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PLP > 8. Security of Tenure > Flashcards

8. Security of Tenure Flashcards

1
Q

Why are mandatory grounds not always preferable under 30(1)

A

2/3 mandatory grounds trigger compensation under 37(1A)

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2
Q

When is the CED of a lease which is ‘from’ starting date

A

Expires that day

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3
Q

Why are mandatory grounds preferable under 30(1), on the one hand

A

Bc court does not have discretion in whether to grant termination

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4
Q

Who decides rateable value for 37(1A) compensation

A

LA

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5
Q

When will residential use of property still attract security of tenure

A

If business is the principal use and residential is only incidental

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6
Q

What happens if SDLT payable and T holding over

A

Counted as extension of the lease, so account to HMRC

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7
Q

Where are tenant rights under ‘54 Act

A

24(1)

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8
Q

What must 26 notice state

A

Terms for new lease

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9
Q

What is no longer an option if 27 notice served

A

Service of another notice under 26

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10
Q

What does L state if serving notice under 25

A

If hostile or friendly and 30(1) grounds

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11
Q

26 ‘54 Act applies to what

A

T can request new tenancy

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12
Q

What is the consequence of failing to apply to court

A

T loses right to new lease

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13
Q

Rate of compensation for T less than 14 years

A

1 x multiplier x rateable value

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14
Q

Why should app to court always be made when 25/26 notice served

A

As a safety net for T

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15
Q

Who serves 25 notice

A

Competent L

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16
Q

When does T sign a statutory declaration to contract out of ‘54

A

If shorter notice than 14 days given by L

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17
Q

What Act gives security of tenure

A

‘54

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18
Q

What three things can be included in ‘rent’

A

Annual rent, service charge and insurance rent

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19
Q

Who is 27 notice served on

A

Immediate L

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20
Q

Unilateral notice used for what

A

Protect interest during court action w/ reg land

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21
Q

What do you look to in order to decide manner of service for 25/26 notice

A

Lease provisions

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22
Q

27 ‘54 Act

A

T serve notice to terminate tenancy

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23
Q

Under what part of ‘54 can L serve friendly/hostile notice to terminate

A

25

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24
Q

37(1A) ‘54 Act

A

Compensation for 30(1) grounds

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25
Q

What was needed for leases granted prior to June 2004 to contract out of ‘54

A

Court order

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26
Q

By when must L serve warning notice for T to contract out of ‘54 Act

A

At least 14 days before T bound to enter leave (unless waived)

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27
Q

For what notice between 25 - 27 is there no prescribed form

A

27

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28
Q

What is the rate of interim rent

A

MV if friendly, below if hostile

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29
Q

When might STD under 25 be 6 months from notice (generally)

A

If L wants T to move out

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30
Q

When might STD under 25 be 12 months from notice (generally)

A

If L wants T to stay in bc e.g. on high rent

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31
Q

What leases does security of tenure apply to

A

Properties occupied (At least partly) by T for business purposes as a lease

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32
Q

44 ‘54 Act applies to what

A

Competent L

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33
Q

How do you protect court action for reg land

A

Unilateral notice in LR

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34
Q

O’May v City of London ratio

A

If parties cannot agree on new lease terms, court starts from current tenancy

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35
Q

Can extensions be agreed to apply to court for 25/26 notice?

A

Yes

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36
Q

Street v Mountford?

A

Lease v. licence

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37
Q

What should L do if lease contracted out of ‘54, but T staying beyond CED

A

Seek express acknowledgment from T that T = tenant at will

38
Q

How can extensions be agreed for time to apply to court

A

In writing

39
Q

When is SDLT payable on a lease

A

If paid on original lease

40
Q

By when must 27 notice be served

A

At least 3 months before date T wishes to leave

41
Q

What is the benefit for T of applying for interim rent

A

Removes financial risk of 25 notice beating 26 notice

42
Q

Does a lease under ‘54 Act include periodic tenancies?

A

Yes

43
Q

25 ‘54 Act applies to what

A

L can serve friendly or hostile notice

44
Q

Part of ‘54 Act on contracting out of security of tenure

A

38A

45
Q

How do you protect court action for unreg land

A

Pending land action

46
Q

When is the deadline for applying to court under 25/26

A

Day before PCD/STD

47
Q

38A ‘54 Act applies to what?

