Acts / Legislation

Question 1

What is occupiers liability act 1957?

Answer 1

Duty of care owed to visitor

Question 2

What is occupiers liability act 1984?

Answer 2

Duty of care to Trespassers

Question 3

What is landlord and tenant act 1988?

Answer 3

If tenant seeks landlord consent to alienation

• consent is not to be unreasonably withheld or delayed
• LL must respond within reasonable amount of time (written notice of decision)

Question 4

What is landlord and tenant act 1954?

Answer 4

Protection for business tenancies

• allows them to renew their lease

Question 5

What is landlord and tenants (covenant) act 1995?

Answer 5

Releases tenant from obligations under tenancy when assign the lease

(AGA required)

Question 6

What is the equality act 2010? What are the 10 characteristics?

Answer 6

Protects individuals from discrimination, victimisation and increase equality

Characteristics
- gender
- sex
- sexual orientation
- disability
- marriage / civil partnership
- religion
- age
- maternity
- race

Question 7

What is section 146 of law of property act 1925?

Answer 7

Notice served for forfeiture for breach of contract

Question 8

What is section 24 of landlord and tenant act?

Answer 8

Tenancy will continue until the landlord or tenant serve notice also covers interim rent payable between the date specified in the notice

Question 9

What is a section 25 notice under landlord and tenant act 1954?

Answer 9

Landlord to serve 25 notice no more than 12 months no less than 6 months for expiry to :

• friendly notice - grant a new tenancy sending out new terms
  Or
• hostile notice - oppose renewal under one of the grounds set out in section 30

Question 10

What is a section 26 notice under land and tenant act?

Answer 10

Tenants serves notice to request new tenancy

• no more than 12 m, no less than 6m before expiry

Question 11

What is T serves s26 notice under LTA 1954?

Answer 11

Landlord can serve counter notice within 2m of the notice received setting out the grounds for opposing

Question 12

What is a section 27 notice under land and tenant act?

Answer 12

Tenant serves s27 notice to end tenancy

• 3 months notice after expiry date has passed
• can serve notice before hand

Question 13

What is section 30 of landlord and tenant act 1954?

Answer 13

Sets out grounds for opposing renewal
A - breach of repair
B- non payment of rent
C - breach of other
D - alternative suitable accommodation
E - LL benefit from as whole rather than part
F- redevelop or demolition
G - LL intends to occupy

Question 14

What sections would you contact out via the landlord and tenant act 1954?

Answer 14

Section 38 of landlord and tenant act 1954 allows the section 24-28 of the act to be excluded

Question 15

What did the Regulatory Reform (Business Tenancies) (England) Order 2003 bring?

Answer 15

introduced new procedures for terminating or renewing business tenancies under LTA 1954, and procedures for contracting out of sections 24 to 28 relating to security of tenure.

Came into effect on 1 June 2004.

Question 16

What is section 81 under tribunal courts and enforcement act 2007?

Answer 16

Rent to be paid direct to superior landlord if tenant not paying rent up

Question 17

What is section 19 of Landlord and tenant covenants act 1995?

Answer 17

Guarantor can request an overriding lease if Landlord served a s17 and arrears paid

Question 18

What is section 17 of landlord and tenant covenants act 1995?

Answer 18

Section 17 - allows landlord to recover arrears from guarantor if notice served within 6m of funds becoming due

Question 19

What is insolvency act 1986?

Answer 19

Sets out 5 types of insolvency

• administration
• company voluntary arrangement
• Receivership
• voluntary liquidation
• bankruptcy

Question 20

What is the main legislation for alienation?

Answer 20

Landlord and tenant act 1927

Landlord and tenant act 1988

Question 21

What is landlord and tenant act 1988?

Answer 21

Landlord consent not to be unreasonably withheld once a tenant submits and application to assign or sublet

• LL has a duty to give consent via a written notice either way

Question 22

What is section 19 landlord and tenant act 1927?

Answer 22

Alienation is subject to an implied clause that landlord consent is not to be unreasonably withheld or delayed

Question 23

What is section 18 of landlord and tenant act 1927?

Answer 23

Limits amount of damages recoverable for breaches of repairing consent

E.g. no damages received if shortly after termination the property is due for demo or structural alts

Question 24

What is the leasehold property repairs act 1938?

Answer 24

Applies to any lease granted for a term or 7 years or more with 3 years remaining

Only applies to forfeiture and damages - imposes limitations on LL ability to forfeit for disrepair (s146 notice)

Question 25

What are construction design and management regulations 2015?

Answer 25

Main set of health and safety regulations for managing health and safety welfare on construction project

Question 26

What is corporate manslaughter and homicide act 2007?

Answer 26

Companies can be found guilty as a result of poor serious management failures resulting in breach of duty of care

(Role examined, fine)