L and T

Question 1

What notices need to be served to regain possession on a residential tenancy

Answer 1

AST – Section 21 (No Fault) Section 8 (Failure to pay rent/ misuse)
Rent Act – Schedule 15 Mandatory grounds (LL wants to live in the themselves. Discretionary Grounds (up to the court to decide)

Question 2

Relevance of Section 24 – 28 of the L&T Act 1954

Answer 2

Sec 24 – Security of Tenure provision
Sec 25 – LL notice to end the lease
Sec 26 – TT notice to seek a new lease
Sec 27 – TT notice to end lease
Sec 28 – Renewal of lease by agreement

Question 3

What are the repairing obligations under an FBT too an AHA

Answer 3

Model Clauses of Fixed Equipment Regulations 2015. Changes to the 2015 legislation is:
- Obligations for LL to repair electricity supply systems
- LL can recover one half of the costs from the TT
- TT no longer required to keep drains from obstruction

Question 4

How would you complete a review on an FBT vs AHA

Answer 4

FBT – Section 10 notice no less than 12 months no more than 12 months. Market comps
AHA – Section 12 notice, can’t be reviewed more than every 3 years. Take into consideration the character and situation of the holding. The relative earning capacity of the holding and productive capacity of the holding

Question 5

Define without prejudice and subject to contract

Answer 5

WoP – Discussion or correspondence can not be used in legal proceedings
StC – Neither party are bound to their word without a formal agreement being signed

Question 6

The difference with succession under a Rent Act 1977 and a Rent Agricultural Act 1976

Answer 6

1977 – has succession rights to a spouse civil partner or child
1976 – when the contract finishes the landlord can apply to the court and ask to regain possession if:
- Landlord provides suitable alternative accommodation
- Local authority provides suitable alternative accommodation
- Rent arrears or breach of tenancy
- Nuisance, annoyance, illegal or immoral use
- Deterioration in the condition of the property
- Deterioration of furniture
- Tenant has given notice to quit
- Tenant has assigned, sub-let, or parted with possession of the property without the landlord’s consent
- Property reasonably required by the landlord or a member of their family for occupation as a residence. The accommodation must have been purchased before 13 April 1976
- Tenant has charged a sub-tenant excess rent

Question 7

What Act governs an AHA and a FBT

Answer 7

Agricultural Holdings Act – 1986
FBT Agricultural Tenancies ACT – 1995

Question 8

What are the Notices to Quit can be served under an AHA

Answer 8

• Case A – Smallholdings where the tenant has reached statutory retirement age
• Case B – Planning consent for non-agricultural use
• Case C – Certificate of bad husbandry
• Case D – Non-compliance with notice to pay rent or notice to remedy a breach of the tenancy
• Case E – Irremediable breach
• Case F – Insolvency
• Case G – Death of the tenant
• Case H – Ministry amalgamations