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APC 2024 > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

1
Q

Tell me about your understanding of the LTA 1927 Act/LTA 1952 Act/LTA (Covenants) 1995/LTA 1988?

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2
Q

Tell me about a key lease clause you are aware of?

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3
Q

Tell me about your understanding of the Code for Leasing Business Premises

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4
Q

What is alienation?

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5
Q

Tell me about how you would summarise a lease and what terms you would be looking out for

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6
Q

What is the regulatory reform order 2003?

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7
Q

What is the role of an expert witness?

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8
Q

How does an advocate differ from an expert witness?

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9
Q

How does the role of an expert witness change from when you are negotiating?

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10
Q

What is an expert?

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11
Q

What is an arbitrator?

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12
Q

How does an arbitrator and expert’s roles differ?

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13
Q

How would you establish the relevant third party procedure for a rent review?

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14
Q

How much does it cost to submit an RICS DRS application?

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15
Q

What is the difference between a hypothetical lease at rent review and lease renewal?

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16
Q

What is PACT?

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17
Q

How do in and an out of Court PACT differ?

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18
Q

What is a Calderbank Offer?

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19
Q

What is a break clause?

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20
Q

Tell me about your understanding of notices under the LTA 1954

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21
Q

Tell me about your understanding of interim rent

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22
Q

Tell me about your understanding of the Court procedure at lease renewal

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23
Q

What are the Civil Procedure Rules?

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24
Q

What are the Jackson Reforms?

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25
Q

What is a part 36 offer?

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26
Q

Can you serve a Calderbank offer at lease renewal?

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27
Q

What does Section 34 relate to in a lease renewal?

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28
Q

What is compensation for disturbance?

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29
Q

What does section 18 mean in relation to the LTA 1927?

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30
Q

Why would you contract out a lease? How would you contract out a lease?

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31
Q

Tell me about the LTA 1954 in relation to contracting out a lease

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32
Q

What are the Section 30 grounds under the LTA 1954?

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33
Q

What time limits apply in relation to lease renewal notices?

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34
Q

When would you recommend that a Landlord/Tenant serves notice in a LTA 1954 renewal?

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35
Q

What does section 40 of the LTA 1954?

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36
Q

What tenancies are covered under the LTA 1954?

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36
Q

What is the difference between a lease and licence?

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37
Q

Tell me about the terms of a new lease in relation to a contracted in lease renewal?

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38
Q

How can a tenant quit a contracted in lease?

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39
Q

What does time of the essence mean?

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40
Q

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

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41
Q

What is the valuation date at lease renewal?

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42
Q

What are the different types of rent review?

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43
Q

What is a hypothetical lease?

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44
Q

Can you challenge an arbitrators award, if so, under what grounds?

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44
Q

Can you challenge an expert’s determination?

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45
Q

What is the presumption of reality?

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46
Q

What is a rent review assumption/disregard? Provide an example

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47
Q

Tell me about one example of rent review/break option/lease renewal case law you are aware of

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48
Q

What is turnover rent?

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49
Q

What is geared rent?

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50
Q

Tell me about your understanding of fitted assumptions?

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51
Q

What does the RICS say about conditional fee agreements when proceeding to third party as an expert witness?

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51
Q

Tell me about your understanding of a fitting out rent free period?

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51
Q

What RICS guidance relates to the use of comparables?

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52
Q

What does disclosure mean in relation to a lease renewal?

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53
Q

How would you deal with post-dated rent review evidence?

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54
Q

How do you treat tenant’s improvements at rent review? How would this differ at lease renewal?

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55
Q

Talk me through your understanding of the RICS guidance on dilapidations. What is the dilapidations protocol?

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56
Q

What timings apply to a dilapidations claim?

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57
Q

What is PDPAC?

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58
Q

What is a Scott Schedule?

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58
Q

What is quantified demand?

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59
Q

What is diminution valuation?

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60
Q

What legislation relates to diminution valuations?

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61
Q

What would you find in a schedule of dilapidations?

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62
Q

What type of landlord’s schedule exist?

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63
Q

What remedies exist for dilapidations during the lease term? Why and when you recommend one of these?

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64
Q

How should you respond to a dilapidations claim?

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65
Q

What is supersession?

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66
Q

How can you settle a dilapidations dispute?

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67
Q

When would you consider ADR or litigation?

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68
Q
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69
Q

What is an offer to settle?

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70
Q

Can you use a Part 36 offer in a dilapidations claim?

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71
Q

What is included on a settlement agreement?

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72
Q

Why are turnover rents becoming increasingly popular? How might this affect future rent reviews and lease renewals?

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73
Q

Explain the precedent set in WH Smith Retail Holdings v Commerz RI mbH (2021) relating to pandemic rent suspension clauses

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74
Q

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?

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75
Q

How would you advise on the SDLT liability between a surrender and regrant and reversionary lease?

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75
Q

What recent county court cases have there been on Covid lease renewals?

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76
Q

What is ‘Chartbrook’ principle on index linked rent reviews?

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77
Q

Following the Chartbrook case, what was the outcome of the Monsolar IQ Ltd v Woden Park Ltd Case?

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78
Q

Tell me about an instance of when you have reflected market conditions on rental value

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79
Q

How do you collate, analyse and adjust comparable evidence?

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80
Q

What is the hierarchy of evidence?

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81
Q

Tell me about a landlord and tenant negotiation you have been involved with

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82
Q

Tell me about a contracted out lease renewal you have dealt with

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83
Q

How would you advise a tenant differently between a contracted in and contracted out renewal?

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84
Q

What was the outcome of your calculation of the RPI linked rent at Leicester Square?

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85
Q

Where did you source the data to calculate the new rent at Leicester Square?

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86
Q

Tell me about your engagement with the tenant in relation to the RPI review?

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87
Q

Why did you undertake checks on the assignee if your client had already accepted the request?

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88
Q

In the assignment case how did you judge whether the assignee was suitable in financial terms?

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89
Q

Did you suggest any ways for your client to protect their position in the assignment?

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90
Q

What instructions did you provide to the solicitors during the assignment process and why?

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91
Q

If you had been advising the Tenant in Paddington how would your advice have differed?

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92
Q

If time had been of the essence in Paddington how would this have affected your approach?

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93
Q

Talk me through your advice regarding the rental uplift?

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94
Q

Why was a rent review notice required in Paddington?

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95
Q

What rental agreement did you reach in Paddington and how did you approach negotiations?

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96
Q

Did you consider third party may be necessary in the Paddington case? What would you have advised if negotiations had been unfruitful?

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97
Q

What lease terms did you advise your client on in the Victoria example?

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98
Q

If the Victoria lease had been inside the 1954 Act, how would you have advise your client to proceed?

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APC 2024 (10 decks)

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