Mr Samuels has instructed me to proceed with forfeiture and terminate the lease of Flat 1 in Russell House, a one-bedroom apartment let by Mr Samuels to a Mr David Johnson in his sole name, by deed, for 6 years on the 20thof April 2019. Mr Johnson assigned the lease to Lucy Thomas in January 2020 with Samuels’ consent. Lucy refuses to pay rent and service charges because she claims Mr Samuels has not repaired the front door of the flat satisfactorily, as it continues to break. Lucy is 12 months in arrears, and did not pay Service Charges for the same period. It appears also that Lucy is selling home-made food online from the flat. We have conducted some investigations and noted that the lease was never registered.
Mr Samuels purchased Flat 2 with the aid of a mortgage of £350,000 from Big Lending Bank plc. Under the terms of the mortgage he has to make payments of £2,500 per month. Unfortunately, Mr Samuels lost his job as a financial advisor six months ago and since then has not been able to make the payments due under the mortgage. Mr Samuels still occupies Flat 2 as his residence.
Finally, Samuels is also asking about Flat 3, let to Lionel James in 1990 for 50 years. Lionel assigned the lease on the 1stof January 1996 to Anna Patel. The lease was executed as a deed and registered though it is not clear where the boundary is between the gardens of Flat 3 and Flat 4. Mr Samuels has received notification from the land registry that Mr Clifton from Flat 4 has applied to be registered with possessory title as the owner of a portion of the garden of Anna’s Flat. Mr Clifton has brought evidence that since 2005 he has used that portion of the garden of Flat 3 to plant flowers and also erected a fence to divide the two gardens.
Mr Samuels has been chasing Lucy Thomas for the rent arrears without success, and wants to stop her conducting a business in the premises.
I need you to confirm which covenants included in the leases were breached. Please also advise what actions are available to Mr Samuels with respect to Flat 1 and who Mr Samuels can pursue to remedy any breach. Please also advise as to what measures the lender could implement against Mr Samuels with regard to Flat 2 and what defence if any might be available to Mr Samuels. Please also advise Mr Samuels as to the rights of Mr Clifton in relation to the garden over Flat 3.
I have attached the sample lease contract that was used for all flats:
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