AHA Statutory Claims for dilapidation,end of tenancy claims Flashcards

1
Q

What are the two provisions for compensation

A

S.71 fo compensation of detoriation of parts
S.72 for general detoriation of the holding

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2
Q

What does dilipdation mean

A

Works made by good repair

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3
Q

What does detorioriation mean

A

long term probem such as loss of ertiltily

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4
Q

What section allows either party to claim arbitration and when must this be served

A

s.83 within two months after the termination date under custom or contract

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5
Q

How does the surveyor assess compensation

A

cost at the dte of the quitting
The shortcoming is identified with legal basis which it arises
The cost of doing

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6
Q

What wll the assessments be based on

A

Bsased on local costs or on ABC costings etc

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7
Q

what is a tenants fixture

A

where the tenant hasn’t got written consent for the buildings

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8
Q

At the end tenancy how can the landlord get the item back

A

by serving a one months notice on the landlord

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9
Q

With a tenants fixture how can the landlord get the item and how is it valued

A

By serving a one months counter notice on the tenant which is valued on the fair value to an incoming tenant

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10
Q

What section are short term improvements under

A

schedule 8

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11
Q

What sections are tenants improvements under

A

Schedule 7

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12
Q

How is compensation for tenants improvements valued

A

The increase in its let value in its value as a let unit
Look at the value with and without the improvement to indentify any increase by it
considerthe rental increase and capitalise that over the remaining life improvement
this would be an investment valuation which takes into account lonher term value for development control reasons rather than the work itself
refernce to character and situation of holding at the end of the tenancy. is the item usefuk or not at that context of time
refer to the average requirements of reasonably skilled tenants points to ordinary uses rather than the special value
to be judged in the market at the time on conventionak market vslue assumptions
hypotheticak rennt review with and without improvement

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13
Q

what part 1986 relates ti compensation

A

s.83

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14
Q

how in 1986 act can a tenant claim compensation

A

under s.83 notice of intention to make a claim given to other party within two months after the end of the tanacy within two months at the end of the tenncy
any appointment of an arbtrator to be made within 8 months must be at end of the tenancy

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15
Q

What are the the examples of short term tenant improvements

A

Lime, fertilsiers, fruit trees, mole drainage, growing crops

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16
Q

What part of the 1986 Act is related to dilapidations

A

71-73
73 is compensations and s.71 & 72 are related to dilapidations