Dilapidations

Question 1

What must a surveyor not do when acting in a dilapidations claim?

Answer 1

They should not allow their professional standards to be advances to further their clients case. They should not provide a document that contains items that they know or should know are not true, properly sustainable or reasonably arguable - INTEGRITY

Question 2

In the absence of a lease, or an express repairing clause how are the obligations dealt with?

Answer 2

Under common law

Question 3

What are the obligations on a landlord at common law?

Answer 3

• To give full possession at the date of entry - Once tenant is in possession, not to do anything to prevent possession - Warrant that the premises is fit for purpose - Continuing duty to keep premises tenantable, and wind and water tight, once they have been notified of any breaches

Question 4

What are the obligations on a tenant at common law?

Answer 4

• To take possession at the date of entry - To remain in possession over the course of the lease - To use the premises for the intention they were let - To take reasonable care, and to be liable for damage caused through their negligence - To pay rent

Question 5

How are common law liabilities transferred under a lease?

Answer 5

Mainly, through the repairing obligation. A form of words requiring the tenant to “keep and maintain in a good and substantial condition”. Additionally, the landlord may remove their warranty that the premises is fit for purpose, or that the tenant accepts that premises as being in a tenantable condition

Question 6

Why is an understanding on the common law position important, even when there is a lease in place?

Answer 6

If the lease is silent on something, then it will revert back to the common law position. Therefore having an understanding of what the common law liabilities is important to be able to advise a client

Question 7

What is tacit relocation?

Answer 7

Tacit relocation is where either the landlord or tenant fail to issue adequate notice to quit. In that case, the lease can continue for a year (or less if the lease was less), and all obligations will remain in place

Question 8

What is a dilapidations claim?

Answer 8

The typical process of the allegation of the breach of an obligation under a lease/tenancy, generally in respect of the repair or use. Normally conveyed via a schedule of dilapidations

Question 9

What is diminution in value?

Answer 9

Diminution in value is a measure of loss which has no statutory significance in Scotland. It is a valuation of the difference between a value of a premises in its current condition and the premises under the tenancy

Question 10

What are extraordinary repairs?

Answer 10

Generally defined as extensive or substantial replacement or renewal required as a result of a significant defect caused by the passage of time, natural decay, latent/inherent defects, or an extraordinary event. For a tenant to be liable for extraordinary repairs there needs to be specific terms in the lease (i.e. regardless of the cause of damage)

Question 11

What is an ordinary repair?

Answer 11

An ordinary repair is a repair considered to be within normal repair and maintenance, to ensure wind and watertight or in appropriate condition for the lease obligations

Question 12

What is a schedule of dilapidations?

Answer 12

A document that notes the lease, obligations, alleged breaches, wants of repair (non-monetary)/repair works required, and possibly the estimated/actual cost to carry out the works. Usually prepared by a building surveyor, usually provided in Scott Schedule form to allow for tenant responses against specific breaches

Question 13

What is tenantable condition?

Answer 13

Generally considered to be a condition that takes into account the age, character and locality of the premises and whether it is in a condition where a reasonably minded tenant would be likely to take on a lease of that premises on similar terms

Question 14

What is the definition of a lease?

Answer 14

A lease is a contract where a landlord provides the tenant with the right to occupation of a premises for a period of time, in return for a payment for consideration (i.e. rent)

Question 15

What are the common different types of lease?

Answer 15

• Full repairing and insuring (FRI) - Internal repairing only (IRI

Question 16

What is a full repairing and insuring lease?

Answer 16

Normally involves the transferrance of all repairing obligations onto the tenant for the period of the lease

Question 17

What is an internal repairing only lease?

Answer 17

Only the repairing obligations for internal fabric of the premises is transferred to the tenant. Often is accompanied by a requirement for pay service charge for common areas

Question 18

What are the four essential ingredients for a lease in Scotland at common law?

Answer 18

• Two parties - landlord and tenant - Identification of the premises the tenant is to occupy - Obligation of the tenant to pay rent - There is an identifiable expiry (the ish)

Question 19

What is required for a successful dilapidations claim?

Answer 19

• A lease in place - The part relating to the alleges breach is within the premises (as defined by the lease) - An identifiable breach of obligation which results in a want of repair that causes (or is likely to) the other party to suffer loss

Question 20

Why might a landlord serve a schedule of dilapidations?

