Landlord and Tenant Flashcards
Both to Level 3
What is a Grazing Agreement under the Agricultural Holdings (Scotland) Act 2003?
Let for <364 days
This type of tenancy is typically for short-term grazing purposes.
What is a Short Limited Duration Tenancy under the Agricultural Holdings (Scotland) Act 2003?
Let for <5 years
This tenancy is designed for short-term agricultural use.
What defines a Limited Duration Tenancy under the Agricultural Holdings (Scotland) Act 2003?
Let for >10 years (no upper limit)
This tenancy allows for a long-term agreement without a specified upper limit.
What is a Modern Limited Duration Tenancy as per the Land Reform (Scotland) Act 2016 Part 10?
Let for >10 years with a break clause after 5 years for new entrants
This type of tenancy has specific provisions for new entrants starting from 30th November 2017.
What are Repairing Tenancies as defined in the Land Reform (Scotland) Act 2016 Part 10?
Let for >35 years
These tenancies are typically long-term arrangements that include responsibilities for repairs.
What is a Secure Tenancy under the Agricultural Holdings (Scotland) Act 1991?
Outlaw the l
The specific definition or details are incomplete in the provided text.
What is the primary landlord responsibility under the 1991 Act regarding fixed equipment?
Provide fixed equipment in a thorough state of repair which will enable the farm to operate efficiently for the purpose for which it is let.
What must a landlord do during the tenancy according to the 1991 Act?
Renew and replace any land, buildings or fixed equipment which may be rendered necessary by natural decay or fair wear and tear.
What is the tenant’s responsibility regarding the state of repair of the property?
Maintain the land, buildings and fixed equipment in as good a state of repair as they were at the commencement of the lease.
What must a tenant do with improvements made by the landlord during the lease?
Maintain any land, buildings or fixed equipment improved, renewed or replaced by the Landlord after the start of the lease in the same condition as they were when added, fair wear and tear excepted.
What does the Agriculture (Scotland) Act 1948 emphasize regarding tenant obligations?
Obligations in relation to Good Estate Management and Good Husbandry.
What is the status of post lease agreements since November 2003?
Null and void.
What is a Record of Condition (RoC) according to the 1991 Act?
A record that either the landlord or tenant may decide they want at any time.
What is the time frame for agreeing a RoC for SLDT/LDT?
Agreed within 6 months of the commencement of the lease.
What is the time frame for agreeing a RoC for MLDT?
Agreed within 90 days of commencement of lease.
How is the cost of the RoC split between landlord and tenant?
Split 50:50.
What is the primary legislation governing improvements claimed for SLDT/LDT/MLDT?
Agricultural Holdings (Scotland) Act 1991
Part IV of the Act deals with improvements.
What is required for improvements such as laying PP or making gardens according to Schedule 5?
Consent required
This is outlined in Part 1 of Schedule 5.
What notice period is required for improvements like drainage or erection of buildings?
3 months
This is specified in Part 2 of Schedule 5.
Which improvements do not require consent or notice as per the 1991 Act?
Liming, applying purchased manure
This is covered in Part 3 of Schedule 5.
What does Section 34 of the 1991 Act state regarding compensation for improvements?
Right to compensation for improvement = value to incoming tenant
This section emphasizes the compensation rights of tenants.
What does Section 35 of the 2003 Act provide concerning improvements?
Right to compensation for improvement
This provision continues the tenant’s rights established in the 1991 Act.
What was the duration of the Tenants Amnesty under the Land Reform Scotland Act 2016?
June 2017 - November 2020
This amnesty provided certain protections for tenants.
What significant agreements were abolished by the 2003 Act?
Write-down Agreements
This change affects tenant rights and obligations.
According to Section 18 of the 1991 Act, when must a tenant remove fixtures after tenancy termination?
6 months post termination
This section details the timeline for tenants regarding fixtures.
What must a tenant do before removing fixtures after termination of tenancy?
Give 1 month’s notice and pay all rent
This is a requirement for the tenant to fulfill.
What can a landlord do in response to a tenant’s notice regarding fixtures?
Counter-notice - purchasing at fair rent to incoming tenant
This gives landlords an option to retain fixtures.
What are dilapidations in the context of agricultural holdings?
Compensation to the Landlord for deterioration where the value of the holding has reduced due to tenant’s non-fulfilment of responsibilities
Dilapidations refer to the physical condition of the property that has been adversely affected.
What factors contribute to the reduction in value of an agricultural holding?
- Dilapidations
- Deterioration
- Damage
These factors arise from the tenant’s failure to farm according to good husbandry practices.
What is the formula to calculate compensation for a landlord?
Amount equal to the reduction in value of the holding
This includes the cost of making good the dilapidation, deterioration, or damage.
Fill in the blank: Improvements - __________ = Waygo value.
Dilapidations
Waygo value refers to the value of the holding considering improvements made.
What is the tenant responsible for to avoid dilapidations?
Farming in accordance with the rules of good husbandry
Good husbandry practices are essential for maintaining the value of the holding.
True or False: Deterioration is not a factor in calculating compensation for landlords.
False
Deterioration is one of the key factors that contribute to the reduction in value of the holding.
What is the Agricultural Holdings Act 1991 - Section 13 concerned with?
Rent review procedures and guidelines for agricultural holdings
This section outlines the framework for determining fair rent in agricultural tenancies.
What does SLDT stand for?
Short Limited Duration Tenancy
This type of tenancy allows for more flexibility in rental agreements.
What does LDT/MLDT/Repairing Tenancies refer to?
Long Duration Tenancy / Medium Length Duration Tenancy / Repairing Tenancies
These tenancies typically involve freedom of contract.
What is the key consideration for determining rent in agricultural holdings?
The rent at which the holding might reasonably be expected to be let in the open market
This assessment is made between a willing landlord and a willing tenant.
What factors must be regarded when determining rent?
- Comparable rents
- Economic condition of the agricultural sector
- Increase in value of holding resulting from a non-agricultural purpose
These factors help ensure a fair rental value is established.
What is the maximum frequency for rent reviews?
Not more frequent than every 3 years
This limitation helps ensure stability for tenants.
When should the rent review notice be served?
Between 1-2 years prior to the review
This allows adequate time for negotiations and proposals.
What should occur at least 6 months prior to a rent review?
A meeting on-site
This meeting is suggested by the Code of Practice (CoP) for effective communication.
What should happen within a month after the on-site meeting?
A written formal proposal should be sent
This proposal outlines the terms for the rent review.
What is the timeframe for the other party to respond to the rent review proposal?
6 weeks after receipt of the proposal
They can either agree or send a counter proposal.
What factors should be disregarded when determining rent?
- Tenant in occupation
- Distortion in rent due to scarcity of lets
- Improvements carried out wholly or partly at the Tenant’s cost without benefit to the landlord
- Improvements carried out by the Landlord funded by grant aid
- Reduction in value due to dilapidations caused by the Tenant
- Use of the land for non-agricultural purpose or conservation activities
These factors can skew the assessment of fair rent.
What is the final option for resolving rent disputes?
Application to the Land Court
This provides a legal avenue for tenants and landlords to resolve their differences.
What does ‘High Farming’ refer to in the context of rent review?
A method of farming that emphasizes high productivity and efficiency
This practice can impact the value of agricultural holdings.
