Landlord and Tenant Flashcards
What do you need to serve notice on an assured tenancy?
Provide the tenant with a notice to quit letter
Serve an AT6
Inform the council through a section 11
Enough reason for example more than 3 months in arrears
What makes a notice to quit valid?
Is in writing
Provides enough notice
Describes the subjects
Specifies the reason
Specifies the date for effect
Is clear and explicit to the tenant
What is a schedule of condition?
A record of the condition of the property and all fixed equipment before the commencement of a tenancy. This must be agreed between landlord and tenants
What terms may be in a commercial lease?
Type of property
Address
Parties involved
Type of business
Length of agreement
Repair terms
Lease renewal provisions
Types of commercial leases
Percentage lease
Gross rent lease
FRI - full repairing and insuring
What is a tenants amnesty
Opportunity for tenants to agree improvements with landlords in a formal agreement under the under the Land reform (Scotland) 2015 Act. This means they will be eligible for payment at waygo.
L&T must meet, list improvement, agree to improvements and formalise an amnesty document.
Applies to 1991 Act, SLDT, LDT
What is an assured tenancy?
Tenancy between 1989 and December 2017
What key sections are in a lease
Extent of property
Details or Landlord and Tenant
Rental rate
Lease duration
Any break clause
Any special stipulations
What is the repairing standard
A house must be wind and water tight
Structurally sound
Supplied with water, gas, electricity, sanitation, heating
Fixtures and fittings must be provided and working properly
What is the tolerable standard
Must not be damp
Must have ventilation
Electrics must be safe
Must have a fresh water supply
An indoor toilet
Good drainage
Fire and carbon monoxide alarms
What are the rules for rent increases in residential properties?
Must be given with 3 months written notice for residential
Rent can only be increased once a year
Must be fair and reflect landlord improvements and market rent
How does a tenant end a tenancy in a PRT?
For a PRT - minimum 28 days written notice
Grounds for eviction in a PRT?
Tenant not using it as full time home
Tenant has breached terms
Tenant is over 3 months arrears
Tenant has a relevant criminal conviction
Landlord wants to use the house as their own
Landlord wants a direct family member to move in
What is a PRT
Private residential tenancy. Brought in under the Private Rented Housing (tenancies ) (Scotland) Act 2016.
Came in to force in 2017
Is the most common
tenancy agreement in Scotland
What is the First Tier Tribunal (Scotland)
A tenant can go to the first tier tribunal if they are not given:
Written copy of tenancy terms
The landlord is not registered
What type of agricultural tenancies are there?
1991 Act, Short Limited Duration Tenancy (SLDT), Limited Duration Tenancy(LDT), Modern Limited Duration Tenancy (MLDT)
How long is a grazing agreement?
364 days
How long is a 1991 act
Minimum 25 years
How long is an MLDT
Minimum 10 years
How long is an SLDT
Maximum 5 years
How long is an LDT
5-10 years
What is a contract farming agreement?
A joint venture between two parties.
Farmer engages the contractor for machinery and staff. The farmer provides the land, buildings, fixed equipment and seed etc.
Terms include; length of agreement, operation of the contract and formula for remuneration to each party.
The farmer gets an initial fee and the contractor gets a basic fee usually of £/ha.
Benefits to the farmer - they avoid a tenancy, retain tax relief and benefit from economies of scale
What legislation sets the repairing standards?
The Housing (Scotland) Act 2006
What is the process for a 1991 Agricultural holdings Act rent review?
The party initiating the review
serves a rent review notice
2. The receiving party should
respond ASAP, either approving
the figure or objecting
3. The parties should meet on
farm no less than 6 months before
the review date
- The party initiating the review
should write to the other party
evidencing their proposal - The receiving party should
confirm agreement or submit a
counter-proposal - Alternative dispute resolution
should be introduced if parties
cannot reach agreement - If the dispute remains
unresolved, the proposing party
should apply to the land court to
have the rent formally determined
What key elements were
introduced by the Land Reform
(Scotland) Act 2016?
MLDT’S
- Tenant’s amnesty
- Changes to rent review process
Restrictions on Landlords
objections to assignation
- Notice of Landlord’s
improvements
Which act introduced Private
Residential Tenancies?
Private Housing (Tenancies)
(Scotland) Act 2016
What is the name of the tribunal
for Scottish property matters?
First-tier Tribunal for Scotland
(Housing & Property Chamber)
What special notice is served to a
tenant to enter a Short Assured
Tenancy?
AT5
Types of residential occupations?
Assured
Short assures
PRT
Service occupancy
What is a regulated tenancy?
