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APC > Landlord and tenant > Flashcards

Landlord and tenant Flashcards

1
Q

What are grounds for eviction under Assured Shorthold Tenancy?

A

17 Grounds but some include;
- Rent arrears or persistent delay
- Anti social behaviour
- Breaching tenancy agreement
- Inheriting tenancy
- Demolition or major works
- Not living in the property

Both mandatory and discretionary grounds

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2
Q

When is an AHA appropriate for succession?

A

Started before 12th July 1984

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3
Q

Name 3 items listed in the Model Clauses?

A

ROOFS - T to contribute £500 per annum to repair/replace

ELECTRICS - T to repair/replace sockets, switches/light fittings. L to do everything else (EICR)

GUTTERS/DOWNPIPES - T to keep clean and contribute 50% for works.

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4
Q

What is the full name of the model clauses?

A

The Agricultural (Model Clauses for fixed equipment) (England) Regulations 1973, as amended.

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5
Q

What are the provisions for costs when a tenant wishes to leave a fixed term early?

A

Tenant Fees Act 2019

Tenant cannot be charged more than the rental amount from the date they leave to the date a new tenant moves in.

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6
Q

What would you do if a tenant falls into arrears?

A
  • Set up a payment plan in the first instance
  • If they fall behind that, serve S.8 notice which would allow Landlord to collect arrears in court.
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7
Q

What are different methods for rent reviews?

A
  • Market rent
  • Index linked (RPI/CPI)
  • fair rent
  • Fixed increases
  • Turnover rents
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8
Q

What is outlined in S.11 of the Landlord and Tenant Act 1985

A

Covers basic obligations of the landlord to carry out repairs to the structure and exterior of the dwelling. Also to keep the installations in the house in good repair.

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9
Q

What is outlined in S.10 of the Landlord and Tenant Act 1985?

A
  • Covers fitness for human habitation

Includes freedom from damp, repair, stability, natural light, ventilation etc.

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10
Q

What are MEES requirements for commercial property

A

Minimum rating of an E from 1st April 2023

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11
Q

What are regulatory bodies for Gas Safety, Electrical Safety, Oil boilers and EPC?

A

Gas - Gas safe register, HSE

Electrical - NICEIC

Oil Boilers - OFTEC

EPC - Trading Standards

MEES - Local Authority

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12
Q

What does AHA rent disregard?

A
  • Tenants improvements or fixed equipment
  • Landlords improvements if grant funded
  • Tenants occupation of holding
  • Tenants dilapidations
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13
Q

What does AHA rent take into account?

A
  • Terms of tenancy
  • Character of holding
  • Situation of the holding
  • Productive and earning capacity
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14
Q

How would you conduct a rent review under an AHA agreement?

A
  • Written s.12 notice between 12&24 months prior to review date.
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15
Q

Can compensation be payable following a landlord serving a notice to quit on AHA tenancy?

A

Yes - when notice based on case B or s.27 non-agricultural use.

Compensation is one years rent or tenants actual losses

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16
Q

Can an AHA tenant counter a s.25 notice to quit?

A

Yes.
- Serve a s.26 notice within one month

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17
Q

How would you serve notice to quit on part of an AHA holding?

A

Serve a s.25 notice stating a s.31 justification.

  • Adjusting boundaries for agricultural units
  • allotments
  • gardens for cottages
  • planting of trees
  • making a road
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18
Q

If an FBT is silent on repairs, what would you do?

A

Refer to Model Clauses 1973 or as amended 2015

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19
Q

How would you regain possession of an FBT within the fixed term?

A

Forfeiture, but this must be a clause in the agreement.

  • Serve a s.146 notice for breach of covenant under law of property act 1925
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20
Q

How would you calculate rent for an FBT?

A

Generally open market rent based on comparables
- Considering procedure/earning capacity
- Tenants improvements and dilapidations are ignored
- some FBT rents might be fixed/staged/linked to RPI or CPI.

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21
Q

How do you conduct a rent review for an FBT?

A

Check agreement to understand clauses regarding frequency & how it is to be valued.

Assume statutory procedure, serve s.10 notice between 12&24 months before review date.

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22
Q

What is at risk if the conditions of the FBT are not met??

A

Risk of granting a 1954 act lease, with security of tenure.

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23
Q

What is a service charge?

A

Cost of maintaining and repairing a building and certain services chargeable by landlord. Must be in accordance with lease and no more than 100% of actual costs.

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24
Q

How would you review rent under a commercial lease?

A
  • Refer to tenancy
  • Lease should set out what notice/procedure to follow
  • Agreed amount should be documented in memorandum
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25
Q

What are the three conditions of an FBT?

A

BUSINESS CONDITION ( all or part of the holding must be formed for the purposes of a trade or business. Including breeding or keeping livestock, grazing or producing crops)

Then one of the two;

NOTICE CONDITION (when a section 1(4) notice is exchanged to retain as FBT)

AGRICULTURAL CONDITION (when primarily or wholly agricultural)

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26
Q

What is the difference between Mandatory and discretionary grounds for possession?

A

MANDATORY - the court must order the tenant to vacate if the landlord can prove the ground

DISCRETIONARY - Judge needs to consider it reasonable ground based on landlords facts

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27
Q

What is the different between assignment and subletting?

A

ASSIGNMENT - Legal transfer of the lease to a third party, usually when the tenant sells the business

SUBLETTING - An arrangement between the tenant and a third party for part or all of the premises.

Both require landlord consent

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28
Q

What is security of tenure?

A

The right of statutory continuation and right to renewal

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29
Q

What tenancies are excluded from the Landlord and Tenant ACt 1954?