Answer 20

• To remind a tenant of their obligations/require a repair during the currency of the lease - To define work that is required to be carried out prior to lease expiry - To define breaches to substantiate the wants of repair and pursue a claim for damages for works the tenant has failed to carry out

Question 21

Once instructed to act in a dilapidations claim, what documentation would you expect to review?

Answer 21

• Lease - understand the premises and the obligations contained within it - Assignations of lease - Minutes of variation/extension of lease - License to alter (plus plans/spec) - Schedule of conditions (appended or referenced) - Schedules of LL’s fixtures and fittings - Any planning notices attached to premises - Plans - defining premises and layout at commencement

Question 22

What clauses in the lease would you expect to take particular consideration of while acting as part of a dilapidations claim?

Answer 22

• Premises (definitions of extent, lease plan) - Repair - Decoration - Alterations/reinstatement - Yielding up - Statutory obligations - Recovery of fees

Question 23

What remedies are available to a landlord?

Answer 23

• Decree of specific implement (during lease only) - Instigate repair works (only if lease allows, balance of peaceful possession to be considered) - Terminate lease (by invoking an irritancy clause, legal advice required) - Claim for damages (lease expiry, should be a measure of loss suffered)

Question 24

Grove Investments v Cape Building - lessons learned?

Answer 24

Payments clauses - if based on VALUE, then measures of loss other than may be considered, included Diminution in Value

Question 25

@SIPP Pensionvs v Insight Travel - lessons learned?

Answer 25

Payment clauses - depending on lease drafting, a payment clause may hold up even if the Landlord has no intention to carry out the works

Question 26

Define the term ‘dilapidations’

Answer 26

‘The term ‘dilapidations’ refers to a state of disrepair in a property where there is a legal liability for the condition of disrepair’ Those items of disrepair that arise through breach of contract, especially by one of the parties to a lease, giving rise to a right to damages or remedial action

Question 27

What are the 3 factors for dilapidations?

Answer 27

• A lease (usually a commercial lease of 25 years or less but may be a longer term); • A piece of property or part of an estate (e.g. offices, a warehouse, or a unit in a shopping centre) • A state of disrepair for which one party has accepted legal liability and for which the other party has suffered or will suffer financial loss’

Question 28

Why does a dialpidations claim benefit the owner of the property?

Answer 28

If a building is not properly maintained, it can become damaged or fail, with the effect that the value and usefulness of the building might be diminished, either to its owner or to those occupying it

Question 29

What is in both of the parties interests in terms of responsibility for the leased property?

Answer 29

• When a building is let, the landlord and tenant will be keen to ensure that one or both of them take on the responsibility to maintain the property. • identifying what the landlord or tenant may or may not do to the premises is decided upon in the lease

Question 30

What is a dilapidations claim?

Answer 30

A dilapidations claim is an assessment of whether these provisions have been complied with and the implications of this If a building has been damaged, and assuming that action is required, then the first task will be to seek to determine what the breaches are, generally by recording them in a Schedule of Dilapidations

Question 31

How does the length of the lease affect the remedial actions?

Answer 31

•The remedies that are available will be influenced principally by the length of the term of the lease that is remaining •However, when these remedies are to be imposed on the other side, especially where this takes the form of financial compensation, the actual losses that these breaches cause need to be taken into account

Question 32

What two factors must be considered when covering the dilapidation task?

Answer 32

• The extent of the breaches of the lease, together with the works necessary to correct them •The actual effect that these have on the other’s interest

Question 33

What does fitting out mean?

Answer 33

Works required by a tenant to make the premises fit and ready for occupation and use

Question 34

What does forfeiture mean?

Answer 34

The ability of the Landlord to bring the Lease to an end during the Term as a result of the Tenant not having paid rent, not having complied with covenants or becoming insolvent

Question 35

What is a full repairing lease?

Answer 35

A full repair and insuring lease means that a tenant is responsible for all maintenance (internal and external) as well as the buildings insurance. Also known as FRI or full repair

Question 36

What is an internal repair only lease?

Answer 36

An internal repair only lease means that a tenant is responsible for internal maintenance only. The Landlord is likely to be responsible for external maintenance

Question 37

What is a licence?

Answer 37

A document by which the Landlord gives consent usually to alterations to the premises or the assignments or underlettings

Question 38

What is a rent review?

Answer 38

The basis on which the rent can be increased during the Term. Rent Reviews often take place every 3 or 5 years. The Lease will set out how the rent is to be reviewed

Question 39

What is a service charge?

