APC LL&T Flashcards
What is covered by Part 1 of the Landlord and Tenant Act 1954?
Security of Tenure for residential tenants.
What is covered by Part 2 of the Landlord and Tenant Act 1954?
Security of Tenure for Business, Professional and other Tenants
What is covered by Part 3 of the Landlord and Tenant Act 1954?
Compensation for Improvements
What is covered by Part 4 of the Landlord and Tenant Act 1954?
Miscellaneous and Supplementary
Discuss the content of Part 2 of the 54 Act.
Section 23 - tenancies to which Part 2 applies
S.24-28 - continuation and renewal of tenancies
S.29-38 - application to court for new tenancies
S.39-46 - general and supplementary provisions
What notices are required to terminate a protected tenancy?
Landlord termination - Section 25
Tenant termination - Section 27
What are the grounds for objecting to a new lease?
7 grounds, 2 mandatory:
intention to demolish or reconstruct (m)
intention to occupy (m)
breach of repairing covenant
persistent delayed rent
breach of other obligations
availability of alternative accommodation
let as a whole rather than as parts
How is a Section 25 Notice served?
Via the mechanism detailed in the Lease, or it is invalid.
6-12 months notice is the requirement, if Tenant does not respond / negotiate then the notice will stand.
Tenant must respond within 2 months
How is a Section 27 Notice served?
Via the prescribed method in the Lease, and again 6-12 months before proposed commencement date.
Landlord must respond within 2 months
Discuss
‘On Tower UK Limited v AP Wireless (II) UK Limited [2022]’.
- New Zealand Farm
- Initial renewal should be completed under the 54 Act.
- Valuation to be governed by Section 34 open market principles.
- Used Pippingford approach of using comparable evidence rather than Hanover.
- O’May principle meant that APW additional requests declined.
Discuss
EE and H3G v Morriss and others [2022]
- Pippingford
- Established that comparable method should be adopted in 54 Act protected cases where evidence available.
- Valuation to be governed by Section 34 open market principles.
- Annualisation of ECPs etc.
What’s the key case law for lease v licence?
Street v Mountford 1985
labelling doesn’t matter, the effect of the document does.
What must a lease do?
- confer exclusive possession
- receive a rent or premium associated
(disputed in Ashburn Anstalt v Arnold 1988) - last a defined term
When must a lease be registered?
If 7 years or more in length
What is covered by Section 23 of the 1954 Act?
Tenancies to which Part 2 applies
What is covered by Section 24 of the 1954 Act?
Continuation of tenancies to which Part 2 applies, and grant of new tenancies
What is covered by Section 24A-D of the 1954 Act?
Applications for determination of interim rent
What is covered by Section 25 of the 1954 Act?
Termination of tenancy by the landlord
What is covered by Section 26 of the 1954 Act?
Tenant’s request for a new tenancy
What is covered by Section 27 of the 1954 Act?
Termination by tenant (fixed term)
What is covered by Section 28 of the 1954 Act?
renewal of tenancies by agreement
What is covered by Section 29 of the 1954 Act?
Court order for grant of new tenancy or termination of current
What is covered by Section 30 of the 1954 Act?
Opposition by Landlord for new tenancy (7 reasons)
What is covered by Section 31 of the 1954 Act?
Dismissal of application for new tenancy where landlord opposes
What is covered by Section 32 of the 1954 Act?
Property to be comprised in new tenancy
What is covered by Section 33 of the 1954 Act?
Duration of a new tenancy
What is covered by Section 34 of the 1954 Act?
Rent under a new tenancy
What is covered by Section 35 of the 1954 Act?
other terms of a new tenancy
What is covered by Section 36 of the 1954 Act?
Carrying out of order for a new tenancy
What is covered by Section 37 of the 1954 Act?
Compensation where order is prevented on certain grounds
What is covered by Section 38 of the 1954 Act?
Restriction on agreements excluding Part 2
What is covered by Section 39 of the 1954 Act?
Saving for compulsory acqusition
What is covered by Section 40 of the 1954 Act?
Information requests and sharing
What is covered by Section 41 of the 1954 Act?
Trusts
What is covered by Section 41 of the 1954 Act?
Trusts / Partnerships
What is covered by Section 42 of the 1954 Act?
Groups of Companies
What is covered by Section 43 of the 1954 Act?
tenancies excluded from Part 2
What is covered by Section 44 of the 1954 Act?
Meaning of the landlord in part 2
What is covered by Section 45-46 of the 1954 Act?
Provisions and interpretations
What RICS Professional Statement relates to the leasing of commerical premises?
Code for leasing business premises England and Wales 2020
Who is the telecoms industry regulator and what documents have they released?
OFCOM
Electronic Communications Code - Code of Practice 2017
What is the RICS document relating to telecoms?
Guidance Note
Surveyors acting in respect of the Electronic Communications Code 2019
Assumptions and disregards of rent reviews?
Assume - hypothetical lease (covenants achieved, willing parties, agreed term), use of property for intended purpose.
disregard - tenant or property goodwill, improvements with LL consent
Types of rent review
OMRR, RPI CPI, cap and collar, fixed increase, turnover rent, geared rent.
