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RICS APC 2023 - My SoE > Landlord And Tenant > Flashcards

Landlord And Tenant Flashcards

1
Q

Why would you advise your client to have a FBT for a period of less than 2 years?

A

Because they are able to serve notice at anytime and get vacant possession within 12 months

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2
Q

How would you terminate a 5 year FBT early?

A

A break clause to provide for the L or T to end the tenancy early
Serve a notice to quit under section 6 of the ATA 1995

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3
Q

What happens if the LL has not served a notice to quit on an FBT after the term expires

How do you end this?

A

It becomes an annual periodic tenancy which will renew each year.
Must serve notice to quit with minimum 12 months to gain vacant possession

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4
Q

What must a section 6 notice under ATA 1995 be?

A

In writing
Take effect at the end of the year of the tenancy
Give at least 12 months notice

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5
Q

When must an FBT be drawn up by a solicitor?

A

If it is for a term longer than 5 years as allowed by my PI insurance

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6
Q

How would you ensure that an FBT remains agricultural use

A

Serve a section 1(4) notice prior to the commencement of the tenancy to confirm that the character of the tenancy was wholly or partly agricultural

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7
Q

What are the rent review provisions under the ATA 1995

A

A notice under s10 of the 1995 Act
Review date must be longer that 12 months but no more than 24 months away
The review date must be at least 3 years after any previous rent review

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8
Q

What sections of the L&T 54 Act can you contract out of?

Whatdo these sections provide for?

A

Sections 24 to 28 - provide for continuation and renewal of tenancies

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9
Q

How is rent calculated under an AHA

A

Productive capacity of the holding

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10
Q

What act governs AST’s?

A

Housing Act 1988

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11
Q

Explain the section 21 notice.
Service, timings and purpose

A

Known as the ‘no fault’ eviction
Advise client to fill out form 6A
Cannot be served in first 4 months of tenancy
Must give minimum 2 months notice period from service
Only valid for 6 months

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12
Q

What does the Landlord need to do to ensure a s21 notice is valid?

A

Tenancy deposit rules followed
EPC
Gas safety certificate (if applicable)
How to Rent Guide

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13
Q

What documents are required at the start of a tenancy?

A

Electrical installation condition report
EPC
Gas Safety Certificate
Fire Safety
How to Rent Guide

Recommended - legionella testing, chimney sweep annually

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14
Q

What are the fire safety requirements for landlords
Legislation
Penalty

A

There must be a smoke alarm on every floor
A CO monitor in every room with a fixed combustion applicance (excluding gas cookers)
Smoke and CO alarms replaced if faulty

Smoke and Carbon Monoxide (amendment) Regulations 2022
Up to £5000 fine

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15
Q

What is the difference between an AST and an AT?

A

An AST gives the LL a right to regain possession after the initial fixed term given that they provide reasonable notice.

With an AT, the LL does not have this automatic right, and to gain possession the LL must use the mandatory or discretionary grounds stated in the Housing Act 1988 Schedule 2 - rent arrears, breach of tenancy, illegal use of the property

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16
Q

What are the grounds under Schedule 2 of the Housing Act 1988

A

Grounds for repossession (mandatory and discretionary)
8 mandatory - LL wants to move in, mortgage repossession, death of tenant
9 discretionary - (late payment of rent, breach of tenancy agreement, unlawful use)

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17
Q

What part of the Housing Act 1988 provides grounds for repossession? How many grounds are there? Where are they?

A

Schedule 2
17 grounds - 8 mandatory, 9 discretionary

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18
Q

What are some of the grounds a tenancy must meet to be an assured tenancy under the Housing Act 1988

A

High rateable value (rent higher than £100,000 p.a.)
Low rateable value (no rent is payable for a period)
Business premises
Licensed premises
Where house is part of agricultural holding- tenant is responsible for holding

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19
Q

How would you get a tenant out of a residential property if they are in the wrong?

A

Serve a notice under section 8 of the Housing Act 1988 (form 3)

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20
Q

How would you serve a section 8 notice under Housing Act 1988

A

LL to fill in Form 3 stating grounds for repossession under Schedule 2
At least 14 days notice must be given for delivery of notice

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21
Q

What is the renters reform bill?

