Landlord and Tenant Flashcards
What is the assumed term in a lease? Why is it important?
The assumed term in a lease is the length of time that is assumed for the lease when calculating rent.
It can be the unexpired term, the original term, or a defined term. The assumed term is important because it can significantly impact the rental calculation
On the Greenford Tenant Rent Review, you recommended issuing a Calderbank. What is a Calderbank and Why did you do this?
A Calderbank offer is a settlement offer written as ‘without prejudice save as to costs.’ It can’t be referred to in 3rd party proceedings, however at the end of proceedings it can be on the question of costs.
I did it as a method of settling the dispute and also with the intention of saving costs.
What level did you Calderbank at ?
£21.00 psf. Which was accepted.
On the greenford Rent Review, What was the process?
Make contact with landlord’s agent, request comparable evidence to support uplift. Confirm Floor Areas. Discuss comparable evidence. reach impasse, issue Calderbank, agree the Rent Review.
On the Greenford Rent Review, what was the Landlords offer, your initial offer and the final settlement?
LL: £26.00 psf.
Our initial: £20.00 psf.
Settle: £21.00 psf.
Talk me through the Statutory Lease Renewal in Sunbury?
I assisted with inspecting and measuring the property, confirming the rent with the landlord. And finally confirming that this should be in the ‘friendly’ Section 25 Notice.
I did NOT issue the S25 notice.
If a landlord serves a ‘hostile’ notice, what are the grounds for opposing a renewal?
Where a landlord serves a Section 25 Notice opposing renewal it will need to specify one or more of the grounds set out in section 30(1) LTA 1954, which are:
Ground (a): premises are in disrepair
Ground (b): arrears of rent
Ground (c): other breaches of covenant
Ground (d): suitable alternative accommodation
Ground (e): tenancy was created by a sub-letting
Ground (f): landlord’s intention to redevelop; and
Ground (g): landlord’s intention to occupy.
When must a section 25 be issued?
Up to 12 months and no less than 6 months to the end of the lease.
What is a Section 26 Notice?
Where the tenant states they wish to renew the lease - With their terms.
What is a Section 27 Notice?
Where a tenant states they do NOT wish to renew.
What was the quoting rent of Units 1+2 Ashford RR, what was it settled at?
QR was: £180,000
Settled at £164,000
What is Section 24 of the LL+T Act (1954)
Section 24 of the Landlord and Tenant Act 1954 outlines the procedures for terminating a lease and the conditions under which a tenant can remain in a property after their tenancy has expired:
What is section 28 of the landlord and tenant act?
Contracting out.
If the current tenant and landlord agree a new lease in the future. The tenant loses its protection from the act.
Penalties for Landlord not renewing Under Section 30?
1x Rateable value.
2x Rateable value if tenant in occupation for longer than 14 years
