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RICS APC Rural 2024 > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

1
Q

Which Notice do you serve for a RR under an AHA 86 tenancy - 2

A

Section 12 - must be served 12 months in advance of the review date

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2
Q

What must a Section 12 Notice include for an AHA 86 tenancy - 4

A

Name of holding, landlord details, tenant details and date

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3
Q

Explain the Arbitration Act 1996

A

Rent is determined at the date it is payable not the date arbitration is awarded

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4
Q

What is the RR formula for an AHA 86 RR - 6

A

Assumed to be let to a competent tenant by a prudent willing LL
Terms of the tenancy
Character and situation of the holding
Productive capacity of the holding
Related earning capacity
Comparable lettings

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5
Q

When do you use the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973 - 1

A

When the tenancy agreement is silent to repairs - Not in Wales

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6
Q

What superseded the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973 - 1

A

Agriculture (Model clauses fixed equipment) (England) regulations 2015

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7
Q

Are the Model Clauses 2015 used when the TA is silent

A

Yes

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8
Q

Are the Model Clauses used if the TA mentions specific repairs

A

No - disregard Model Clauses

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9
Q

Which Model Clauses used if the TA references 1973 Model Clauses

A

1973 Model Clauses

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10
Q

Which Model Clauses are used if the TA references ‘1973 Model Clauses and future amendments’

A

Use 2015 Model Clauses

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11
Q

How would a LL serve a Notice to Quit on an AHA 86 tenancy - 2

A

By serving a S.25 notice giving 12 months notice

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12
Q

How would a tenant serve a counter notice to a Notice to Quit given by the LL in an AHA 86 tenancy - 1

A

By Serving a Section 26 notice

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13
Q

What is Case A in an incontestable Notice to Quit AHA 86 - 1

A

(Age) Retirement of smallholders at 65

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14
Q

What is Case B in an incontestable Notice to Quit AHA 86 - 2

A

(Barn) Non-ag use
LL must have PP or PD - LL must prove immediate requirement for land

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15
Q

What is Case C in an incontestable Notice to Quit AHA 86 - 2

A

(Crap Crops) certificate of bad husbandry
Not fulfilling responsibilities in accordance of good husbandry

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16
Q

What is Case D in an incontestable Notice to Quit AHA 86 - 2

A

(Debt) failure to pay rent
LL can serve this if T fails to pay rent within 2 months of receipt of a N2P

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17
Q

What is Case F in an incontestable Notice to Quit AHA 86 - 2

A

(Finance) insolvency of T
served if bankruptcy has been declared or a winding up order made

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18
Q

What is Case E in an incontestable Notice to Quit AHA 86 - 2

A

(Irremediable breaches) Breaches
E.g. Sub letting/assignment without LL consent, illegal uses

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19
Q

What is Case G in an incontestable Notice to Quit AHA 86 - 2

A

(Grave) Death of tenant
To be served within 3 months of notice of death

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20
Q

What is Case H in an incontestable Notice to Quit AHA 86 - 2

A

(HMRC) ministry of amalgamation
Must be given by a minister stating it is reshaping ag land

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21
Q

When do succession rights apply in an AHA 86 - 1

A

Only apply to tenant of ag holdings before 12th July 1984 - none after

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22
Q

How many successions are permitted - 1

A

Two successions

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23
Q

When must an application for succession be made under an AHA 86 tenancy - 1

A

Within 3 months after the date of death

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24
Q

What eligibility tests does a succession applicant have to pass AHA 86 - 3

A

Surviving close relative
Principle source of livelihood
Commercial unit test (being removed as of 01/09/2024)

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25
Q

What is a lease - 4

A

Have exclusive possession of a property
A contractual agreement
For a certain term
Rent payable

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26
Q

What is a licence - 2

A

A right to occupy
Doesn’t create a legal interest in the land

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27
Q

What does Street vs Mountford 1985 set out

A

Sets out the requirement of a lease (exclusive possession, certain term, rent)

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28
Q

What is the case which defines a lease

A

Street vs Mountford 1985

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29
Q

What does the Agriculture Act 2020 include - 4

A

Delinking and phasing out BPS
Setting up ELMS scheme
Improving productivity and increase technology
Changes to succession for AHA tenants

30
Q

Can an AHA to a company end

A

No - an AHA to a LTD company lasts in perpetuity

31
Q

What is an improvement to the holding - 2

A

An improvement must have written LL consent , it is an advantage to the holding that can’t be taken away e.g. fertiliser

32
Q

What is a fixture - 2

A

A fixture is an item affixed to the holding that can be removed or the LL can buy