Answer 39

The amount that the Tenant has to pay to the Landlord for maintaining and repairing common parts of the property or building such as repairing structural parts with an Internal Repairing Only Lease or areas of a building or estate that are used in common with other Tenants

Question 40

What is an assignment?

Answer 40

The transfer of the Tenant’s interest in the Lease to another person (the Assignee)

Question 41

What is a break clause?

Answer 41

A clause within a lease allowing the landlord or tenant (or both) to terminate the lease upon serving Notice as defined in the lease

Question 42

What are covenants?

Answer 42

The obligations that the Landlord and the Tenant must comply with. These are set out within the Lease itself. The Tenants Covenants are one of the main parts of the Lease

Question 43

What is demise?

Answer 43

The area that is let to the Tenant under the terms of the Lease

Question 44

What is a term?

Answer 44

The length of time that the Lease is granted to the Tenant for

Question 45

What is underletting?

Answer 45

The granting of an additional Lease by a Tenant to a third party to another person (the Under tenant) of all or part of the premises with the existing lease staying in place

Question 46

What does yielding-up mean?

Answer 46

At the end of a lease, a tenant is required to Yield Up in accordance with the repairing and redecorating covenants contained within the lease A tenant is also required to remove any alterations which they may have been carried out, including the removal of demountable partitions, for which an express licence is usually not required

Question 47

What can a landlord include in a dilapidations claim?

Answer 47

• The cost of repairing the demised premises • Decorations • Reinstatement • Professional Fees

Question 48

What are repairs in the dilapidations claim?

Answer 48

• This may include putting the premises into repair that meets the standards found at the beginning of the lease • The obligations may be ‘limited’ by a Schedule of Condition recording the standards required

Question 49

What are decorations in the dilapidations claim?

Answer 49

• As standard, most leases require that the premises be decorated internally every five years and externally every three years • There will usually be a clause requiring that the entire premises be decorated in the last year of occupation

Question 50

What does reinstatement mean in the dilapidations claim?

Answer 50

• It is usual for the tenant to be required to reinstate the premises to the configuration/layout in which the premises were originally found • For example, this is likely to include the stripping out of any partitioning or plant, or mezzanine floors etc

Question 51

What do professional fees include in the dilapidations claim?

Answer 51

• For Contract Administration – The fees for preparing the specifications, obtaining tenders and administrating works on site • For Professional Fees for preparation of the Dilapidations Schedule. • Fees may include specialist testing

Question 52

What does a loss of rent mean in the dilapidations claim?

Answer 52

• The market rent for the period it would take to undertake the works plus possibly then period for preparing specifications and obtaining tenders

Question 53

What does loss of service charge mean in the dilapidations claim?

Answer 53

• Applicable where the building is in multiple occupancy

Question 54

What does VAT mean in the dilapidations claim?

Answer 54

• On the cost of the works where not recoverable by the landlord

Question 55

What is the strategy for the landlord in the dilapidations process?

Answer 55

The landlord wants the highest possible damages whilst the tenant wants to minimise his costs

Question 56

What is the strategy for the landlord in the tenants process?

Answer 56

• Tenants should seek the advice of a professional well in advance of the lease expiry in order that the dilapidations liability can be assessed and a strategy established • The adviser can then work on behalf of the tenant to negotiate an acceptable settlement with the landlord or to project manage any required works

Question 57

What can over-exaggeration or understatement of dialpidations schedules lead to?

Answer 57

The Civil Procedure Rules have resulted in a vast reduction in this approach as the courts can now impose damages on any party who is found to be ‘obstructing’ the process, which eventually ends up coming before the courts. This is particularly important as any subsequent litigation carries with it the danger of a heavy costs order against the party who exaggerates or understates its position ‘In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including the conduct of all the parties’

Question 58

What can the tenant do if the landlord sends an interim schedule?

Answer 58

The tenant can seek relief under the Leasehold Property (Repairs) Act 1938 (as amended by the Landlord and Tenant Act 1954), if the lease has more than three years to run (and the lease term is over seven years)

Question 59

What are conditions for the tenant not to do the interim schedule?

Answer 59

The lease has to have more than three years to run (and the lease term is over seven years) This will normally be successful provided that the repairs are not required to put the building in repair under a specific lease covenant or to avoid substantial damage to the value of the revers

Question 60

In respect of a terminal schedule, what options does the tenant have for a number of options when the end of the lease approaches?

