End of Tenancy Compensation Flashcards
What are the Heads of Claim for AHA tenancy compensation?
- Tenant Right Matters
- Long Term Improvements (consent req)
- Short term Improvements (no consent req)
- Disturbance
AHA: What is covered under Tenant Right Matters?
Concerns any growing or harvested crops left on the land.
Manurial values.
Valued at the Value to an Incoming Tenant
AHA: What are Long Term Improvements? How are they compensated?
Includes erecting buildings, improving roads etc. etc. Landlords consent must have been given
Valued at - increase in attributable to improvement of value of the holding, having regard to the character and situation of the holding and the average requirements of tenants reasonably skilled in husbandry.
Typically value is value of the improvement written down to £1 over useable life of improvement.
AHA: What are Short Term Improvements? How are they compensated?
These are generally acts of good husbandry, such as application of manure and fertiliser and the liming of land.
No Landlord consent needed.
Value is as to the incoming tenant
AHA: What are Short Term Improvements? How are they compensated?
These are generally acts of good husbandry, such as application of manure and fertiliser and the liming of land.
No Landlord consent needed.
Valued at the Value to an Incoming Tenant
AHA: What is disturbance, how is it compensated?
Only applies in case A or B notices to quit.
Compensation is:
* 1-2 years rent
* Case B = 6 years
AHA: What are the Landlords Statuatory rights to compensation at end of tenancy?
Landlord to be compensated for
* dilapidation
* deterioration
* damage
to the holding and for anything in or on the holding caused by the Tenant’s failure to farm in accordance with the rules of good husbandry.
AHA When is a tenant entitled to compensation?
When either
- the landlord serves a notice to quit, and
- the notice does not specify any of cases C-G of Schedule 3 AHA 1986, and
- the tenant quits the holding in consequence of the notice,
The tenant will be entitled to compensation.
FBT Tenant - what rights does the tenant have to remove fixtures?
ATA 1995 gives tenant the right to remove:
1. Any fixtured affixed, whether for agriculture or not,
2. Any buildings erected by him on the holding
This is permitted at any time during the tenant or whilst in occpation
FBT: when is a fixture an improvement?
When permission from the Landlord is given
FBT what improvements are tenants entitled to compensation?
- Any physical improvement made on the holding by the tenant or
- Any intangible advantage obtained by the tenant, which is attached to the holding
No compensation for planning permission unless permission obtained in writing, and it is for the specific purpose consented for.
FBT process of end of tenancy claim?
No claim for compensation is enforceale until two months after the terminatoin ate of the tenancy - the tenant must give notice in writing of intention to make a claim.
What section of the AHA governs compensation?
Part V
AHA: Landlord Compensation - when is the landlord entitled?
Dilapidations - landlord entitled to compensation. Section 71.
Amount is cost of making good at the date of quitting, not to exceed the dimuniution in value of the landlords reversion.
What is a tenants fixture?
An object attached to the land. When the degree of annexation is such that it cannot be removed without damage to the land.
If consented, then is an improvement not fixture.
