RE2LAW: Real Estate and Planning Law

Module code: RE2LAW

Module provider: Real Estate and Planning; Henley Business School

Credits: 20

Level: 5

When you'll be taught: Semester 1

Module convenor: Dr Juliet Caroline Brook, email: j.brook@reading.ac.uk

Module co-convenor: Dr Christopher Maidment, email: c.s.maidment@henley.reading.ac.uk

Additional teaching staff 1: Dr Ji Hei Lee, email: j.h.lee@henley.edu.my

Additional teaching staff 2: Ms Sati Salmah Sukarmijan, email: s.s.sukarmijan@reading.ac.uk

Pre-requisite module(s): BEFORE TAKING THIS MODULE YOU MUST TAKE RE1IPB (Compulsory)

Co-requisite module(s): IN THE SAME YEAR AS TAKING THIS MODULE YOU MUST ( TAKE RE2ECON (Compulsory)

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: No

Talis reading list: Yes

Last updated: 19 November 2024

Overview

Module aims and purpose

This module will give students a grounding in key legal and regulatory principles and concepts, underpinning the operation of leasehold relationships and planning processes.ÌýÌý

It is designed to help students develop a conceptual and practical understanding of the main legal principles and the practical and commercial issues applying to landlord and tenant law.Ìý Students will develop a solid and critical understanding of leases and the covenants and procedures encountered by real estate professionals in relation to commercial landlord and tenant relationships.Ìý
Ìý
This will be contextualised by a critical understanding of the main legal principles which underpinÌýplanning law, and the resources and organisational arrangements used to regulate the management and development of land. The module will draw on a variety of case law to explore how these principles have been tested and, consequently, how the application of planning law has evolved.

The module leads at the °ÄÃÅÁùºÏ²Ê¿ª½±¼Ç¼ Malaysia are Dr Ji Hei Lee and Ms Sati Salmah Sukarmijan.

Module learning outcomes

By the end of the module, it is expected that students will be able to:

1. Evaluate a solid and practical appreciation of the principal liabilities, obligations and rights arising between landlords and tenants; Ìý
2. Critically analyse hypothetical scenarios from a legal perspective.Ìý
3. Explain and explain the role of law and regulation in planning decision-making processes.Ìý
4. Apply the role of case law in testing and developing key principles of planning law and regulation.Ìý

Module content

The module will address key aspects of the law, as it underpins the operation of leasehold relationships and planning processes. This will cover the following themes:Ìý

• Introduction to Real Estate and Planning Law and the definition of development.Ìý
• Development management, planning applications and the Development PlanÌý
• Conditions and planning obligationsÌý
• Challenging planning decisions and enforcementÌý
• Estates and interests in land, their creation, transfer and protection;ÌýÌý
• The principal leasehold covenants, both express and implied;Ìý
• Legal and equitable property interests;ÌýÌý
• The essential characteristics of a lease and the key features of leasehold property;Ìý
• The alienation of leasehold property;Ìý
• The statutory regulation of business tenancies;Ìý
• Third party rights in land affecting a freehold estateÌý

Structure

Teaching and learning methods

The module is taught using a mix of lectures and seminars. The lectures introduce students to a range of legal and regulatory concepts and related processes. The seminars give students the opportunity to apply the knowledges introduced through the lectures to a range of cases and scenarios. Additional recorded material will be provided, alongside a range of written materials, to support students’ preparation for seminars.Ìý

For students studying at our campus in Malaysia: This module may be taught in a different semester and the breakdown of study hours may differ to those set out in the Study Hours table (please refer to the Module Handbook for the correct breakdown). In addition, you will be required to complete an additional 40 hours of study, taking the total number of study hours to 240 for this module. This is to comply with the Malaysian Quality Agency (MQA).Ìý

Study hours

At least 30 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 40% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Participation in seminars will allow students to receive formative feedback on their application of key legal principles and concepts. Moreover, one non-assessed written assignment on which feedback will be given. The assignment is an essay plan with annotated bibliography, with an indicative word count of 1,500 words.Ìý

Reassessment

Additional costs