A

It is currently going through parliament, and will abolish the section 21 notice but will introduce more comprehensive grounds for repossession including if the LL requires the dwelling for an agricultural worker, themselves, or a close family member)

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22
Q

When does the successions under AHA 1986 apply?

A

Tenancies commencing prior to 12th July 1984

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23
Q

What are succession rules under AHA where they apply?
Legislation

A

3 generations
2 successions allowed
Must apply for succession within 3 months of death of tenant
Close family members are eligible for succession - tenant able to name these
Part 5 of AHA - death or retirement of tenant

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24
Q

How often can the rent be reviewed on an AHA tenancy?

A

Every 3 years

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25
Q

How long would the tenure be on AHAs after 12th July 1984?

A

Lifetime security of tenure

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26
Q

What gives an AHA tenant rights to compensation at the end of their tenancy?

A

Schedule 7 - long term improvements
Schedule 8 short term improvements

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27
Q

What is an AHA tenant able to claim compensation for at the end of their tenancy?

A

Major long term improvements- erecting/altering buildings, repairs to fixed equipment
Short term improvements- mole drainage, manure fertiliser and soil improvers
Tenant rights- value of growing crops

LL can then claim for disrepair at cost of repair

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28
Q

What is the model clauses legislation

A

The Agriculture (Model Clauses and Fixed Equipment) (England) Regulations 2015

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29
Q

What date were the previous model clauses?

A

1973

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30
Q

What is the purpose of the model clauses?

A

Set out the LL and T obligations to maintain repair and insure fixed equipment

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31
Q

When do the model clauses apply

A

To AHA 1986 tenancies where the written agreement does not state responsibilities
The tenancy may provide for the version of the model clauses which are applicable

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32
Q

State some of the changes of the model clauses between 1973 and 2015

A

Landlord
- repair and replacement of electrical supply system (not sockets)
- Gas pipes
-Fire alarms and CO monitors
- Water drainage systems

Tenant
- Heat and power generation where solely used by T
- Roof tile replacement increased = £100 to £500
- Livestock handling systems
- Space and water heating systems

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33
Q

What are the cases for a notice to quit under an AHA?
Legislation

A

A- retirement at 65
B- non ag (outline planning)
C- certificate of bad husbandry
D- failure to comply with notice to remedy
E- irremediably breach of T agreement
F- insolvency
G- Death of T
H- ministry amalgamation

Schedule 3

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34
Q

Where are the Notices to Quit under AHA?

A

Schedule 3

35
Q

How do you get a T out of an AHA tenancy?

A

Serve a S25 notice on T
T serves counter notice within 1 month under S26(1)
First tier tribunal - considers s27(3) of the Act - sound management of estate, ag research, greater hardship, non-ag use

36
Q

What legislation is an FBT under? When is a tenancy an FBT?

A

Agricultural Tenancies Act 1995
1st September 1995

37
Q

What are the rent review provisions under an FBT?

A

Down to agreement
Maximum every 3 years
Cannot preclude reduction in rent

38
Q

What compensation is payable at the end of an FBT?
Legislation?
Agreement?

A

Under part 3 of ATA1995
For physical improvements with LL consent
Changes increasing the value of the holding (upper limit agreed- usually cost of installation)

39
Q

What is the case law in relation to lease/licence

A

Street v mountford 1985
Exclusive possession = lease, even if this is not the intention

40
Q

What would you do if the occupier at littlecote refused to give you access?

A

I would negotiate with them
Put a fence up
Seek legal advice & letter from solicitor

41
Q

What would you do if the grazier at the DIO depots wanted to graze horses

A

Advise a common law tenancy as this would not be for agricultural, or business purposes.

42
Q

How do you end a common law tenancy, and what terms should be included?

A

Expires at the end of its term without the requirement for a notice
Terms should include; user, improvements and dilapidations, rent review, break clauses.

43
Q

What were the details of the tenancy at longman drive

A

Business tenancy under the 54 Act
4.55Ha
60 year lease, RR every 7 years
Current rent £128,000

44
Q

What did you do in relation to the longman drive rent review?

A

Current rent = £128,000 p.a.
Used 3 comparables to review the rent - 1 very close, 2 fairly comparable
Advised client to increase rent by £24,000 to £152,000 p.a.

