Landlord And Tenant

Question 1

Competent landlord?

Answer 1

Has to have owned the property for atleast 5 years in order to gain possession

Question 2

Section 29 of landlord and tenant act

Answer 2

The courts can grant a new tenancy under s29 and will determine -
- the property comprised
- the rent (assumptions and disregards) [the judge would call upon expert witness]
- the length of lease

Question 3

Section 30

Answer 3

Hostile notice
A) repairs
B) rent
C) breach
D) suitable accommodation

No fault grounds :

E) Building let as whole would produce higher rent than from separate lettings
F) redevelopment
G) LL wants himself (has to be LL for 5 years)

Question 4

Compensation if no fault grounds

Answer 4

Under 14 years x1 rateable value
14 years and over x2 rateable value

Question 5

How do you know from a LL perspective if the tenant has carried out works of improvement which are meant to be disregarded?

Answer 5

Should be a LTA (means LL cannot be unreasonable)

Question 6

With rent reviews we have Calderbank offers, what is the equivalent in a lease renewal?

Answer 6

Part 36 offer

Question 7

How long would a landlord have to wait until to forfeit lease if the tenant failure to repair?

Answer 7

6 months

Question 8

What are the three types of dilapidations?

Answer 8

1. Interim schedule of dilaps (served 3 years more left to run)
   2.Terminal schedule (served last thing years of the term)
2. Final schedule (after expiry of lease can include cost of loss rent while repairs being carried out)

Question 9

What clause has to be in the lease for LL to be able to enter premise to carry out repairs?

Answer 9

Jarvis and Harris clause

Question 10

Schedule of conditions?

Answer 10

Detailed recording of a property condition which is usually retained to use as a future time to establish the previous condition of property

Question 11

What happens if the tenant is in breach of their lease repairing obligations?

Answer 11

Serve a section 146 notice of the Law of Property Act 1925.

• the tenant must remedy the breach within 6 months otherwise risk their lease being terminated

Question 12

What to do if a tenant is struggling with paying rent?

Answer 12

1. Find out why they aren’t paying
2. Request company accounts
3. Speak to landlord about payment agreement - free period/monthly rather than quarterly

Question 13

What to do if tenant is intentionally not paying rent?

Answer 13

1. CRAR
2. Rent deposit draw down
3. S17 - reach out to guarantor (within 6 months)
4. Statutory demand
5. Court proceedings
6. Forfeiture

Question 14

What does the LL and T covenants Act 1995 lay out?

Answer 14

Privity of contract -

Assignor of whole premises is released from T’s covenants under section 5.

Section 16 entitles L to require an AGA.

Question 15

If a tenant is holding over and inside the 54 act?

Answer 15

If tenant goes 1 day over, they have to give 3 months notice to expire at any time

Question 16

Section 17 of the Landlord and tenant covenants act 1995?

Answer 16

This is where the landlord can serve on the guarantor within 6 months of missed rent to recover arrears

Question 17

What’s in the rent review clause?

Answer 17

• trigger notice can be served by landlord or by the tenant
• bases of value (Open Market value or RPI)
• means of settling disputes when the T and LL can not agree on the new rent

Question 18

Difference between arbitrator and independent expert?

Answer 18

Arbitrator
- has to be between the two offers of LL and T
- ruled under the arbitration act 1996 (based purely on the evidence presented)
- arbitrator cannot be sued for negligence
- some right of appeal

Independent expert
- goes off their own evidence and experience, could come to their own rent figure
- not governed by law, bound by terms of lease
- no right of appeal
- can be sued for negligence

Question 19

What is the name given to a schedule of dilaps when it goes to court?

Answer 19

Scott schedule

Question 20

Outline the landlord and tenant act 1927?