Answer 60

• The tenant can attempt to comply with all his repairing obligations either by his own interpretation of the lease or by reference to the landlord’s schedule • The tenant can do nothing, wait until the lease expires and then seek to negotiate a financial settlement • He can carry out limited works and seek to negotiate a settlement in respect of the work he is not undertaking

Question 61

How does the The Leasehold Property (Repairs) Act 1938 affect the landlord and tenant?

Answer 61

• Where a tenant claims relief under the 1938 Act, the tenant within 28 days of service of the section 146 notice, serves a counter-notice taking the benefit of the Act • The landlord may not proceed with a damages claim (or forfeiture) without first obtaining the permission of the court

Question 62

What are five grounds under the 1938 Act which the court can make the tenant fulfil the interim schedule?

Answer 62

When the immediate remedying of the breach in question is required to prevent substantial diminution in the value of the landlord’s reversion, or that the value thereof has been substantially diminished by the breach When the immediate remedying of the breach is required for the purposes of any enactment, by-law or other provision having effect under an enactment, or for any order of a court or requirement of any authority In a case in which the tenant is not in occupation of the whole of the property with regard to which the covenant or agreement is proposed to be enforced, and where the immediate remedying of the breach is required in the interests of the occupier of the property or of part thereof When the breach can be immediately remedied at an expense that is relatively small in comparison with the much greater expense that would probably be occasioned by postponement of the necessary work In special circumstances which, in the opinion of the court, render it just and equitable that permission should be given

Question 63

Why might the tenant not be required to pay the full or no reinstatement?

Answer 63

• If the tenant has discharged all his liabilities then the matter should be concluded swiftly, however this option is not always viable, as the premises are usually required by the tenant until immediately prior to the lease expiry • It is also possible that the landlord may have plans for the building which would over-ride the requirements to carry out some works (ie substantial refurbishment) • The landlord may have a new tenant wishing to retain some of the facilities for which there is a requirement for reinstatement • There is also the danger that the works carried out by the tenants may not be of a satisfactory standard resulting in a full claim from the landlord in any event

Question 64

What are the principles of the damages regarding the dilapidations claim?

Answer 64

• A landlord cannot recover more than its loss. section 18(1) of the Landlord and Tenant Act 1927, a landlord cannot recover more than the diminution in the value of its reversion • The purpose of damages is to compensate an injured party for its loss; it is not to punish. That is the position regardless of the nature of the breach(s) • As a consequence of the common law and statutory provisions described below, generally, the damages recovered by a landlord will be agreed or determined by reference to: • Or, a combination of the two

Question 65

What is the purpose of damages in the dilapidations claim?

Answer 65

The purpose of damages is to compensate an injured party for its loss; it is not to punish. That is the position regardless of the nature of the breach/s

Question 66

Define and explain the Tenant and Law Act 1927

Answer 66

• The common law position is that, where there has been a breach of the repair covenant, the normal measure of damages is the cost of repair

Question 67

What two calculations are required to calculate the diminution of the property?

Answer 67

• In order to calculate the diminution two valuations are required. Firstly to compare the property’s value in poor repair; and secondly to look at the value the property would have achieved in the open market if it had been maintained by the tenant • The second valuation is a hypothetical assessment, as the premises would not currently be in repair. It must consider all potential uses for the premises, as it may be more valuable as a redevelopment site or for an alternative purpose

Question 68

What is the first part to section 18(1)

Answer 68

• The first limits the claim to the amount that the value of the landlord’s reversion is diminished by breaches of the covenant to repair • The landlord cannot recover more than it has cost, in terms of the loss caused to the value of the property. This is the diminution in the property’s reversionary value, caused by the disrepair

Question 69

What is the second part to section 18(1)

Answer 69

• The second part states that no damages are recoverable, if it can be shown that on expiration of the lease the premises would be demolished or altered to the extent that would render valueless the repairs in question

Question 70

What is the role of the Building Surveyor?

Answer 70

• The role of the Building Surveyor will differ significantly depending on whether acting on behalf on a Landlord or a Tenant

Question 71

What is the difference when the building surveyor is appointed by the landlord instead of the tenant?