Old English tenancy similar to AST
What is contained within the housing Scotland act 2006
Repairing standards
What regulations govern landlord registration
Private landlord registration (scotland) regulations
What legislation is applicable to the tenancy deposit scheme
Tenancy deposit scheme (Scotland) regulations 2011
Describe the letting process
Viewing
Back ground check
Offer
Deposit
Sign lease document
Keys to property
What is a property misdescription
1991 law against letting under false pretence
What is a fit out rent
The sum of £ per annum
What is a reverse premium
Induce the tenant to enter the lease or existing tenant to vary lease
What is the sale of a togc
Transfer of going concern
Selling a business and it’s assets
What are purchasers costs made up of?
Legal fees
Stamp duty land transaction costs
Mortgage fees
Property value
What is SDLT on a lease
Stamp duty land tax. Based on premium paid, rent amount and length of a lease
What is a tenants covenant
Tenants responsibility, terms etc
What is an alienation clause
Mortgage is to be paid off in full before title transfer
What Act introduced the Short
Limited Duration Tenancy (SLDT)?
Agricultural Holdings (Scotland)
Act 2003
What types of compensation
might be payable to the tenant at
termination of a 1991 Act
tenancy?
- Tenant’s improvements
- Disturbance
- Reorganisation of affairs
- Vacant possession
How long was the tenant’s
amnesty period intended to be
and when did it eventually end?
Three years. It started in June
2017 was due to end in June
2020. Due to COVID-19 it was
extended to December 2020.
What are the three main
categories of tenant’s
improvements?
Part I - Improvements For Which
Consent Required - ie new shed
Part Il - Improvements of Which
Notice Required - ie new fences
Part Ill - Improvements for which
no notice or consent required - ie clearing ditches
Name the Scottish tenancy term
dates:
Candlemas: 28 February
Whitsunday: 28 May
Lammas: 28 August
Martinmas: 28 November
How long must there be between
agricultural rent reviews?
3 years
What should a rent review notice
for an agricultural tenancy
include?
the names of both parties
- the address of the holding
- the current rent payable
- the rent the person serving
notice proposes
- the date at which the parties
must reach agreement (‘rent
payable date’)
- accompanying information
explaining the basis of calculation
for the rent proposed
When must a rent review notice
be served?
Not less than one year and no
more than two years prior to the
‘rent agreement date’
What factors should be regarded
in an agricultural rent review?
Open market rent i.e. other
holdings rental values
- The current economic
conditions in the relevant sector
- Any increase in rental value
resulting from use for non-
agricultural purpose
- Improvements carried out by the
landlord
How would you prepare a schedule of dilapidations?
Where a tenant hasn’t fulfilled their obligations and a property has deteriorated. A list would be prepared and tenant may be liable for cost of replacement
How would you value ten tonnes of grain at the year end?
By sale price x10
What happens if an AT5 is not
served prior to a Short Assured
Tenancy?
It becomes an assured tenancy
On what grounds can a landlord
evict an assured tenant?
Landlord wants the property to
be their own home
- Mortgage default
- Off-season holiday let
- Vacation Student let
- Minister or lay missionary
property
- Re-development
- Tenancy inherited under non-
eligible grounds
- Three months rent arrears
- Breach of tenancy condition
- Anti-social behaviour
- No longer an employee
In what circumstances could you
have a regulated tenancy?
- If it began before 1989
You have an agreement with a
landlord on the term and rent to
be paid
How can a landlord recover
possession on a short assured
tenancy?
Serve a two month notice under
section 33 of the Housing
(Scotland) Act 1988
What has changed in relation to
private tenancies during the
recent pandemic
The Coronavirus (Scotland) Act
2020 introduced additional
protection for private tenants,
including:
- Mandatory grounds for eviction
became discretionary
- notice periods were extended to
six months
- acceptable period of rent arrears
extended to six months
What is the purpose of serving a
formal agricultural rent review
notice?
It reserves the position of the
party to make an application to
the Land Court if agreement
cannot be reached. 1 year back
stop.
What are the 7 steps of an
agricultural rent review?
- The party initiating the review
serves a rent review notice - The receiving party should
respond ASAP, either approving
the figure or objecting - The parties should meet on
farm no less than 6 months before
the review date - The party initiating the review
should write to the other party
evidencing their proposal - The receiving party should
confirm agreement or submit a
counter-proposal - Alternative dispute resolution
should be introduced if parties
cannot reach agreement - If the dispute remains
unresolved, the proposing party
should apply to the land court to
have the rent formally determined
When must a rent review notice
be served?
Not less than one year and no
more than two years prior to the
‘rent agreement date’
