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Landlord and Tenant > Landlord and tenant > Flashcards

Landlord and tenant Flashcards

1
Q

When do notices need to be served in a rent review?

A

A rent review can be triggered up to 6 months before the rent review day and anytime after. It is always important to read what the lease states.

Usually time if not of the essence, however is if is, it must be actioned within a timeframe, if it is not, the rights will be lost.

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2
Q

What is a turnover rent?

A

A tenant pays a reduced market rent plus a turnover rent.. which is an agreed % of the the tenants gross turnover.

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3
Q

What is geared rent?

A

Rent that is linked to the rent obtained or obtainable by the tenant from its undertenants.

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4
Q

What is an expert witness?

A

To provide the court or tribunal reach an informed decision by providing impartial expert opinion on matters which are in dispute.

  • an expert is acting for the court and not an advisor to either side
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5
Q

What is PACT?

A

Professional Arbitration of Court Terms

The process where some or all of new lease terms at renewal are delegated to an independent 3rd party.

Content from both parties is required

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6
Q

What is alienation?

A

The right granted in a lease to assign, sublet or share occupation of their property.

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7
Q

What is the hierarchy of evidence

A

1 - Open market letting
2- lease renewal
3- rent review
4- Independent determination
5- Arbitrator award
6- Sale and leaseback
7- Inter company lettings

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8
Q

What are requirements must a lease have?

A

1-Exclusive occupation
2- Payment of rent
3- Duration for a specific term

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9
Q

What makes a lease and licence different?

A

A lease has exclusive possession whereas a licence is merely a personal right to use the land.

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10
Q

What case law defines a lease V licence argument?

A

Street V Mountford (1985)

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11
Q

What are the four usual assumptions at rent review?

A
  1. Available to let on open market by willing tenant and a willing landlord for a term of years as stated
  2. Property is fit and available for immediate occupation and use
  3. All covenants observed by Landlord and Tenant
  4. Property may be used for purpose set out in lease.
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12
Q

What are the usual disregards at rent review?

A
  1. Any effect of goodwill on tenants occupation
  2. Ignore goodwill attached to the property
  3. Tenants improvements if landlord consent has been granted for the works.
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13
Q

What is section 24 of the 1954 Landlord and Tenant Act?

A

Where the Act applies, the lease will not expiry by effluxion of time but only when one party services a notice. This is called ‘ Holding over’

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14
Q

What is section 25 of the 1954 Landlord and Tenant Act?

A

Landlord’s notice to terminate the tenancy. It must be served more than 12 months and not less than 6 months before lease end date.

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15
Q

What is a hostile section 25 notice?

A

Where the landlord opposes a new lease on the grounds for opposition

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16
Q

What is a friendly ( non- hostile) section 25 notice?

A

Where the landlord is prepared to grant a new lease, the notice states the proposed terms and new rent

17
Q

What is section 26 notice of the 1954 Landlord and Tenant Act?

A

A notice the tenant serves to request a new tenancy. The notice must state a date which is not more than 12 months and not less than 6 months of making the request

18
Q

What is section 27 notice of the 1954 Landlord and Tenant Act?

A

Notice to be served by the tenant anytime if they want to leave with a 3 month notice after lease expiry date.

If the tenant wants to move our prior to lease expiry, no notice is needed - along as the property is vacant.

19
Q

What notice do you serve to recover arrears from a tenant?

A

A section 17 of the Landlord & Tenant ( Covenants) Act 1995

This can served on the former tenant or a guarantor within 6 months of the rent being due.

20
Q

Section 23 of the L&T 1954 Act

A

Application of the Act

21
Q

Section 24 of the L&T 1954 Act

A

Security of tenure provisions- holding over

22
Q

Section 24a of the L&T 1954 Act

A

Interim rent

23
Q

Section 25 of the L&T 1954 Act

A

Landlords notice to terminate

24
Q

Section 26 of the L&T 1954 Act

A

Tenants request for new lease.

Landlord has 2 months to respond, if they don’t, they lose the right to oppose. They can oppose the new terms

25
Q

Section 27 of the L&T 1954 Act

A

Tenants notice to leave, if they leave after expiry of the lease. 3 months minimum notice

26
Q

Section 28 of the L&T 1954 Act

A

Landlord and tenant agree lease and therefor tenant loses protection from the act.

27
Q

Section 29 of the L&T 1954 Act

A

Order by the court for new tenancy

28
Q

Section 30 of the L&T 1954 Act

A

Landlords oppositions ( the seven grounds)

29
Q

What are the grounds for refusal under section 30

A

A- breach of repairing covenant
B- persistent delay in rent
C- Other major breach
D- LL can provide suitable alternative accommodation
E- Uneconomic subdivision
F- Landlord wants to occupy - must have owned property for 5 years
G- demolition or reconstruction

30
Q

How much compensation is payable?

A

Under 14 years of occupation = 1 X RV
Over 14 years of occupation = 2 X RV

31
Q

What can be served at rent review

A

Trigger notice

32
Q

What are the assumptions at rent review?

A
  • the property is let on the open market between a willing tenant and landlord on the hypothetical term
  • the property is available for immediate occupation
  • the landlord and tenant covenants are observed
  • property may be used for the use set out in the lease
33
Q

What are disregards?

A
  • any goodwill attached to the property
  • any goodwill attached to tenants occupation
  • Tenants work if consent has been granted
34
Q

What is the hypothetical term

A

Length of the term to be valued - the lease can state this but if silent, assume the residue.

35
Q

What is time is of the essence?

A

Failing to exercise the right in the given time frame means you will lose that right.

36
Q

What is the leading case of Time is of the essence?

A

Scientific holdings V Burnley Borough Council

37
Q

What is a Calderbank letter?

A

A settlement offer and it must state saves as to costs without prejudice

38
Q

How many days does the opposite party have to accept a calderbank offer?

A

Minimum 21 days, however the offer should state this and it must be in writing.

Landlord and Tenant (1 decks)

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