L&T Flashcards
Level 1 Tell me about your understanding of the LTA 1927/LTA 1954/Landlord & Tenant (Covenants) Act 1995/LTA 1988
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Level 1 Tell me about a key lease clause you are aware of
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Level 1 Tell me about your understanding of the Code for Leasing Business Premises.
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Level 1 Tell me about how you would summarise a lease and what terms you would be looking out for.
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Level 1 What is the Regulatory Reform (Business Tenancies) (England & Wales) Order 2003
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Level 1 How does the role of an expert witness change from when you are negotiating
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Level 1 What is an arbitrator
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Level 1 How does an arbitrator and expert role differ
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Level 1 How would you establish the relevant third party procedure for a rent review
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Level 1 What is the difference between the hypothetical lease at a rent review and lease renewal
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Level 1 What is PACT
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Level 1 How do in and out of Court PACT differ
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Level 1 What is a break clause
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Level 1 Tell me about your understanding of notices under the LTA 1954. Tell me about your understanding of interim rent.
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Level 1 Tell me about your understanding of the Court procedure at lease renewal. What are the Civil Procedure Rules
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Level 1 What are the Jackson Reforms
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Level 1 Can you serve a Calderbank offer at a lease renewal
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Level 1 What is compensation for disturbance
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Level 1 What does Section 34 relate to in a lease renewal
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Level 1 Why would you contract out a lease
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Level 1 What does Section 18 mean in relation to the LTA 1927
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Level 1 How would you contract out a lease
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Level 1 Tell me about the LTA 1954 in relation to contracting out a lease. What are the Section 30 grounds under the LTA 1954
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Level 1 What time limits apply in relation to lease renewal notices
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Level 1 When would you recommend that a landlord/tenant serves notice in a LTA 1954 renewal
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Level 1 What does Section 40 of the LTA 1954
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Level 1 What tenancies are covered by the LTA 1954
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Level 1 What is the difference between a lease and a licence
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Level 1 Tell me about the terms of a new lease in relation to a contracted in lease renewal
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Level 1 How can a tenant quit a contracted in lease
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Level 1 What does subject to contract/without prejudice/without prejudice save as to costs mean
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Level 1 What does time of the essence mean
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Level 1 What is the valuation date at lease renewal
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Level 1 When do notices need to be served at rent review
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Level 1 What are the different types of rent review
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Level 1 What is a rent review assumption/disregard
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Level 1 Give me an example of a typical assumption/disregard
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Level 1 Can you challenge an experts determination
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Level 1 Can you chalebne an arbitrators award and if so under what grounds
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Level 1 What is the presumption of reality
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Level 1 Tell me about one example of rent review/break option/lease renewal case law you are aware of.
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Level 1 What is a turnover rent
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Level 1 Tell me about your understanding of fitted assumptions
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Level 1 Tell me about your understanding of a fitting out rent free period
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Level 1 What RICS guidance relates to the use of comparables
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Level 1 What does the RICS say about conditional fee agreements when proceeding to third party as an expert witness
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Level 1 What does disclosure mean in relation to a lease renewal
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Level 1 How would you deal with post-dated rent review evidence
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Level 1 How would this differ at lease renewal
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Level 1 Talk me through your understanding of the RICS guidance on dilapidations. What is the dilapidations protocol
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Level 1 What timings apply to a dilapidations claim
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Level 1 What is PDPAC
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Level 1 What is quantified demand
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Level 1 What is a diminution valuation
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Level 1 What legislation relates to diminution valuations
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Level 1 What documentation do you need to consider in relation to a dilapidations claim
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Level 1 Why and when would you recommend one/each of these
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Level 1 What is supersession
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Level 1 How should you respond to a dilapidations claim
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Level 1 When would you consider ADR or litigation
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Level 1 Can you use a Part 36 offer in a dilapidations claim
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Level 1 What is included on a settlement agreement
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Level 1 What is alienation
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Level 1 What is the role of an expert witness
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Level 1 How does an advocate differ from an expert witness
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Level 1 What is an expert
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Level 1 How much does it cost to submit an RICS DRS application
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Level 1 What is a Calderbank offer
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Level 1 What is a Part 36 offer
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Level 1 What is a hypothetical lease
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Level 1 What is a geared rent
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Level 1 What is a Scott Schedule
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Level 1 What would you find in a schedule of dilapidations
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Level 1 What types of landlord’s schedules exist
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Level 1 What remedies exist for dilapidations during the lease term
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Level 1 How can you settle a dilapidations dispute
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Level 1 What is an offer to settle
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Level 2 Tell me about an instance of when you have reflected market conditions on rental value.
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Level 2 How do you collate, analyse and adjust comparable evidence
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Level 2 What is the hierarchy of evidence
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Level 2 Tell me about a landlord & tenant negotiation you have been involved with. Tell me about a contracted out lease renewal you have dealt with.
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Level 2 How would you advise a tenant differently between a contracted in and contracted out renewal
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Level 2 At West London, explain the review basis. How did you check if time was of the essence
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Level 2 How did you agree floor areas and why was this important
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Level 2 How did you apply GN60
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Level 2 How did you assess the evidence to advise on MR
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Level 2 How did this reflect the hypothetical lease terms
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Level 2 How did specification affect value
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Level 2 How did you advise on negotiating strategy given the potential for an increase
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Level 2 How did you document the review
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Level 2 What figure was agreed and what was this based on
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Level 2 At Milford on Sea, explain how you checked if the lease had security of tenure. How did this affect the renewal
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Level 2 Why did you aim to agree a 15 year term was this realistic
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Level 2 Explain your advice on MR and lease terms.
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Level 2 Why did you advise on a S25 what terms were included? Did you consider a hostile notice?
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Level 2 What happened next?
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Level 2 How did you negotiate agreement?
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Level 2 How were the lease terms modernised?
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Level 2 How did you advise on interim rent?
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Level 2 What timings related to the notice?
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Level 3 Tell me about a challenging landlord & tenant case you have dealt with.
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Level 3 Tell me about when and why you have served a Calderbank offer or other offer to settle.
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Level 3 Tell me about an example of when you have assisted with the third party process.
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Level 3 a third party application? What are the advantages and disadvantages you have pointed out to clients in relation to third party procedures?
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Level 3 How could MEES impact upon your advice on a landlord & tenant case? At Solihull, how did you advise on the underlease renewal?
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Level 3 Why did you propose similar new tenancy terms?
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Level 3 How did your strategy take account of the fact that MR was below the passing rent? What did you agree?
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Level 3 How did your comparables support your advice?
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Level 3 How did you deal with any superior consents required or the terms of the headlease? Why did the new lease complete after the o/s last quarter of rent was paid?
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Level 3 At Watford, what were the terms of the review? What was the third party basis?
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Level 3 Why was time not of the essence? How did Covid-19 affect your advice? How did this affect your inspection?
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Level 3 Explain your advice on MR based on the comparables. Explain your negotiation strategy.
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Level 3 What did you include in your notice? Why did you serve a Calderbank?
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Level 3 Was this legally binding?
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Level 3 How did this protect Why did you recommend submitting a DRS 1?
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Level 3 Explain the 3rd party process. How were costs apportioned?
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Level 3 What role did you act in at third party? What was the result?
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Level 3 Did you need to Calderbank on costs? Why was your case successful?
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Level 3 What was the new rent and how was this documented?
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Level 3 Could it be challenged?
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