Qualification - BTEC Higher Nationals in Construction and the Built Environment
Unit Name - Legal and Statutory Responsibilities in Construction
Unit Level - Level 4
Unit Number - Unit 5
Assignment Title - Contracts and Law in Construction
Learning Outcome 1: Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users.
Learning Outcome 2: Assess how the law of contract and land law are used to sell and lease land and buildings.
You are employed as a trainee for a construction company and have been placed on a secondment at a principal law firm which deals with advising on procurement, drafting and negotiating contracts, on dispute avoidance and dispute resolution.
You have been commissioned by a senior partner to compile produce a presentation and report which considers the laws used to ensure that construction sites operate safely and highlights how the law of contract and land law are used to sell and lease land and buildings.
The purpose of this report is for the law firm to use the report to inform legal undergraduates, who are on placements with the firm, of the principles and techniques used in Construction Law.
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As a trainee for a construction firm, I have been placed on an endorsement at a standard law company that deals with counseling related to procurement, designing and discussing contracts on clashes avoidance and resolution of disputes. There are different laws provided by the government of the country, like the landlord and tenant act 1954 and 1985, which secures the rights of landlords and tenants.There is a commission by senior partners to document a presentation and report that considers the laws used to make sure that construction companies work safely and how the laws and regulations related to land are used to lease and sell land and buildings. The aim of this report for law companies to utilize the report to comprehend legal undergraduates who are on placements related to the firm of the standards and techniques utilized in construction law.
Explain the evolution of land law, reference should be made to modern land ownership and the role of contract law in buying and selling property, stating relevant law and legislation. (conveyancing and its legislation)
The majorlaws are the act of 1954 and 1985 in English commandment that depicts,any act to purchase and put up for sale land should be available in script, integrating every term on which the parties have positively decided. This shows a verbal pact to sell and buy territory is not enforceable lawfully. Section 2 of the rule linked to property Act 1989 mentions that anagreement for the selling of the interest in land can only be available in the inscription and merely integrated into each term that the parties have explicitly settled in a paper or where the agreements have been communicated with each other.
The contract terms should be integrated into the innovative pact or by relating to other documents that have those conditions. According to the landlord act 1985,a contract integrating the conditions should be signed by each party of a person on behalf of those parties. Certain legal facts evolve from section 2 of the Property Act of 1985 like the seller is the trustee for the consumer of the officially permittedland waiting to be complete, the buyer owns the beneficial interest in property and land, and the buyer may save their interest in the property by registration of the interest.
Where the contract is as per section 2 of 1985; however, the pact does not process to fulfill because a party has or is blackmailing to end the contract. According to section 8 of act 1985, the innocent party can go to a legal case for breaching the pact; there is the application of the specific performance of the contract, application for an injunction to restrain threatened contract breach, withdrawal of the contract, and so on.Land law needs all transfers of property or the development of interest in land, like mortgage or gifts, should be completed by a legal deed or not considered legal.
According to the act of 1954,the deed document clarifies that it is intended to be deed, validly preceded as the deed is intended, and so on.The deed is valid when there are witnesses to it. There are overlapping rights, like the purchaser will take property based on the beneficial interests of anyone they know. The overarching principle can enforce equitable interests in the second section of the law property Act 1925. To make overarching useful, there is a need to pay money to all the trustees (Legislation.gov.uk, 2020).
Selling and buying a home usually takes about two to three months, according to the act of 1985 of the UK. The procedure can be longer if the lawyer is not part of the seller's and buyers' chain. There is a need to get an energy performance certificate. In case the seller used a sale agent, the possible buyer needs to make an offer by the agent. When the buyer has been agreed, it is the seller's responsibility to make up a legal contract for a transfer of ownership. The offer is not binding upon selling and buying parties unless it is assigned. Based on the amount offered for property, the buyer needs to pay tax (Gov.UK, 2020).
Highlight key legislation concerning landlord and tenant law, detailing how the legislation is enforced and referred to manage the property.
The standard legislations like the landlord and tenant act 1954 and 1985 help both parties to avoid the risk. Landlord and tenant need to follow the government's rules, which make all process valid and advisable. In case of any fraud, the court can order against the guilty party; it abides any party from mismanagement. Section 2 of the act 1954 focuses on the property and premises related to the agreement to enforce the management system. However, the scope of renewingthe property after six months is explained in the law, which bides both parties to maintain the property. It is mainly related to the lease of property provided for business purposes(Landlord and Tenant Act 1954, 2019).
Section 11 of the act 1985 decides the responsible for the repairing of the property, which preserves the rights for the property management. It also deals with the short leases and how it can be registered and transferred, another protocol to enforce the effective management process. According to the law, the main operations like electricity supply, pipe fitting, etc., are the duty of the landlord. Section 8-10 of the act 1985 define the control of the property, and section 18-30 provide the details of service charges for the management of the property(Landlord and Tenant Act 1985, 2010).Furthermore, the property owner requires the rent of the place to invest in property structure, or the laws related to leasing are important to manage the process of management. The description of laws related to renting issues is provided in the following.
Rents can be openly discussed while there is the signing of the contract. In case the tenant believes his rent is more than being paid by other people for the same property, the issue can be passed to the rent assessment committee that will evaluate the market trend linked to renting property. Nonetheless, the laws about property rentals in the United Kingdom offer tenants minimum protection in terms of retaliatory exile by the land owner. Rent increases need to be mentioned to tenants with a special form. In case the tenant does not agree, he can go to the committee of rent assessment.