33
Q

What are the qualifying conditions of an Agricultural Tenancies Act 1995 - 3

A

Must be granted on or before 1st September 1995
All or part of the land is farmed for the purpose of a trade or business
Character of the TA is wholly agriculture

34
Q

What notice is served for a RR in an ATA 1995 - 2

A

Section 10 - 12 months in advance

35
Q

What do you disregard in a RR of a ATA 1995 tenancy - 2

A

Disregard any increase in value due to tenants improvements
Tenant’s occupation is disregarded

36
Q

How does an FBT with a fixed term of 2 years or less end - 1

A

By the effluxion of time

37
Q

How does an FBT with a fixed term of 2 years or more end - 3

A

It doesn’t - it continues as a rolling yearly tenancy on the same terms

38
Q

What notice can you serve to end an FBT

A

Section 5 giving 12 months notice

39
Q

Do you use the 2015 Model Clauses in an FBT

A

Only if the TA mentions them

40
Q

When do you use the 1973 Model Clauses in an FBT

A

if the FBT states no amendments to the 1973 regs

41
Q

How do you contract out Landlord & Tenant act 1954

A

LL must serve declaration on the tenant (simple or statutory)

42
Q

Which Sections of the LTA 54 relate to secuirty of tenure

A

Sections 24-28

43
Q

What notice can the LL serve to negotiate a new lease under the LTA 54

A

Section 25

44
Q

What notice can a tenant serve to request a new lease under the LTA 54

A

Section 26

45
Q

What notice can a tenant serve to quit under the LTA 54

A

Section 27

46
Q

What notice can be served to negotiate a lease renewal by agreement under the LTA 54

A

Section 28

47
Q

What does a Section 30 state under the LTA 54

A

Grounds for opposition to a new TA by the LL

48
Q

Which grounds for opposition (S. 30) under the LTA 54 are discretionary - 4

A

A, B, C, E

49
Q

Which grounds for opposition (S. 30) under the LTA 54 are mandatory - 3

A

D, F, G

50
Q

What does Section 31 state under the LTA 54

A

Dismissal of an application for a new TA where LL successfully opposes

51
Q

What does Section 32 state under the LTA 54

A

Property to be comprised in the new TA

52
Q

What does Section 33 state under the LTA 54

A

Duration of the new TA

53
Q

What does Section 34 state under the LTA 54

A

Rent under the new TA

54
Q

What is a Calderbank offer - 2

A

A written offer marked with ‘without prejudice subject to costs’
Reserves the right to bring the offer to attention of the courts on the question of costs

55
Q

Is an acceptance of a Calderbank offer legally binding

A

Yes

56
Q

Who can serve a Calderbank offer

A

Either party

57
Q

How many times can a Calderbank offer be served

A

it can be served multiple times

58
Q

To what tenancies does the Rent (Agriculture) act 1976 apply

A

Applies to tenancies before 15th January 1989

59
Q

How do you become a protected occupier under the Rent (Agriculture) Act 1976 - 3

A

A qualifying worker - worked for 91/104 weeks
In Agriculture
With licence of tenancy of a dwelling house in qualifying ownership

60
Q

What form do you use for a rent review under the Rent (Agriculture) Act 1976

A

RR1C

61
Q

How many successions are permitted under the Rent (Agriculture) Act 1976

A

One

62
Q

What tenancies does the Rent Act 1977 apply

A

Applies to tenancies before 15th January 1989

63
Q

When is a tenancy an Assured Tenancy

A

After 15th January 1989 but before 28th February 1997

64
Q

When would you use a service occupation agreement

A

When accommodation is a condition of the employment

65
Q

What are 2 key features of a Tenancy at Will

A

LL allows T to occupy premises for an uncertain duration for little or no rent
Either party can terminate at any time for any reason

66
Q

What is the minimum rent of an AST

A

£250 PA

67
Q

What documents do you need to serve prior to granting an AST - 9

A

Prescribed information about the deposit
TA
Damp & Condensation guide
EICR
EPC
How to Rent Guide
Boiler service report
Legionnaires Risk Assessment
Property inventory

68
Q

What does ‘without prejudice’ mean

A

Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

69
Q

What does ‘subject to contract’ mean

A

That the parties do not intend to be legally bound until a formal contract is executed

70
Q

What does ‘without prejudice, save as to costs’ mean

A

That the matter can only be brought before a third party/tribunal/Court on the matter of costs (providing it is a genuine attempt to settle)

71
Q

What are the relevant timescales for serving a Section 25 or Section 26 under the LTA 54

A

6-12 months

RICS APC Rural 2024 (4 decks)

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