Landlord And Tenant Flashcards
What are the different types of proprietary interest
Mortgages Easements Covenants Options to purchase Equitable shares Equity by estoppel
Land and Property Act?
1925
Land Registration Act?
2002
What did Street v Mountford 1985 find?
A tenancy is distinguished by having 3 main features:
Exclusive possession
Term certain
Consideration
A tenancy must be made deed when it is
More than 3 years
When did FBT’s commence
After the 1st September 1995
When did succession tenancies commence before?
12th July 1984
Which section of the ATA act contains details on notice to quit
Section 5 details that FBT’s less than 2 years end by effluxion of time
Section 6 details that notice must be served in writing to take effect at the end of the tenancy year and must provide at least 12 months notice
Which section of the ATA act details what conditions a FBT must meet
Section 1
A FBT must meet the Agriculture condition and ethier the Business Condition or the Notice Condition
S1 (2) details the business condition
S1 (3) details the agriculture condition
S1 (4) the Notice condition
Which part of ATA contains rent reviews
Part 11
S9 and S10
Which notice do you serve to under take a FBT rent review and what is the process
Serve a S10 notice (not prescribed)
The notice must be served in writing at least 12 months prior to the review date but no more than 24 months (defined by the Regulatory Reform Order 2006).
I.e if the review date is the 25th March you must serve a section 10 notice to the tenant in writing with the intention to review the rent of a specific piece of land/specific farm at least on or before the 25th March the year prior
Which section of the AHA act contains provisions to appoint an arbitrator
Section 12
Which section of the ATA act defines how notices should be served
Section 36
