PE7018 Law and Surveying Professional Practice Assignment Sample

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Introduction - PE7018 Law and Surveying Professional Practice Assignment Sample

This report addresses the legal and surveying challenges faced by NDL regarding the safety and occupation of their warehouse property as part of the PE7018 Law and Surveying Professional Practice assignment sample. The case highlights issues around duty of care, contract breaches, and tort law, with specific focus on an incident involving injury due to unsafe premises. It evaluates the legal responsibilities for property protection and trespassing. Additionally, the report explores ethical considerations as per RICS standards in relation to construction impact and community concerns. For those needing detailed and well-crafted academic support, expert help with writing assignments is available to ensure comprehensive understanding and successful submission of your professional practice work.

Part 1

In the current case, it was analysed that there were some empty warehouses in the phase one site and a few months ago, Alan noticed that some teenagers were accessing this property and were parting in that warehouse (Kreitner, 2021). Once a teenager John suffered serious injuries due to rotten floorboards which collapsed from the first floor. Now the CEO is concerned about whether John will make any claim or does he needs to legally secure that particular portion which is kept vacant. According to the case law of the Donoghue case, it was referred that duty of care is necessary to be present. In the case of Donoghue v Stevenson, it was analysed that the House of Lords held that the manufacturer owed a certain duty of care towards her (Donoghue v Stevenson Case Summary, 2024).

PE7018 Law and Surveying Professional Practice Assignment Sample

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George Clark 9 Years | LLB

It is due to the reason that there was a breach of the contract as there was a foreseeable failure relating to the quality of the product but then also it was not communicated. Similarly in the present case, of NDL, the original landowner must have highlighted the fact that the floorboards are not good. Moreover, in the current case, NDL can also file a suit against John for trespassing on the warehouse (Knapp et al, 2023). This is the property of NDL and John without permission has entered the premises accordingly the tort law can also be complied with. According to tort law, John must have taken permission from NDL and then entered the premises. But in actuality, they did not take permission and consequently, the mishappening took place. Also, according to the English land law, it is clear that the NDL can get the land protected in their name. In case the land is protected then automatically no person will be allowed to enter the land.

For the effective solving of the case, it is the responsibility of the NDL they first view the contract with the original owner to determine what the condition was present in the contract (Blomley, 2020). In case the contract includes the condition of the land as bad then it will be impacting the working of the company to a great extent. Also, in case the land condition is not present in the contract, then NDL can claim the owner for the wrong presentation of the land. Moreover, another solution can also be related to the securing of the vacant possession of the land. For this, NDL needs to ensure that they improve physical security that is must hire guards who will take care of the land during the night. Moreover, restricting access to the premises and having some legal resources will be assistive in managing the work and protecting the land well (Rose, 2023).

References

Books and Journals

• Blomley, N., 2020. Precarious territory: Property law, housing, and the socio‐spatial order. Antipode, 52(1), pp.36-57.
• Knapp, C.L., Crystal, N.M., Prince, H.G., Hart, D.K. and Silverstein, J.M., 2023. Problems in Contract Law: cases and materials. Aspen Publishing.
• Kreitner, R., 2021. Speculations of contract, or how contract law stopped worrying and learned to love risk. In Governing Risks (pp. 439-481). Routledge.
• Rose, F., 2023. Blackstone's Statutes on Contract, Tort and Restitution. Oxford University Press.

Online

• Donoghue v Stevenson Case Summary. 2024. Online. Available through: < https://www.lawteacher.net/cases/donoghue-v-stevenson.php >

Part 2

In the current scenario, NDL has proceeded with the construction and for this, they have received planning permission from the authorities after much opposition from residents. The residents opposed it as they have the issue that the construction increases the issues relating to daylighting, air and noise pollution and many other different issues (Zaheer et al, 2021). Moreover, the resident also had an issue relating to the fact that the materials for the construction could be sourced from the local market but then also it was imported from outside the UK. Even after the analysis of some of the independent reports it was evidenced that the daylighting for the nearby building will reduce and also this construction is going to increase the noise and air pollution. This pollution and reduced daylight for others were the major concerns that the current construction creates for the NDL. Thus, in response to this solution, it is advised to the company that they must comply with the RICS Rules of Conduct and Professional Competencies.

According to this RICS, there are five ethical principles which need to be surely undertaken by the company while operating. In case these aspects are not followed effectively then it will impact the overall working of the company and the environment will also be affected (Rules of Conduct, 2024). As a solution, NDL must have complied with effective integrity and for this, they should have complied with effective transparency with the community and other stakeholders as well. According to this, the company must have communicated with the community that this current project will be affecting their daylight and also might add to the noise and air pollution. In case, the NDL would have honestly communicated all this information to the community on their own then it might be possible that the local people would not have opposition to it. In case NDL had communicated on their own then more trust would have been built as the community would think that the company was concerned relating to environmental protection and as a result, they could have supported NDL in the construction (Moyo et al, 2023).