A
  • Service occupancies
  • Short tenancies (6 months or less)
  • Ag Tenancies
  • Contracted out tenancies
  • Licences
  • Tenancies at will
  • Residential tenancies
30
Q

What does RICS code of code for leasing businesses premises enforce?

A

Heads of Terms are mandatory and must be marked subject to contract

31
Q

How would you succeed an Assured Tenancy?

A
  • Tenant can leave tenancy in will if still within fixed period
  • If periodic, spouse can succeed if living with tenant at time of death
32
Q

What is the difference between Assured and Assured shorthold?

A
  • S.21 Provisions not applicable to assured
  • Succession on assured in certain circumstances
33
Q

What cannot be an assured or assured shorthold tenancy?

A

Tenancies created before 15th January 1989
- When rent exceeds £100,000 per annum or less than £250 per annum
- Business lets
- More than 2 acres of ag land included
- Student or holiday let
- when occupied as part of an AHA or FBT.

34
Q

What are landlords repairing obligations for residential property?

A

S.11 of Landlord and tenant Act 1985 obliges landlord to maintain;

35
Q

What do Model Clauses do?

A

Provide repairing responsibilities for landlords and tenants if not specified in agreement

36
Q

What are some reasons for a MEES exemption?

A
  • Buildings without heating
  • Buildings less than 50 sq.m
  • Some listed buildings
  • If over £3,500 to comply
  • If tenant refuses
  • If property will be devalued
37
Q

What are TDS rules?

A

Deposits must be lodged with an assured scheme within 30 days of receiving

38
Q

How much deposit can be taken?

A

Maximum of 5 weeks rent.

39
Q

How long to return a deposit at the end of tenancy

A

Deposit must be returned within 10 days of agreeing the amount to be returned

40
Q

What was introduced under right to rent?

A
  • Must check that a tenant can legally rent the property in England
  • Must check all tenants over 18

Introduced by Immigration Act 2014

41
Q

When did MEES come into force?

A

1st April 2020 for residential

42
Q

What are MEES?

A

Minimum Energy Efficiency standards.

43
Q

What form must be served for a s.21 eviction in the UK?

A

Form 6A

44
Q

What form would you serve to review rents for an AST

A

From 4B

45
Q

What form would you serve to review the rent under a rent act?

A

RR1 or RR1(c) if rent act ag

46
Q

When is a rent act entitled to two successiosn

A

When the original tenant died before 15 January 1989

47
Q

When is an Ag tenancy an AHA?

A

When it began before 1st September 1995

48
Q

When is a tenancy a rent act tenancy?

A

began before 15 January 1989

49
Q

When is a tenancy an AST?

A

Began on or after 28 February 1997

50
Q

Why is it important to serve a form 1(4) notice of creation?

A

To avoid security of tenure under the Landlord and Tenant act 1954

51
Q

What are some discretionary grounds for possession under housing act?

A
  • Rent arrears
  • suitable alternative accomodation
  • breach of tenancy
  • domestic violance
  • offences during a riot
52
Q

what are some mandatory grounds for possession under housing act?

A

Under section 8;
- Owner occupier
- Repossesion by mortgage lender
- Holiday let
- Student let
- death of tenant

53
Q

When wouldnt a S.21 notice be valid?

A
  • Notice been served incorrectly
  • Tenancy deposit rules not followed
  • NO EPC or Gas safety certificate
  • no how to rent guide provided
  • within fixed term of tenancy
54
Q

Explain the s.21 procedure

A
  • Serve form 6A giving 2 months notice and fill out N215 form
  • if tenant doesn’t vacate, use N215 to apply to court
55
Q

When did the Housing Act 1988 come into affect

A

15 January 1989

56
Q

What is the notice period for an FBT

A

2 years or less - Automatically ends

2 years + - 12 months

57
Q

What notice can be served for vacant possession under rent arrears

A
  • Section 8
58
Q

What notice is served for rent review under AHA?

A

Section 12

59
Q

How would you remove an AOC?

A

12 month marketing period, reducing price and proving no interest due to AOC.

  • Section 106.
60
Q

Why would a property be subject to an AOC?

A

Against planning policy at the time of construction

61
Q

When can a property not be let on an AST

A
  • HMO/Student let
  • Under £250 per annum
  • Let with over 2 acres
62
Q

How is rent assessed under an AHA tenancy?

A

Fair rent based on the agricultural productivity of the holding

63
Q

What legislation disposed of the commercial unit test?

A

Agriculture act 2020

64
Q

What is assessed for succession under an AHA?

A
  • Eligibility test (close relative, principal source of livelihood).
  • Suitability test (relevant training and can farm the holding commercially)
65
Q

What is the difference between an FBT and Grazing Licence

A

Fbt has exclusive possession to the tenant
grazing licence has a right of access.
reflected in the rent

66
Q

What form should be served to show that a tenancy is an AST, not AG?

A

Form 9

67
Q

What is the close relative test?

A

The applicant must prove that they are a close relative of the tenant such as a child, spouse or civil partner. Can also have been treated as a child by tenant.

68
Q

What is the livelihood test?

A

Principal source of income must be from the holding in question, for the last five out of seven years.

69
Q

What did the agriculture Act 2020 do to succession tests?

A
  • Removed the minimum age of retirement
  • removed the commercial unit test
  • Successor now needs to show that they can farm commercially at high standards.
70
Q

Notice periods for a succession application for an AHA

A
  • Succession on retirement is one month of retirement notice.
  • Succession on death is within 3 months from the date of death.
71
Q

What is the suitability test?

A

The successor must be suitable to take on the holding by proving they have sufficient training and expertise to run the farm well.

They must also demonstrate that if the tenancy way available on the open market, they are of a standard that a prudent landlord would be willing to shortlist.

APC (17 decks)

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