Answer 71

• When acting on behalf of a landlord, the Building Surveyor will prepare a schedule of dilapidations. When negotiating on behalf of a Landlord the Building Surveyor will aim to maximise that amount of damages payable • When acting on behalf of a tenant the Building Surveyor will receive and scrutinise a schedule prepared by the landlord’s professional advisor. When acting on behalf of a tenant the Building Surveyor will be trying to minimise the amount of damages payable

Question 72

What should the Building Surveyor’s role include the following to ensure that the tenant minimises financial liability:

Answer 72

Assess the repairing, decoration, alteration and yield up covenants within the lease and any other supporting documentation Advise tenant as to whether it is best to undertake certain works prior to the expiration of the lease in order to reduce/remove the dilapidation liability or to seek to negotiate a financial settlement with the landlord Prepare a report assessing the dilapidations liability, which will provide a realistic breakdown of the potential claim in relation to building works, loss of rent, service charge and insurance When project managing works, ensure that the scheduled works and costs do not exceed the specific liabilities and will not be superseded by essential works required to market the premises Be persistent in negotiating a settlement in order to minimise the client’s uncertainty over liabilities or the potential monies available to undertake repairs

Question 73

What does the CPR include regarding the conduct of all parties?

Answer 73

Conduct before, as well as during, the proceedings, and in particular the extent to which the parties followed any relevant pre-action protocol Whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue The manner in which a party has pursued or defended his case or a particular allegation or issue; and Whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim.’

Question 74

What does the CPR include regarding the conduct of all parties?

Answer 74

Conduct before, as well as during, the proceedings, and in particular the extent to which the parties followed any relevant pre-action protocol Whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue The manner in which a party has pursued or defended his case or a particular allegation or issue; and Whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim.’

Question 75

What are dilapidations?

Answer 75

Dilapidations are breaches of leases due to the condition of the property being leased, either during or at the end of the lease period

Question 76

What guidance is available in terms of dilapidations?

Answer 76

RICS ‘Dilapidations’ (2012) guidance note

Question 77

What is the purpose of a Schedule of Dilapidations?

Answer 77

1. Basis of a dilapidations claim and is a list in a prescribed format detailing items of repair and decoration which a landlord considers is in need of remedying in order to comply with the terms of the lease
2. Will often be used as a basis for negotiations between the landlord and tenant, with a view to reaching a settlement

Question 78

What information would you include in a Schedule of Dilapidations?

Answer 78

1. Item number
2. Clause number breached
3. Details of breach
4. Remedial works required
5. Cost of remedial works

Question 79

What types of dilapidations schedules are available?

Answer 79

1. Interim Schedule
2. Terminal Schedule
3. Final Schedule

Question 80

When would you use an interim schedule?

Answer 80

Served during the term of the lease, giving tenants the opportunity to remedy any breaches before any outstanding works escalate

Question 81

When would you use a terminal schedule?

Answer 81

Served within the last 3 years of the term of the lease, giving tenants early warning of any potential claim

Question 82

When would you use a final schedule?

Answer 82

Served at the end of the lease and may contain the same breaches as the interim and terminal schedules, but the tenant will not be entitled to undertake remedial works themselves once their right of occupation ends

Question 83

What is a Scott schedule?

Answer 83

1. If a dispute is not resolved and proceedings are commenced, the claim may be based on the Schedule of Dilapidations prepared by the claimant’s surveyor
2. A Scott Schedule is used to compare the claimant’s input with the defendant’s response
3. Described by the Technology and Construction Court as a table in which the claimant’s case is set out item by item in the first few columns and the defendant’s response in the adjacent columns

Question 84

What information would be contained within a Scott schedule?

Answer 84

1. Item number
2. Clause number breached
3. Details of breach
4. Remedial works required
5. Landlord’s comments
6. Landlord’s costs
7. Tenant’s comments
8. Tenant’s costs

Question 85

How would you establish the costs in claims for dilapidations?

Answer 85

Cost information can be obtained from:

1. Current BCIS data or other recognised price books (e.g. Spon’s), providing regional adjustments are applied
2. Relevant and recent tender price information
3. Consultation with a contractor

Question 86

What documents would you examine prior to preparing a Schedule of Dilapidations?

Answer 86

1. Lease
2. Schedule of condition (including photos)
3. Inventories
4. Scaled plans
5. Licenses or other consents for alterations
6. Fit-out specifications
7. Side letters or other written agreements

Question 87

What is the significance of Section 18 of the Landlord and Tenant Act?

Answer 87

Section 18(1):

1. Diminution valuation - for repairs, the landlord cannot claim for more than the difference in market value between the existing condition and the condition when repaired
2. If the landlord is going to demolish the building or make structural alterations that would render any repairs valueless, then the tenant will not have to pay

Question 88

What are the implications of Section 146 of the Law of Property Act 1925?

