Landlord and Tenant Flashcards
What is contracting out?
Excluding the provisions of s24-28 of the LTA 1954, therefore no security of tenure
What are the key differences between the ATA 1995, AHA 1986, Housing Act 1988 and Rent Act 1977?
ATA 95 is for agricultural businesses only and applies to land. Freedom of contract. MR.
AHA 86 is for agricultural property and gives succession rights for 3 generations. Rent properly payable rather than MR.
HA 88 applies to resi properties, introduced the concepts of assured tenancy and assured shorthold tenancy.
RA 77 applies to resi properties with regulated tenancies with high level of secutiry of tenure.
What is an assured tenancy?
A tenancy of a dwelling-house let as a separate dwelling to an individual, who is a single (sole) or joint tenant, where the tenant or at least one of the joint tenants occupies the house as their only or principle home.
What is the rent review process for a Rent Act 1977 tenancy?
Fair rent - must be assessed by a rent officer from VOA. Must consider:
* the state of repair of the property
* the character of the property, its locality and its age
* how much furniture is provided and what it is like
* any premium lawfully paid
What is the rent review process for an LTA 1954 tenancy?
Check the lease for the frequency of the notice, serve rent review notice, can serve counter notice
What is the rent review process for ATA 1995?
Default rent review arrangements are set out in sections 9-14 of the 1995 Act. Freedom of contract for provisions, but cannot be upwards only
What is the rent review process for an AHA tenancy?
LL can demand rent is properly payable in repect of the holding from the next termination date (earliest date a tenancy could have been ended by a notice to quit i.e. first anniversary of the start of the term). Schedule 2 sets out rent review formula
What is the rent review process for a Housing Act 1988 tenancy?
- Section 13 notice, cannot be used during first 52 weeks of contractural periodic tenancy.
- Cannot be issued more than once every 52 weeks.
- Must serve a notice of increase of rent in a prescribed form (Form 4)
- Period reflects notice required (period of a year, 6 months; less than a month, 1 month)
What is the difference between a lease and a licence? What is the case law?
Leases grant exclusive possession, licences allow the owner to still use the land. Street v Mountford 1985
What is FRI?
A full repairing and insuring lease (“FRI Lease”) is a lease in which the tenant takes on all of the costs for repairs and insurance for the property being leased from the landlord
How did you manage the landlord and tenant at the Sparkford FBT?
Ensured frequent communication with both, calling the tenant a few days after posting to ensure they received the Heads of Terms and to check if they had any queries
At Sandown, how did you/will you end the tenancy?
Serve break notice 6 months prior to break date in accordance with the lease
What does ‘Without Prejudice’ mean and when would you use it?
Enables parties to negotiate freely with a view to reaching settlement, without fear that what is said or written will be used against them later in court.
What does ‘Subject to Contract’ mean and when would you use it?
Neither party intends to be bound either in law or in equity unless and until a formal contract is made, and each party reserves the right to withdraw until such time as a binding contract is made
What is a Tenancy at Will?
tenant occupies a property, with landlord consent, indefinitely, on the basis that either party can end the arrangement by giving immediate notice at any time. It can be both informal and in writing. A tenancy at will is usually only suitable for temporary, short term use.
What are the pros and cons of a Tenancy at Will for landlords and tenants?
Pros: can be arranged quickly and there is not sufficient time to deal with finalising lease negotiations, terms, due diligence and the final lease. Secures occupation for the tenant and an income for the landlord.
Cons: tenants can be required to vacate a property at no notice. Landlords risk that the terms of the tenancy at will are not as detailed or protective as full lease terms.
What are the pros and cons of being contracted out for landlord and tenant?
Good for tenant as they have a right to renew. Bad for landlord as not as free to use the land/select a tenant
What happens at the end of the term in a lease protected by the LTA 1954?
Tenant has a right to renew, lease will continue under the terms of the expired lease until it is terminated or renewed by the parties
At Sparkford, how did you approach negotiations when you had established the open market rent?
Had a site meeting, provided my client with a range to work within for a rental amount, then negotiated with the tenant within the range agreed with my client
At Sandown, how would you advice have been different if the lease was protected?
Look at the grounds in Section 30, likely the landlord wanting to redevelop the site
Were there conditions/timings for the break clause at Sandown?
Yes, 6 months notice was required prior to the break date
At Sparkford, you prepared notices of creation, under what legislation were these prepared and what was their purpose?
Section 1(4) of the ATA 1995. States the tenancy will be and will remain an FBT and in agricultural use
At Sparkford, what advice did you provide your client on a rental value and length of the FBT?
I advised a rental value of £95 per acre per annum and a length of 2 years, if longer then a notice to terminate with 12 months notice would be required
At Sandown, how did you determine whether the tenant had security of tenure?
I checked the lease to see if there was a clause relating to security of tenure being excluded. Declaration would need to be made under Section 38. Can be statutory declaration under oath, served before signing the tenancy, or simple declaration at least 14 days before the start of the lease