45
Q

What were the terms of short term FBT don’t need

A

6 months
38.72 Ha
6 months
Growing arable crops
Break notice - 1 month at any time
Independent expert ADR

46
Q

What were the terms of the Harworth estates FBT

A

Kilsby landfill site
2 years
£5933 p.a.
Break notice- 3 months written notice at any time
Independent expert
Schedule 1 - outlined holding field by field

47
Q

What is a licence?

A

A permission granted by the person holding the land for someone else to enter it or carry out other activity which would otherwise be trespass. It does not give exclusive possession.

48
Q

What is a tenancy?

A

A grant of an interest in the land. Giving exclusive possession to the Tenant.

49
Q

What information would you need to identify the tenancy? (54 Act)

A
  • Start date of agreement
  • Consideration passing & payment dates
  • Occupier (is this the person names on the agreement)
  • Use of the property
50
Q

When would a deed be required?
Who can prepare these?
What is the implication of a deed?

A

For FBT, CAAV & MRICS can prepare deed.

For all other agreements including Business Tenancies, a solicitor is required to prepare the deed if agreement exceeds 3 years.

A deed must identify itself as a deed and be signed with witnesses.

51
Q

Where would SDLT be applicable on a 54 Act tenancy agreement ?

What level and why?

A

If the term exceeds 7 years, the Tenant has the responsibility to pay SDLT.

Also where rent is above threshold of NPV capitalisation of rent.

SDLT payable at 1% or 2% depending on level or rent.

Seek accountant’s advice.

52
Q

What did you advise your client in relation to the licence at Littlecote Junction?

A

The neighboring residential homeowner was occupying land owned by my client as part of a pipeline junction.

I advised my client that they could either take steps to prevent access, or formalise the agreement.

Given that there were operational pipelines within the property, I advised that creating an agreement with the landowner would assist in creating positive relations.

53
Q

Summarise security of tenure under the 54 Act.

Usesections of the Act in your answer.

A

As per sections 24-28 of the Ace, a tenancy not contracted out will not come to an end unless by the service of relavant notices (s25 to 27) and by reasoning under s30(1) of the Act.

Should a Tenancy come to a close, compensation will be payable

54
Q

What legislation governs business tenancies?

A

Part II of the Landlord and Tenant Act 1954

55
Q

Show the process and rights for T is a tenancy is granted within Part II of L&T 54 Act

A
  1. The contractual term comes to an end
  2. The Tenant has rights to continue the tenancy on the same terms
  3. Upon the service of notices, the Tenant may have the right to renew their tenancy on the same terms, but at market rent.
  4. If the renewal is not permitted, they will be due compensation.
56
Q

What would you look for to identify a L&T 54 Act Tenancy

A
  • Start Date
  • Occupier (is it tenant)
  • Use of the property
  • Consideration passing (and payment dates)
57
Q

What are the tax implications of a business tenancy

A

The tenant may be liable to pay SDLT if the term exceeds 7 years or in some circumstances depending on the capitalisation of the NPV of £1.

I would seek accountants advice on this matter.

58
Q

What is the case law associated with lease and licence

A

Street v Mountford [1985]

59
Q

In what circumstances would a tenancy at Will be appropriate?
Details of agreement?

A

Where the term is very short (2/3 months). There are specific requirements when drafting a tenancy at will including the fact that break clauses and term cannot be mentioned.

60
Q

In what circumstance does part II of the L&T 54 Act automatically not apply?

A

If the term is for less than 6 months certain and there is no intention of continuing the agreement following this.

61
Q

What sections of the L&T 54 Act apply to security of tenure (General)

A

Sections 24-28

62
Q

What are the relevant sections and purposes of the L&T 54 Act in terms of security of Tenure ?

A

s23 - Security of tenure if - Tenancy, occupied by tenant for bussiness purposes
s24 - Right to Renew
s25 - LL seeks to renew or terminate
s26 - T seeks to Renew
s27 - T seeks to end
s28 - Agreement by L&T that where renewed on agreement, the act will not apply.

63
Q

Notice served by LL for L&T 54 Act?
What are the requirements?

