L+T

Question 1

What is an fri lease

Answer 1

Full repair and insuring

Meaning that the tenants responsible for all repairs and insurance

Question 2

What is an IRI lease

Answer 2

Internal repairs and insurance

Tenants are only responsible for the internal repairs

Question 3

Four requirements of a lease

Answer 3

Exclusive occupation

Payment of rent

Duration of specific term

If more than 3 years, terms must be in writing and registered as a deed

Question 4

Main differences between a lease and license

Answer 4

A lease provides an occupier with an estate in the relevant land where as a license is just the right to use the land

A lease can be assigned where as a license is normally a personal right which cannot be assigned

A lease cannot be terminated unless there is a break clause where as a license can be revoked at any time

Question 5

What are the 7 grounds for opposition of a new lease

Answer 5

Breach of repairing covenant

Persistent delay in paying rent

Other substantial breach

Provide suitable alternative accommodation

Uneconomic subdivision (compensation payable)

Demolition or reconstruction (compensation payable)

Owner occupation (compensation payable)

Question 6

Section 25 notice

Answer 6

Given by landlord to tenant and can be hostile with no new lease granted or non-hostile with the grant of the new lease.

Has to be within 6-12 months until lease expiry

Question 7

Section 26 notice

Answer 7

Served by tenant on landlord within 6-12 months of lease expiry and it must state tenants proposal for a new lease.

If landlord rejects new lease a counter notice must be served within 2 months

Question 8

What does it mean to be inside of the landlord and tenant act 1954

Answer 8

Tenant benefits from right to renew their lease upon conclusion of term.

If it’s outside the act they do not enjoy this right and it’s usually beneficial for the landlord