Landlord and tenant Flashcards
When do notices need to be served in a rent review?
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.
What is a turnover rent?
A tenant pays a reduced market rent plus a turnover rent.. which is an agreed % of the the tenants gross turnover.
What is geared rent?
Rent that is linked to the rent obtained or obtainable by the tenant from its undertenants.
What is an expert witness?
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
What is PACT?
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
What is alienation?
The right granted in a lease to assign, sublet or share occupation of their property.
What is the hierarchy of evidence
1 - Open market letting
2- lease renewal
3- rent review
4- Independent determination
5- Arbitrator award
6- Sale and leaseback
7- Inter company lettings
What are requirements must a lease have?
1-Exclusive occupation
2- Payment of rent
3- Duration for a specific term
What makes a lease and licence different?
A lease has exclusive possession whereas a licence is merely a personal right to use the land.
What case law defines a lease V licence argument?
Street V Mountford (1985)
What are the four usual assumptions at rent review?
- Available to let on open market by willing tenant and a willing landlord for a term of years as stated
- Property is fit and available for immediate occupation and use
- All covenants observed by Landlord and Tenant
- Property may be used for purpose set out in lease.
What are the usual disregards at rent review?
- Any effect of goodwill on tenants occupation
- Ignore goodwill attached to the property
- Tenants improvements if landlord consent has been granted for the works.
What is section 24 of the 1954 Landlord and Tenant Act?
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’
What is section 25 of the 1954 Landlord and Tenant Act?
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.
What is a hostile section 25 notice?
Where the landlord opposes a new lease on the grounds for opposition
What is a friendly ( non- hostile) section 25 notice?
Where the landlord is prepared to grant a new lease, the notice states the proposed terms and new rent
What is section 26 notice of the 1954 Landlord and Tenant Act?
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
What is section 27 notice of the 1954 Landlord and Tenant Act?
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.
What notice do you serve to recover arrears from a tenant?
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.
Section 23 of the L&T 1954 Act
Application of the Act
Section 24 of the L&T 1954 Act
Security of tenure provisions- holding over
Section 24a of the L&T 1954 Act
Interim rent
Section 25 of the L&T 1954 Act
Landlords notice to terminate
Section 26 of the L&T 1954 Act
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
