Learning Outcomes

1. Demonstrate an understanding of the legal system
2. Assess the legal implications of construction decisions in particular reference amongst other matters, to tort, land law, company, employment and consumer and planning law

Part 1

Random mini test results – 20% – See Blackboard for mini test dates

Part 2

Hotel Project – 80%

Instructions to the candidates;

Along with some associates, you wish to form a development company to use the skills obtained during your Degree. You have recently been sent the details by an Estate Agent of an interesting property that you are now actively considering recommending to your associates should be the first purchase for a potential development scheme.

The site is an old country house in a rural area surrounded by green fields. Your aim is to converting the residential building into a hotel. Your new Development Company will then lease the end project to a hotel management company who will operate the day to day leisure business.

Prepare a report outlining to your associates the legal implications of your undertaking this purchase.

Your report should address the following matters although you do not have to give equal attention to all of them:

1. Describe how you would set up your company and the advantages of using a corporate structure.

2. The property could be currently either leasehold or freehold, discuss the implications of each and the effect on your purchase, the development and follow on operational structure.

3. Show that you know how a title is conveyed and explain the process to your associates.

4. Are there any easements or restrictive covenants affecting the title? Explain the implications of these, how they can be discovered, removed and the potential on the purchase.

5. How do you go about obtaining planning permission? It might be that the building is listed. Explain the implications on the purchase and the development plus if planning can be obtained before the purchase of the site.

6. Show some knowledge of leasehold property including covenants that you may wish to impose on the hotel management company following the development..

7. Consider what steps need to be taken during construction work to ensure that you are not liable in tort.

8. Demonstrate some knowledge of business tenancies under Part 2 of the Landlord and Tennant Act 1954.

The reports should be structured to acceptable industry standard; including headings, endnote references and page numbers. The use of diagrams to show your management structure and the legal relationship between the parties and land interests is expected to inform your answer.

The reports must be written in your own words and any quotations from documents or websites must be clearly shown as quotations – plagiarism and extensive quotation from published documents will lead to a deduction of marks.

You should read further than the lecture notes in order to widen and deepen your knowledge and understanding of this topic. You will need to show evidence of the use of legal text, case law, Acts and Regulations linked to the topic.

The University Library and supporting online professional areas of legal information must form part of your research and be demonstrated in your answer to the various set questions.

General internet searches are unlikely to generate the required depth and complexity for this level of study. This is because the professional law resources sites are protected behind subscription only areas. The University library provides you will full access to the leading legal web based resources and it is this professional quality information that is required within this assignment.

In order to achieve a high grade you need to present the assignment in a professional manner which might be of use to a member of the construction and property professions. This does not require anything other than writing in plain English within a recognised report structure.

Marking
The assignment will be marked according to the standard marking grid. There is a minimum criterion that all sections should be covered and show a level of competence. (approximately 2500 – 3500 words)