Landlord and Tenant Flashcards

1
Q

Headings found in a lease:

A
Landlord 
Tenant
Property 
Duration 
Permitted use
Rent 
Rent reviews 
Sub letting 
Repairs/renewal
Landlord responsibly
Tenant's responsibly   
Insurance 
VAT 
Access 
Termination
Record of condition 
Cost 
Consents/planning
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2
Q

What legislation in the tenants amenity controlled by?

A

The Land Reform (Scotland) Act 2016 - originality a 3 year window from the 13th June 2017 - 12st December 2020. (recognize some works by the tenant as qualifying improvements for waygo compensation)

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3
Q

Where to find the list of improvements

A

Schedule 5 of the AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991

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4
Q

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 1

A

IMPROVEMENTS FOR WHICH CONSENT IS REQUIRED

Laying down permanent pasture
making of garden
plating OF ORCHARDS OR FRUIT BUSHES

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5
Q

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 2

A

IMPROVEMENTS FOR WHICH NOTICE IS REQUIRED

Land drainage 
Making or removing fences, stone dykes 
Making or improving farm access 
Erection of shed 
Erection, alteration or enlargement of buildings,
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6
Q

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 3

A

IMPROVEMENTS FOR WHICH NO CONSENT OR NOTICE REQUIRED

Liming - 7 years
Eradication of bracken
Laying down temporary pasture - 2 year to leaving

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7
Q

process of tenants amnesty

A
TOE 
Visit farm - get recite of records 
draft up map/ docs 
send over to client
when approved and agreed with start talking with landlord recommend site visit and come to an agreement
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8
Q

Tenants amnesty - dealing with unresolved Issues

A

amnesty notice in writing to the landlord
Landlord has 2 months to object in writing and why objecting to it.
tenant may within 2 months of receiving notice apply to the land court

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