On submitting this assessment you will be deemed to have completed the following certificate: “I certify that this is my own unaided work and if this statement is untrue I ACKNOWLEDGE that I have cheated.” Please remember that Professional Conduct is pervasive and that points on Professional Conduct can arise in any assessment.  INSTRUCTIONS TO CANDIDATES  Type your candidate number on each page of your report and follow any submission instructions as directed by your centre.  Your submitted work must be word processed.  The contents of this assessment are confidential. You must not disclose, discuss or express an opinion on the content of this assessment or your answer to it to any other person, by any means. In particular, you should note that you may not consult any member of the University of Law staff or any other person on any aspect of this assessment. If you are in any doubt as to how to interpret any word or phrase in this assessment you should decide for yourself what interpretation to adopt. By submitting this assessment you are confirming that you are fit to sit, in accordance with the Assessment Regulations. L860 Page 1 of 4 © The University of Law Limited 2018-19 MEMORANDUM To: Trainee From: George Elliot Client: Outstanding Offices Ltd. Subject: Disrepair in leased premises Date: [Today’s date] We are instructed by Outstanding Offices Ltd. (“the Company”). The Company owns many deluxe office buildings across England which it lets to commercial businesses for office use, usually on 10 -15 year leases. I have a meeting with the Company’s Managing Director tomorrow and would like you to prepare a report on my questions (set out below) relating to issues that will be discussed tomorrow. 1. The Company has contacted us about a property it owns called Blane House. Blane House is not as smart or in such a prestigious location as the rest of the Company’s properties so does not fit well in the Company’s portfolio. The Company therefore wishes to sell Blane House when the Company’s tenant’s lease ends later this week. The whole of Blane House is currently let by the Company to Eden Sales Ltd (ESL). ESL has told the Company that it does not wish to renew its lease when it ends later this week and has already started to move out. Our client’s concern is that Blane House is in serious disrepair. The Company’s surveyor has reported that Blane House needs substantial and expensive repairs including a new roof, new windows and the eradication of a serious damp problem. I have checked the lease between the Company and ESL. It has no provisions that could make the Company responsible to carry out any of the identified repairs. Instead the lease contains a full tenant’s repairing covenant in which ESL covenanted to keep Blane House in good and substantial repair and condition. When the Company told ESL a few months ago that ESL must repair the roof, windows and damp or pay the Company the costs of doing so, ESL refused. There is no time now for ESL to carry out the repairs before the lease ends, so the Company would like ESL to pay the Company the equivalent of the repair costs so that the Company can carry out the repairs when ESL has vacated. The Company hopes that by doing this, the Company will be able to get the best possible price when it sells the freehold. a) The Company tells me that ESL agrees that the property was in disrepair. ESL told the Company that ESL’s refusal to carry out repairs or pay the cost of doing so is because ESL says there is no point spending any money on the building when there is no market for offices in this area no matter what state of repair they are in. The Company acknowledges that there is high L860

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