Also, another principle of RICS includes respect and responsibility. It is a fact which states that the company must have respected the views of the community and as a result must have worked responsibly. For this, it is necessary for NDL they try to respect the views of the community and must come up with better solutions so that the problem of the whole society can be resolved (Yap et al, 2022). For this, NDL could have to rethink relating to importing the material when it can be sourced from the local market only. It is necessary as when the material will be purchased from the local market then the local economy will develop and as a result of this, the overall country development will increase. Also when the local business increases due to activities of NDL then the community will also have a positive impact and they might not have opposed the starting of the construction (Noor, Tobi and Salim, 2020). Thus, conducting the work based on the RICS could have improved the position of NDL and as a result, the overall

References

Books and Journals

• Zaheer, M.I., Ajayi, S.O., Zulu, S.L., Oyegoke, A. and Kazemi, H., 2021. Understanding the key competencies of market-ready building surveying graduates from employers’ perspectives. Journal of Engineering, Design and Technology, 19(1), pp.291-314.
• Yap, J.B.H., Skitmore, M., Lim, Y.W., Loo, S.C. and Gray, J., 2022. Assessing the expected current and future competencies of quantity surveyors in the Malaysian built environment. Engineering, Construction and Architectural Management, 29(6), pp.2415-2436.
• Moyo, T., Mukawa, M., Moyo, C. and Chigara, B., 2023. Expected competencies of quantity surveyors in Zimbabwe. Journal of Construction in Developing Countries, 28(1), pp.19-42.
• Noor, S.N.A.M., Tobi, S.U.M. and Salim, K.R., 2020, May. Competencies of quantity surveyors in construction industry: Document reviews from different quantity surveyor professional bodies. In IOP Conference Series: Materials Science and Engineering (Vol. 864, No. 1, p. 012098). IOP Publishing.

Online

• Rules of Conduct. 2024. Online. Available through: < https://www.rics.org/profession-standards/rics-standards-and-guidance/conduct-competence/rules-of-conduct>

Part 3

Now after the completion of Phase 1, there are different offices which are on the upper floor along with the retail mall on the ground and mezzanine floor, the NDL is interested in leasing the property. It is due to the reason that when the property is given on lease then it increases the rental return and also there is high capital growth (Wainwright, 2023). Thus accordingly there are different types of leasing agreements which can be signed by NDL and one of the types must be included in the running of the business. The different types of lease which could have been used by NDL include the following-

• Fixed-term tenancy- accordingly the first method includes the fixed-term tenancy within which the lease agreement is fixed for a particular amount of time. This can be 6 months, one year or any specific period for which there will be a lease agreement between the parties involved.
• Periodic tenancy- this is a kind of leasing method in which there is no particular date for the end of the tenancy (Types of tenancy agreement, 2024). Rather this system works on the rolling method wherein the contract of tenancy does not have any of the end date.
• Percentage lease- this is another kind of method of lease which emphasises the fact that the tenant agrees to pay a certain fixed amount as base rent (Orr et al, 2023). In addition to this, a percentage is also fixed from the sales which will be provided to the landlord by the tenant.

Thus, compliance with the percentage lease will be more beneficial in the case of NDL. It is the reason that the objective of NDL is to optimise the investment return and in case of a percentage lease, the NDL will be able to earn more of the profits. It is due to the reason that they will be having a certain fixed rent and along with this the fixed percentage of the sales will also be earned (Byrne and McArdle, 2022). Ultimately it will increase the profitability of the company and will be more beneficial. Further, according to the tenant law in the UK, it is an act which provides for the right of a person to live in a property or use it which is safe and in a good state. The place which is to be given on lease must be constructed well and also it must meet the requirement of the client. For instance, if the person is taking the lease for opening a restaurant in the mall then it might have all the amenities which a restaurant must have. Also, there must be a suitable option given to the tenant for the renewal of the lease and accordingly, the responsibilities must also be listed well in the contract (Ti, 2022). In the lease contract, the responsibility of the lessor and the lessee must be listed clearly so that the work can be managed well.

References

Books and Journals

• Byrne, M. and McArdle, R., 2022. Secure occupancy, power and the landlord-tenant relation: a qualitative exploration of the Irish private rental sector. Housing Studies, 37(1), pp.124-142.
• Orr, A.M., Gardner, A., Jackson, C. and White, J.T., 2023. Changing tenant covenant perceptions and flexibility in the lease model in UK city centres. Journal of Property Research, 40(1), pp.1-24.
• Ti, E.S., 2022. Of landlords and tenants: property in the midst of a pandemic. Statute Law Review, 43(3), pp.284-303.
• Wainwright, T., 2023. Rental proptech platforms: Changing landlord and tenant power relations in the UK private rental sector?. Environment and Planning A: Economy and Space, 55(2), pp.339-358.

Online

• Types of tenancy agreement. 2024. Online. Available through: < https://england.shelter.org.uk/housing_advice/private_renting/types_of_renting_agreement>