A

Contracting out of ‘54 Act

48
Q

What is the only way L can terminate lease protected by ‘54

A

By ground in 30(1)

49
Q

What does the rate of compensation under 37(1A) depend on

A

Period of occupation of tenant

50
Q

When can compensation under 37(1A) be excluded

A

T occupying for less than 5 years or parties agree amount

51
Q

What can T do if L serves 25 notice w/ STD of more than 6 months

A

App to pay interim rent from earliest possible STD L could have specified under 25

52
Q

Pending land action used for what

A

Protect interest during court action w/ unreg land

53
Q

What are the rules on the PCD under 26

A

Min 6 and max 12 from date notice served - cannot precede CED

54
Q

Rate of compensation for T 14 years+

A

2 x multiplier x rateable value

55
Q

Who decides terms of new lease if parties cannot

A

Court

56
Q

When can app to court be made after 26 notice srved

A

Any time after counter-notice served, or 2 months from notice if no CN

57
Q

How is COMP different for lease

A

‘OS1’ is now OS2 if only part, ‘Money’ is rent (inc. deposit, service charge + insurance), and lease is ‘Proof’

58
Q

Part of ‘54 Act on excluded tenancies

A

43

59
Q

What must L highlight if opposing 26 notice

A

30(1) grounds in counter-notice

60
Q

When is compensation not available, even if e, f or g relied on

A

If other factor also relied on which does not trigger compensation

61
Q

What can L do if T serves 26 notice

A

Oppose within 2 months by counter-notice + 30(1) grounds

62
Q

If parties cannot agree on new lease terms, court starts from current tenancy (case)

A

O’May v City of London

63
Q

What is the multiplier for compensation under 37(1A)

A

1

64
Q

What is ‘holding over’

A

T occupying beyond CED

65
Q

When is 27 notice not necessary

A

If T to vacate by CED

66
Q

When should app to court be made

A

Once 25/26 notice served

67
Q

Does T retain security of tenure if he underlets

A

No

68
Q

What shows which grounds under 30(1) are discretionary

A

‘Ought not’

69
Q

For what 30(1) grounds is compensation available

A

e, f and g

70
Q

What steps apply to pre-completion of a lease

A

COMP

71
Q

How does the court decide other terms not in 32 - 34 if parties cannot agree for new lease

A

Start from current tenancy, but consider if still suitable

72
Q

What is the knock-on effect of extending time to apply to court

A

Also extends PCD/STD

73
Q

Under what part of ‘54 can T request new tenancy

A

26

74
Q

For what two notices must T/L use prescribed form

A

25 and 26

75
Q

Who is 26 notice served on

A

Competent L

76
Q

What are the rules on the specified termination date under 25

A

Min 6 and max 12 from date notice served - cannot precede CED

77
Q

Under what part of ‘54 Act can T serve notice to terminate tenancy

A

27

78
Q

Procedure for excluding protection of ‘54 Act

A

L serves warning notice, T signes simple declaration (or statutory), and lease contains wording of exclusion as well as ref to notice + declaration

79
Q

What case determines lease v. licence

A

Street v Mountford

80
Q

Why might parties contract out of ‘54 Act

A

Lower rent + acceptable if short term + no amendments to premises

81
Q

30(1) ‘54 Act applies to what

A

Grounds L can rely on to terminate ‘54 Act

82
Q

When is the CED of a lease which includes starting date

A

Day before

83
Q

24(1) ‘54 Act is what

A

Tenant rights

84
Q

What happens if one side serves notice under 25/26, in terms of acts the other side can take

A

Other side cannot serve notice

85
Q

Why might T serve 26 notice

A

To renegotiate rent, or to pre-empt 25 notice

86
Q

Where are the principal terms of the new lease in ‘54 Act

A

32 - 34

87
Q

Part of ‘54 on competent L

A

44

88
Q

Three tenancies excluded from security of tenure

A

Agricultural, mining and fixed term not exceeding 6 months

89
Q

When may L choose to serve counter-notice (but need not)

A

To state not in opposition to grant of new tenancy

90
Q

Two ways T can protect right to new tenancy

A

Apply to court by day before PCD/STD, and apply to LR for pending land action (unreg) or unilateral notice (reg)

91
Q

What does O’May v City of London show the court consider for terms of new tenancy

A

Justice and fairness - have to show terms are reasonable

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