Landlord and Tenant Flashcards
What are the LL options for a breach in repair obligations by the T?
- Forfeiture
- Exercise Break Clause
- Right to enter property to carry out works
- Dilapidations at the end of the tenancy
Difference between Lease and Licence?
A licence provides someone with a permission to make use of the land and can be terminated at any time.
A lease provides exclusive possession over property/land, for a fee and a specified term. It gives the occupier an estate in the land. Can’t be terminated until expiry (unless break clause)
Street vs Mountford 1985.
Key terms in Agricultural Leases?
Use of agriculture across majority or all of property.
The repairing obligations.
The rent.
The term.
What are The Agriculture (Model Clauses for fixed equipment) Regulations 2015?
The model clauses are a statutory set of rules setting out the repairing obligations of both the landlord and the tenant in AHA 1986 tenancies (or FBT’s if written into the agreement).
The most recent changes were made to take into account changes in technology (solar) and the increasing cost of works (I.e. tiles for tenant was £100 now £500). Main change was landlords responsibility for fixed wiring.
Landlord and Tenant Act 1954 - what is contracting out?
Contracting out is where the Landlord and Tenant agree under Section 38A to ‘contract out’ of the security of tenure provisions as set out in S24-28.
This can be done by mutual agreement at least 14 days prior to the signing of the lease, whereby the LL serves a ‘warning notice’ - and the T responds with a simple or statutory response outlining that they are aware of their rights being waived.
You mention that you served notice on a licensee - how did you do this?
I prepared Notice to Quit outlined in a simple letter to the licensee. Notifying them that the landlord required vacant possession of the land and the date by which this would be needed.
What options did you consider when issuing a Common Law Tenancy?
We considered FBT, licence or grazing agreement.
I would have used an FBT if there was a residential property involved - I also would have used an FBT if it was to be used for Agriculture purposes.
We chose not to use a licence or grazing agreement because it would have meant the repair obligations fell on the landlord. With common law we could put the responsibility for repairs on the Tenant.
What is the process for recovering arrears?
Initially I made it clear to the tenant that we needed the arrears paid by a certain date - setting up a payment plan to assist. After lack of response/inability to pay we submitted an application to the small claims court to recover the money. Once the defendant didn’t respond to the small court, they issues a county court judgement which remains with the defendant for 6 years minimum - unless they can pay back the outstanding amount.
What is a Deed of Surrender
A legally binding document allowing early termination of a lease. It sets out the obligations that the landlord and tenant must fulfil, prior to their interests in the property being extinguished.
What would be your rent review basis?
Either based on Index Linked (RPI) or Market Rent Based or Pre-agreed (i.e. stepped increase).
Current RPI - 347 (based on inflation)
What must you serve with an AST Agreement if the occupant is a farm worker / game keeper / estate worker?
A Form 9 Notice - stating that the agreement is an AST and is to remain an AST. This means that an Agricultural Tie can be made (AOC).
What must you serve at the beginning of an FBT?
A Section 1(4) Notice - stating that it is to remain a Farm Business Tenancy for AGRICULTURAL purposes.