Answer 88

1. Warns a tenant who is in breach of a covenant (not relating to paying rent) of the landlord’s intention to forfeit the lease
2. The notice must specify the breach complained of and if the breach is remediable, require the tenant to remedy it
3. Allows the landlord to recover from the tenant the costs and fees incurred following the serving of a Section 146 Notice

• NB: additionally, a clause is often written into leases allowing the landlord to recover from the tenant costs in the preparation and service of a schedule of dilapidations

Question 89

What amendments to dilapidation procedures were brought about by the Woolf reforms?

Answer 89

The Woolf reform ‘Access to Justice Report’ (1996) focused on avoiding litigation and promoting settlement between parties at dispute, and essentially gave rise to the Civil Procedure Rules (CPR)

Question 90

What effect do the Civil Procedure Rules have on dilapidations procedures?

Answer 90

1. Introduced in 1999, the CPR are a series of rules that aim to encourage parties to avoid litigation by arriving at a settlement, thus reducing the number of cases going to court and saving expense and time
2. Encourages the parties to exchange full information before proceedings are issued so everyone has a full indication of the case made against them
3. Gives powers to judges to impose sanctions on a party whom they deem to have behaved unreasonably before or during the litigation, even if that party wins the claim (e.g. may make the winner pay some or all of the loser’s costs)

Question 91

What is the PLA Protocol?

Answer 91

For dilapidation claims at the end of a tenancy, the PLA (Property Litigation Association) Protocol aims to address the objectives of the CPR by setting out the conduct the courts expects the parties to follow before commencing proceedings, such as timescales for the exchange of information and standards for the content and quality of schedules of dilapidations and quantified demands

Question 92

What is a ‘quantified demand’?

Answer 92

A document that enables the tenant to understand the full extent of the landlord’s claim for damages at the end of the tenancy

Question 93

What items would you expect to see within a ‘quantified demand’?

Answer 93

1. Cost of repair works
2. Loss of value of the property
3. Loss of rent and service charge
4. Insurance
5. Security
6. Utilities
7. Cleaning
8. Fees (e.g. professional/legal)

Question 94

What are the requirements for a ‘quantified demand’ in relation to the PLA Protocol?

Answer 94

The PLA Protocol states the quantified demand must:

1. Fully substantiate the claim
2. Should be sent to the tenant within 56 days of terminating the lease
3. Specify a date for the tenant’s response (usually 56 days after receiving the quantified demand)
4. Not include items of work that are likely to be superseded by the landlord’s intentions for the property
5. Be prepared in accordance with the principles set out in the RICS ‘Dilapidations’ Guidance Note

Question 95

What is the result of serving a Schedule of Dilapidations?

Answer 95

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Question 96

How would you go about carrying out a Schedule of Dilapidations?

Answer 96

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Question 97

What can be claimed for in a Schedule of Dilapidations?

Answer 97

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Question 98

What might you expect to find in a landlord’s claim served after the end of a 25 year lease?

Answer 98

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Question 99

How would you limit a dilapidations claim being made?

Answer 99

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Question 100

In an interim schedule and in relation to Section 5.1 of the 1938 Act, what are the factors that affect whether or not an item should be included?

Answer 100

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Question 101

What criteria will determine if there is a need to carry out a repair on a property?

Answer 101

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Question 102

Following the preparation of an interim schedule, you notice unauthorised alterations made by the tenant during the term. How would you advise your client?

Answer 102

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Question 103

What is a lease?

Answer 103

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Question 104

What covenants are commonly found in a lease?

Answer 104

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Question 105

How can a tenancy be brought to an end?

Answer 105

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Question 106

What is a FRI lease?

Answer 106

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Question 107

How would you advise a Landlord with a tenant in occupation who has 6 years to run on a 25 year FRI lease and who has not been looking after the premises?

Answer 107

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Question 108

A property held under a 99-year FRI lease and now in the last 3 years of the term develops a defect in the foundations, which requires underpinning. What factors will affect whether the Landlord can recover the cost from the tenant?

Answer 108

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Question 109

What is the significance of the Leasehold Repairs Act 1938?

Answer 109

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Question 110

When is a tenancy classed as a business tenancy?

Answer 110

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Question 111

Explain how the Landlord and Tenant Act 1954 protects business tenancies.

Answer 111

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Question 112

How would you define the term ‘disrepair’?

Answer 112

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Question 113

Outline an important case relating to a Landlord’s breach.

Answer 113

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