Question - Trepty had been looking to buy a property for several months, and they have finally found 8 Broadfield Close, a property which they love. The property is registered with HM Land Registry and is a leasehold, with 995 years remaining. The lease seems very straightforward, although it does prohibit Trepty from sub-letting the property.

They buy the property and decide to move in. Upon arrival on moving day, they find Gwedak in the property. Gwedak says that she has a 6-month tenancy and will be remaining in the property until the tenancy expires. Trepty is furious and seeks your advice on a number of matters.

Answer all three parts:

1. Should the tenancy agreement have been included on the Land Registry, and if not, why not?
2. Although Gwedak says she has a tenancy, Trepty is suspicious that it may not be true and that, instead, Gwedak may be in the property under a licence. What questions should Trepty ask Gwedak to establish whether her occupation of 8 Broadfield Close is under a lease or licence, and what difference, if any, would this make?
3. Once the issue with Gwedak is resolved, Trepty would like to rent the property to a close friend whilst they go travelling. As a long leaseholder, are they able to do so?

Your advice should be presented in the form of a letter, written in full sentences and using language that the client will understand.

Guidance - You are required to advise on each part (a)-(c), applying the law to the facts before reaching a conclusion. Adopting the IRAC method of answering problem-style questions is recommended for answering this question.

UK sources only please.