AHA Rent Reviews Flashcards
What is the notice for AHA rent Reivews
Section 12 notice
What is the notice periods
12-24 months
How do you comply with Section 12 Notices
In writing, requiring rent patablet o be refferred to arbitatration from the next termination date, correctly identify the parties and the holdings
How must you serve notice
section i3
delivered to recipient perosnally
left at his property
sent by recorded delivery
What are the frequency of rent reviews
Every three years
What is the date of valuation
The valuation date is the next termination date. The parties may negotiating before this date before the arbitrator and amy be consdering after it
What are the reuquirements before the rent reivew date
Agreed the rent between them
appointed an aritrator
lof=dged application for arbitrator
What is the rent review formula
The trent at whcih the holding might be reasonable be expected to be let by a prudent and willing landlord to a prudent and willing tenant taking into account all relevant factors, including the terms of the tenancy relating to the character and situation of the holding, the productive capacity of the holding and its related earning capicty and the current level of rents for comparables. Hypothetical landlord and tenant
What are the factors which should be disregarded under schedule 2
Tenants improvements, tennats fixed equipment, grant funded element of landlords improvemetns, effect on rent on actual occupation, dilapdations caused by permitted tenant, tenants improvement, and scarcity of marriage value in rents on cmparableholdings
WHat are teh four factors for the rent review formula
Terms of tenancy, character and situation of the holding, productive capacity and related earnng capicty, current rates for comparable lettings
What are other relevant factors
non agricultural income, BPS inome and obligatios, FBT renantal comparable,s agri-enviroment scheme, marriage vlaue
What is the schedule Rent reviews are under
schedule 2
What is the definitionfor rent review for AHA tenancies
Home Farm is a Agricultural Holdings Act Tenancy 1986- rent at which reasonably expected to be let by a prudent and willing landlord to a prudent and willing tent subject to:
All relevant factors
Terms of the tenancy
Character and situation of the holding
Productive and related earning capacity
Current level of rents for comparable letting
What must you think of when doing rent review for businesses, subletting etc
latent value and productive earning capacity