A

s25 Notice

  • 6-12 months before termination date
  • Termination Date = no earlier than tenancy would naturally end if not protected by the Act
  • Prescribed form
  • Qualifying Landlord (s44) i.e. is the owner and has the right to let out the land.
64
Q

What are the notices served by a Tenant under the L&T 54 Act?

A

section 26 - Renew
section 27 - Terminate

65
Q

What is the process for contracting out of the L&T 54 Act provisions?

A

The landlord must serve a warning notice to the Tenant prior to the commencement of the tenancy.

If over 14 days - prescribed notice and simple declaration

If under 14 days - Statutory Declaration witnessed by independent solicitor.

66
Q

What are the 3 requirements for a T being contracted out of the 54 Act ?

A
  • Prescribed Warning Notice signed
  • Fixed term (years certain)
  • T has sworn declaration
67
Q

What are the grounds for termination of statutory tenancy under 54 Act?
Legislation?

A

Application to court under s29(2) 7 grounds defined in section 30(1)

a - T failed to comply with maintanance/repair
b - T persistently late paying rent
c - Substantial breach of T agreement

d - suitable alternative accomodation
e - subletting, and LL wants to re-let as a whole
f - LL intends to re-develop
g - LL intends to occupy

68
Q

What is the process for a rent review under the L&T 54 Act?

A

Largely dictated in the tenancy agreement, however there are a few assumptions and disregards which should be made sich as;

assumptions - term is the same as term left on tenancy (repayment of fitting out costs), readiness for use

disregards - Occupation and goodwill, alterations decreasing rental value

69
Q

When is compensation payable upon termination under L&T 54’ Act and what is the relevant legislation?

What level of compensation

A

When the tenancy is terminated under grounds e, f, g
- Subletting & renewal as whole
- LL intends to develop
- LL intends to occupy

s37 defines amount of compensation
1x rateable valuse
2x rateable value if occupied for over 14 years

70
Q

What is the allowances for end of tenancy compensation under L&T 54’ Act
Whatis the legislation?

A

Provisions outlined in Landlord and Tenant Act 1927 s.1.

Compensation is payable for improvements which the tenant had made to the property during occupation.

Some requirements i.e. cannot be something the tenant is contractually required to remove.

The amount payable is addition in value of the property as a result of improvement/ carrying our improvement now minus works to get building to good state of repair.

71
Q

What is a tenancy at will?

A

A tenancy of indefinite term which can be entered into quickly with an understanding from each party that the agreement could be terminated at any time.

+ = LL shows occupier that they have no long term interest

  • = No secure period of rent
  • = Rish of L&T54 act if intention of TaW questioned
72
Q

What are the 3 components of a lease according to street v mountford?

A

Rent, for a term with Exclusive Posession

73
Q

What year is street v mountford?

A

1985

74
Q

What is the difference between a lease and a tenancy?

A

A lease is for a long period and generally for commercial property.

A tenancy is usually month to month and for a residential property

75
Q

What legislation is applicable when LL wishes to apply to court to terminate 54’ Act Tenancy?

A

Application to court under s29(2) 7 grounds defined in section 30(1)

76
Q

What does section 24 of L&T 54’ Act provide for ?

A

Continuation of tenancy

77
Q

What is the relevant area of the AHA 1986 which provides for succession?

A

Part 5

78
Q

What notice would you serve to terminate an FBT?

A

Section 6 notice

79
Q

What is the relevant section of the ATA1995 which provides for end of tenancy compensation?

A

Part 3

80
Q

What notice would the tenant on an FBT serve for a rent review?

A

Section 10 - same as LL

81
Q

What is the legislation surrounding TDS?

A

The Housing (Tenancy Deposits) (Prescribed Information) Order 2007

82
Q

What would you expect the tenant to be responsible for?

A

Pest Management (as long as not structural)
Unblocking drains (as long as not structural)
Clearing gutter

83
Q

In what circumstances can a tree be cut down in bird nesting season?

A

If the tree surgeon has inspected it and there are no nesting birds

84
Q

AHA tenant careful use?

A

Under Model clauses, the tenant is required to use parts carefully to prevent damage and immediately report in writing any damage to the LL

RICS APC 2023 - My SoE (9 decks)

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