L&T Basic Stuff

Question 1

Section 23
(6)

Answer 1

To gain protection under the act there must be a business tenancy:
1. That is a tenancy
2. Premises is used for a business
3. Occupation of at least part of the property by a tenant
4. Occupancy of more than 6 months
5. Not be an exempted tenancy (e.g. at will)
6. Competent LL (FH or T with 14 months remaining)

Question 2

Section 24

Answer 2

Tenancy, which act applies to, doesn’t end because of time but only when one party serves notice –> holding over if no notice served

Question 3

Section 25

Answer 3

LL serves notice to T 6-12 months before lease termination.
Can either be hostile or non-hostile.

Question 4

Non-hostile

Answer 4

If LL wants to grant new lease, will serve this.
Outline terms of lease and new rent.

Question 5

Hostile

Answer 5

If LL wants T out serve a hostile S25 notice , with a S30 ground for reason of removal

Question 6

Contents of a S25 notice
(5)

Answer 6

• Name and address of LL and T
• Property address
• Notice of date to end tenancy –> confirmation of new lease or not –> date response required by
• If non-hostile new proposed terms
• If hostile s.30 reason

Question 7

Section 26

Answer 7

T can serve notice requesting a new tenancy 6-12 months before lease end.

Question 8

S26 notice contents
(2)

Answer 8

• State new lease terms and rent
• If L opposes then counter notice to be served within 2 months

Question 9

How soon does a counter notice if LL opposes T’s new terms need to be served?

Answer 9

2 months

Question 10

Section 27

Answer 10

Notice to be served any time by T if they want to leave after expiry date (3 month notice)
If T moves out before expiry date then no notice if property is vacant.

Question 11

Section 30: Grounds for refusal of a new lease
(7)

Answer 11

Discretionary (court will decide if reasonable)
1. Breach of repairing covenant
2. Persistent delay in paying rent
3. Other substantial breach
4. Provide suitable alternative accommodation
5. Uneconomic sub-division

Mandatory
6. Demolition/Reconstruction (show firm intention)
7. Owner Occupation (LL must have owned for at least 5 yrs)

Question 12

S30 Mandatory compensation payable

Answer 12

1xRV if less than 14 yrs
2xRV if more

Question 13

1995 LTA introduced

Answer 13

AGA - authorised guarantee agreement
abolished privity of contract for new leases as of 1/1/96

Question 14

1988 LTA introduced

Answer 14

cannot be unreasonably witheld

Question 15

AGA what is it?

Answer 15

Outgoing tenant must guarantee the lease covenant of the incoming tenant - can only go one position

Question 16

What is privity of contract?

Answer 16

LL can sue up the chain