FLK2 · SQE1 module

Property Practice

Property Practice is procedural: the sequence of a conveyancing transaction, from pre-contract enquiries through exchange and completion to registration.

Questions frequently test what a specific step in the process achieves legally, rather than asking candidates to recite the process from memory.

What this module covers

Every section of Property Practice, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

  1. The Conveyancing Transaction: Stages and Key Questions4 topics
    • The six stages of a transaction
    • The four threshold questions
    • Framing the transaction at the outset
    • The memorandum of sale
  2. Pre-Contract: Instructions, Conduct, Survey, CGT and Disclosure5 topics
    • Acting for buyer and lender
    • Co-ownership advice
    • The seller’s limited duty of disclosure
    • Capital Gains Tax and the 60-day deadline
    • Source of funds and source of wealth
  3. Investigation of Title: Registered and Unregistered5 topics
    • The three registers of a registered title
    • A good root of title in unregistered land
    • Indemnity insurance for a title defect
    • The classes of registered title
    • Buying from a sole surviving joint tenant
  4. Pre-Contract Searches and Enquiries9 topics
    • Searches made in every case
    • Transaction and location specific searches
    • Raising enquiries before exchange
    • The Law Society Protocol forms
    • Energy performance certificates
    • Exemptions from an energy performance certificate
    • The Minimum Energy Efficiency Standard
    • Common land and village green enquiries
    • Flooding disclosure and flood searches
  5. Planning Control, Listed Buildings and Building Regulations7 topics
    • When development needs permission
    • Time limits on planning enforcement
    • Stop notices
    • Use classes and the building regulations
    • Building regulations enforcement limits
    • Outline permission and reserved matters
    • Listed buildings, curtilage and grading
  6. Contract: Standard Conditions, Deposit, Risk and Insurance4 topics
    • The Standard Conditions of Sale
    • The deposit held as stakeholder
    • Risk passing on exchange
    • The indemnity covenant in the transfer
  7. Exchange of Contracts and the Law Society Formulae2 topics
    • The exchange formulae
    • Protecting the contract by registration
  8. Pre-Completion: Requisitions, Purchase Deed, Searches and Registration Gap6 topics
    • The official search with priority
    • The purchase deed
    • Apportionments on completion
    • Assents by personal representatives
    • Land charges searches on unregistered land
    • Engrossment of a lease and its counterpart
  9. Completion and Post-Completion5 topics
    • What completion achieves
    • Registration deadlines after completion
    • Consequences of breaching an undertaking
    • Completion by post
    • Cancelling the seller’s buildings insurance
  10. Stamp Duty Land Tax (England and Northern Ireland)9 topics
    • The return and the 14-day deadline
    • Residential rates for 2026
    • The additional dwellings surcharge
    • First-time buyer relief
    • The non-resident surcharge
    • Tax on the grant of a lease
    • Linked transactions
    • Six or more dwellings in one transaction
    • Transfers to a connected company
  11. Land Transaction Tax (Wales)1 topic
    • The main residential rates in Wales
  12. Leasehold: Grant, Assignment, Covenants and Alienation13 topics
    • Grant and assignment compared
    • The agreement for lease
    • Alienation covenants and consent
    • Easements, reservations and rent cesser
    • Release of the outgoing tenant, and authorised agreements
    • Forfeiture and the section 146 notice
    • Commercial rent arrears recovery
    • Remedies for breach of a repairing covenant
    • Notice to the landlord on completion
    • Service charge retentions on a sale
    • Management company shares
    • Leasehold features a lender will not accept
    • The leasehold contract package
  13. The Code for Leasing Business Premises (RICS, 2020)3 topics
    • Status and mandatory force of the Code
    • Scope and exclusions
    • Heads of terms under the Code
  14. Security of Tenure for Business Tenants (LTA 1954)2 topics
    • How security of tenure works
    • The statutory grounds of opposition, and compensation
  15. Delayed Completion and Remedies for Breach5 topics
    • Notice to complete
    • Remedies before and after completion
    • Misdescription and misrepresentation
    • The seller’s damages on a resale
    • Rental income in place of compensation
  16. Finance Sources, Mortgage Types and Acting for the Lender8 topics
    • Sources of finance and repayment structures
    • Creating a legal charge
    • Certificate of title and drawdown
    • The named mortgage products
    • Advising on a product is a regulated activity
    • The lenders’ handbook checklist
    • Borrowing from a private source
    • Consent from a non-owning occupier
  17. VAT on Property Transactions and the Option to Tax2 topics
    • The exemption and the option to tax
    • New commercial buildings are standard rated
  18. Termination of Leases and Rent Review3 topics
    • The ways a lease may end
    • Rent review clauses
    • Determining a reviewed rent by arbitration

A real question from this module

Answer it before you decide

FLK2 · Property Practice

Question

A buyer completes the purchase of registered freehold land with the help of a mortgage. Completion has taken place and the transfer has been signed, but before the buyer’s solicitor submits the application to register the transfer and the mortgage, a burglar unconnected with either party breaks into the property. Which of the following correctly describes the buyer’s position at the moment of the break-in?

Choose the best answer

Answer B

For registered land, a transfer (and a legal mortgage) takes effect at law only once it is completed by registration. Before that, the buyer holds an equitable interest under the contract and completed transfer, even though completion has already taken place between the parties, and even though an unrelated third party’s act, such as a break-in, does not itself affect who holds which kind of interest during the registration gap.

Land Registration Act 2002, s.27.

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