Landlord and Tenant Flashcards
Tell me about your understanding of the LTA 1927 Act/LTA 1952 Act/LTA (Covenants) 1995/LTA 1988?
Tell me about a key lease clause you are aware of?
Tell me about your understanding of the Code for Leasing Business Premises
What is alienation?
Tell me about how you would summarise a lease and what terms you would be looking out for
What is the regulatory reform order 2003?
What is the role of an expert witness?
How does an advocate differ from an expert witness?
How does the role of an expert witness change from when you are negotiating?
What is an expert?
What is an arbitrator?
How does an arbitrator and expert’s roles differ?
How would you establish the relevant third party procedure for a rent review?
How much does it cost to submit an RICS DRS application?
What is the difference between a hypothetical lease at rent review and lease renewal?
What is PACT?
How do in and an out of Court PACT differ?
What is a Calderbank Offer?
What is a break clause?
Tell me about your understanding of notices under the LTA 1954
Tell me about your understanding of interim rent
Tell me about your understanding of the Court procedure at lease renewal
What are the Civil Procedure Rules?
What are the Jackson Reforms?
What is a part 36 offer?
Can you serve a Calderbank offer at lease renewal?
What does Section 34 relate to in a lease renewal?
What is compensation for disturbance?
What does section 18 mean in relation to the LTA 1927?
Why would you contract out a lease? How would you contract out a lease?
Tell me about the LTA 1954 in relation to contracting out a lease
What are the Section 30 grounds under the LTA 1954?
What time limits apply in relation to lease renewal notices?
When would you recommend that a Landlord/Tenant serves notice in a LTA 1954 renewal?
What does section 40 of the LTA 1954?
What tenancies are covered under the LTA 1954?
What is the difference between a lease and licence?
Tell me about the terms of a new lease in relation to a contracted in lease renewal?
How can a tenant quit a contracted in lease?
What does time of the essence mean?
When do notices need to be served at a rent review?
What is the valuation date at lease renewal?
What are the different types of rent review?
What is a hypothetical lease?
Can you challenge an arbitrators award, if so, under what grounds?
Can you challenge an expert’s determination?
What is the presumption of reality?
What is a rent review assumption/disregard? Provide an example
Tell me about one example of rent review/break option/lease renewal case law you are aware of
What is turnover rent?
What is geared rent?
Tell me about your understanding of fitted assumptions?
What does the RICS say about conditional fee agreements when proceeding to third party as an expert witness?
Tell me about your understanding of a fitting out rent free period?
What RICS guidance relates to the use of comparables?
What does disclosure mean in relation to a lease renewal?
How would you deal with post-dated rent review evidence?
How do you treat tenant’s improvements at rent review? How would this differ at lease renewal?
Talk me through your understanding of the RICS guidance on dilapidations. What is the dilapidations protocol?
What timings apply to a dilapidations claim?
What is PDPAC?
What is a Scott Schedule?
What is quantified demand?
What is diminution valuation?
What legislation relates to diminution valuations?
What would you find in a schedule of dilapidations?
What type of landlord’s schedule exist?
What remedies exist for dilapidations during the lease term? Why and when you recommend one of these?
How should you respond to a dilapidations claim?
What is supersession?
How can you settle a dilapidations dispute?
When would you consider ADR or litigation?
What is an offer to settle?
Can you use a Part 36 offer in a dilapidations claim?
What is included on a settlement agreement?
Why are turnover rents becoming increasingly popular? How might this affect future rent reviews and lease renewals?
Explain the precedent set in WH Smith Retail Holdings v Commerz RI mbH (2021) relating to pandemic rent suspension clauses
What was the outcome of the W (No.3) GP (Nominee A) Ltd & W (No.3) GP (Nominee B) Ltd v JD Sports Fashion Plc case in relation to turnover rents at a contracted in lease renewal?
How would you advise on the SDLT liability between a surrender and regrant and reversionary lease?
What recent county court cases have there been on Covid lease renewals?
What is ‘Chartbrook’ principle on index linked rent reviews?
Following the Chartbrook case, what was the outcome of the Monsolar IQ Ltd v Woden Park Ltd Case?
Tell me about an instance of when you have reflected market conditions on rental value
How do you collate, analyse and adjust comparable evidence?
What is the hierarchy of evidence?
Tell me about a landlord and tenant negotiation you have been involved with
Tell me about a contracted out lease renewal you have dealt with
How would you advise a tenant differently between a contracted in and contracted out renewal?
What was the outcome of your calculation of the RPI linked rent at Leicester Square?
Where did you source the data to calculate the new rent at Leicester Square?
Tell me about your engagement with the tenant in relation to the RPI review?
Why did you undertake checks on the assignee if your client had already accepted the request?
In the assignment case how did you judge whether the assignee was suitable in financial terms?
Did you suggest any ways for your client to protect their position in the assignment?
What instructions did you provide to the solicitors during the assignment process and why?
If you had been advising the Tenant in Paddington how would your advice have differed?
If time had been of the essence in Paddington how would this have affected your approach?
Talk me through your advice regarding the rental uplift?
Why was a rent review notice required in Paddington?
What rental agreement did you reach in Paddington and how did you approach negotiations?
Did you consider third party may be necessary in the Paddington case? What would you have advised if negotiations had been unfruitful?
What lease terms did you advise your client on in the Victoria example?
If the Victoria lease had been inside the 1954 Act, how would you have advise your client to proceed?
