Landlord and Tenant - L2

Question 1

Tell me about an instance when you have reflected market conditions on rental value?

Answer 1

A lease renewal for land only to be used for grazing in Norfolk, I undertook comparable evidence of similar grazing land, noting the majority were tied pony paddock which has a higher market value than the land in question. I reflected and adjusted these values to reflect the differences between my clients land and that on the market

Question 2

How do you collate, analyse and adjust comparable evidence?

Answer 2

first gather relevant data on similar properties, considering factors like location, size, condition, and lease terms. Then, analyze these comparables by comparing key metrics such as rent per square foot. Finally, adjust for differences (e.g., time, location, or property condition) to ensure an accurate and fair comparison for valuation or rent review purposes.

Question 3

What is the hierarchy of evidence?

Answer 3

1. Open Market transcations
2. Agreed lease terms
3. Independent Expert Reports
4. Historic transactions
5. Hearsay

Question 4

Tell me about a landlord & tenant negotiation you have been involved with.

Answer 4

Most recent negotiation was for moorings and negotiating how the tenant would ensure compliance with the mooring terms as they currently weren’t under the old lease. I added into the terms the inclusion of a logbook to record moorings which the landlord could request to view to ensure compliance

Question 5

Tell me about a contracted out lease renewal you have dealt with.

Answer 5

This is not something I have direct experience of, but if I was my advising my client as landlord I would be looking to determine do they wish to renew the lease, if so progress to contacting the tenant to understand their position. As the lease is contracted out the terms of the new lease can differ from the old.

Question 6

How would you advise a tenant differently between a contracted in and contracted out renewal?

Answer 6

For a contracted-in renewal, I’d advise the tenant on their statutory rights to renew under the Landlord and Tenant Act 1954, including potential grounds for opposition by the landlord. For a contracted-out renewal, I’d emphasize the lack of automatic renewal rights and the importance of negotiating favorable terms and security for their continued occupation.

Question 7

King Edwards Park - What were your clients objectives for this project?

Answer 7

To secure a location for an air quality monitoring station for a term of 20 years time, where possible costs no greater then £1000 including rental provisions and a connection to the nearest power supply

Question 8

King Edwards Park - How did you communicate with your client to manage expectations?

Answer 8

As this was a national project, the majority of communication was done via bi monthly project meetings for all surveyors to give an update on each site. This was a high level update, should there be more sensitive conversations I would set up separate teams meetings to talk through matters that were not going to meet their expectations and how I planned to mitigate that.

Question 9

King Edwards Park - On what basis in the lease did this require consent?

Answer 9

Consent was required from my client went rent negotiations went above £500.

Question 10

Allington and Yalding - Talk us through a specific term you negotiated.

Answer 10

One specific lease, the length of term of the new agreement was negotiated. The current lease was only 3 years long, due for renewal in July 2024. After discussions with the tenant and their business planned agreed a new 10 year lease would be suitable

Question 11

Allington & Yalding - Other than the initial notification to solicitors, how did you make sure that the legal department met the deadlines

Answer 11

In the instance of the two key leases, I set up bi monthly meetings with the solicitor overseeing the new agreements just for quick updates and to address any issues head on.

Question 12

Allington and Yalding - How did you make sure that lapsing leases didn’t go missed in the future?

Answer 12

I notified our Property information team so find out what resulted in them being missed in the first instance, this was incorrect data on the review dates on the system. I ensured this was updated to reflect the true lease renewal dates

Question 13

AHA 1986 NQT - Talk us through the drafting of the notice

Answer 13

1. Identify the parties and clearly state the name and address of tenant and landlord
2. Describe the holding - detailed description of the holding the notice applies to, that referenced on the agreement
3. Specify the termination date - setting the termination date so that it aligns with the statutory notice period. This was on the 25 March 2024
4. State the grounds - this was a Case G notice following the notification of death of the tenant
5. Sign and date - by the landlord or authorised agent

Question 14

AHA 1986 NQT - How did you make sure the serving of the notice was valid?

Answer 14

To make sure it was valid, I made sure:
1. Correct timings, being one year ending after the last day of the tenancy
2. Proper service - registered post
3. Clear content - all the required information in the notice was correct
4. Legal compliance
5. Proof of service

Question 15

AHA 1986 NQT - What did you do after acceptance of the notice?

Answer 15

After having confirmation in writing I arranged the following:
1. Handover and inspection of the property
2. Settle of accounts - there were a few outstanding invoices to be settled that I managed
3. prepared to relet the land to the new occupier of the adjacent land.