The problem is that UK regulation offers the tenant minimal saving in act 1985when the landlord forces tenant to leave the house forcefully in about months only(Landlord and Tenant Act 1985, 2010). There is no specific legal binding on the deposit; however, if the payment is for more than the rent of two months, it can probably be considered in the shape of anillegal premium. However, a monthly payment is customary (act 1954). Agreements might be for any terms that the parties have agreed, like two weeks or one month and so on. There are implied terms that the tenant is not allowed to give the property on lease to any person who was not mentioned to the landlord while signing the pact. This is considered as unreasonable.
There is a payment of per annuals as implied in the contract according to the 1985 act, or the landlord can exit such terms based on his/her will (Lease Advisor, 2020). In case the contract is for a long term and fixed, the landlord cannot make an application for the passion before the end of term as specified in the legal pact. There is a need to offer two months' notice before taking possession back from the tenant. At the completion of the fixed terms, the tenancy is made a period month by month contract. Still, the requirement of two months contract is needed. If the tenant and landlord do not agree on any fixed time for renting the property, there is a development of a monthly assured shorthold.
There is a standard starting six months added with two months of protection. The assured tenancy offers the tenants more rights. Their new and modern assured tenancies, however very rare. In the assured tenancy, the landlord requires a goof, meaning forced leave for the tenant. In the guaranteed tenancy, the landlord requires a tenant in the contract, and of the land, the lord offers this notice in written form that is the assured tenancy. In the assured tenancy, the sort shows for the tenant to leave if the owners send a notice for possession (DAC Beachcroft, 2017).
There are bases like two months behind for the rent, the landlord requires the property for personal reasons, and the landlord will change or reshape the property. The court can evict in case the landlord needs passions stating grounds like late rent, property damage, causing a nuisance to neighbors, and the suitable alternative accommodation. In 1900, 90 percent of the residents were tenants. However, this ratio changed till the 2000s, when only nine percent of tenants remained. After Margaret Thatcher obtained the power, the assured shorthold tendency was promoted to offer more landlords' rights.
The contract integrating the terms must be signed by each party of the person on behalf of those parties. Certain legal facts evolve from section 2 of the Property Act of 1989 like the seller is the trustee for the buyer of the legal estate waiting to be complete, the buyer owns the beneficial interest in property and land, and the buyer may save their interest in a property by registration of the interest (Global Property Guide, 2006).
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Investigate how the application of land law and landlord and tenant law control the disposal and use of property using an appropriate case study to highlight your key findings.
Oxygen is a resident to about 12 luxury families at the ground level. There are 1 to 3 bedroom apartments with a basement and car parking opportunities. There is a new benchmark in the five start city living with the advent of the oxygen housing project. Each apartment and townhouse is completed with tremendously higher standards. Complete height windows fill the space with natural sunlight, and balconies provide a panoramic view of the peak district national park and the city in general. The health of the building is an active social place that provides residents with a richness of luxury entertainment assurances like a gymnasium, spa, and other outdoor places like a garden and so on.
Oxygen is developed like a modern vertical village that offers a broad range of amenities and accommodations to facilitate an active new urban community or society. The construction is believed as the most vibrant place in the United Kingdom. Manchester is a place with culture and unique lifestyles. There are world-famous events that add to the value of the place. Oxygen is situated in the middle of the northern quarter of Ancoats. The city has the most developing financial systems in the UK. There is strategic development over the area.
The proposed advancement has been condensed into three aspects slake upper, podium, and plinth. Their law related to land and property is enforced in the construction company. Forexample, the property is sold based on written documents. There is no selling or buying of the property based on verbal statements. The laws linked to tenants and landlords are followed as well.
Land law is the shape of law that deals with the rights regarding use, alienation, and exclusion of others from the land. In several laws, these sorts of property are related to real property and real estate. The land comprises a land of any mines, minerals, and tenure whether a part of the land or not. Land rights are a major aspect of land laws. These are enforced socially by the law regulation authority. Usually, the interior ministry to ensure individual rights are protected. The property laws linked to lease and tenancy are protected as well. There are legal authorities that deal with conflicts linked to lease term issues and so on. Land law is a sort of regulation that deals with several jurisdictions. These sorts of properties are called real estate. There are differences in public and private possessions. Oxygen Manchester follows the rights related to renting, use of land, possession, contracts and so on. Land rights, like a basic shape of the law, are basics and they are followed even not enforced forcefully. It is because these laws are beneficial for end-users. For example, no person buys a property unless there is a written contract or agreement. The owner of the house follows a two-month condition regarding taking possession back from a tenant to prevent legal issues and complications.
Create an evaluation of the impact of land law and property law in the development and disposal of a large urban construction project, using the project from your presentation.
Among all the present uncertainty, it might be comforting to know that regardless of the United Kingdom's long-standing members in the European Union, the property law existed mandatory with the UK. It appears that Brexit will have a limited effect on UK property regulations. Especially, leaving the European Union will not affect the legal formalities related to ownership of property, leasing, land registration, etc. These legal implications with the transparent mechanism of registered possession and investor-friendly loans make the law of property so appealing to investors. The laws related to the property are mentioned and enforced by the state. In the federal policy linked to the land and management act of 1976, the secretary of the interior is eligible to stand up a law making the body to apply the federal laws and roles related to public land and their resources (George IDE LLP, 2016).