Landlord and Tenant

Question 1

What is the difference between a lease and a licence?

Answer 1

Lease gives exclusive possession for a term, at a rent with longer leases creating an estate in land.

Licence gives permission to do something otherwise illegal. Personal arrangements not capable of being assigned.

Street V Mountford 1985

Question 2

What are the S.30 grounds for possession?

Answer 2

a) Breach of repair
b) Persistent delay in paying rent
c) Substantial breach
d) Suitable alternative accommodation
e) uneconomic subdivision
f) the landlord intends to demolish or reconstruct the property
g) owner intends to occupy

Question 3

What is the compensation to tenants if possession is obtained?

Answer 3

Under 14 years occupation = 1 x RV

Over 14 years occupation = 2 x RV

Question 4

What are the usual assumptions and disregards in a lease?

Answer 4

Assumptions

Disregards
- Tenants actual occupation
- Goodwill
- Improvements

Question 5

What lease clauses affect value?

Question 6

How can tactics affect service of notices in a lease renewal?