Landlord and Tenant L3 Flashcards
Which Notice do you serve for a RR under an AHA 86 tenancy - 2
Section 12 - must be served 12 months in advance of the review date
What must a Section 12 Notice include for an AHA 86 tenancy - 4
Name of holding, landlord details, tenant details and date
Explain the Arbitration Act 1996
Rent is determined at the date it is payable not the date arbitration is awarded
What is the RR formula for an AHA 86 RR - 6
Assumed to be let to a competent tenant by a prudent willing LL
Terms of the tenancy
Character and situation of the holding
Productive capacity of the holding
Related earning capacity
Comparable lettings
When do you use the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973 - 1
When the tenancy agreement is silent to repairs - Not in Wales
What superseded the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973 - 1
Agriculture (Model clauses fixed equipment) (England) regulations 2015
Are the Model Clauses 2015 used when the TA is silent
Yes
Are the Model Clauses used if the TA mentions specific repairs
No - disregard Model Clauses
Which Model Clauses used if the TA references 1973 Model Clauses
1973 Model Clauses
Which Model Clauses are used if the TA references ‘1973 Model Clauses and future amendments’
Use 2015 Model Clauses
How would a LL serve a Notice to Quit on an AHA 86 tenancy - 2
By serving a S.25 notice giving 12 months notice
How would a tenant serve a counter notice to a Notice to Quit given by the LL in an AHA 86 tenancy - 1
By Serving a Section 26 notice
What is Case A in an incontestable Notice to Quit AHA 86 - 1
(Age) Retirement of smallholders at 65
What is Case B in an incontestable Notice to Quit AHA 86 - 2
(Barn) Non-ag use
LL must have PP or PD - LL must prove immediate requirement for land
What is Case C in an incontestable Notice to Quit AHA 86 - 2
(Crap Crops) certificate of bad husbandry
Not fulfilling responsibilities in accordance of good husbandry
What is Case D in an incontestable Notice to Quit AHA 86 - 2
(Debt) failure to pay rent
LL can serve this if T fails to pay rent within 2 months of receipt of a N2P
What is Case F in an incontestable Notice to Quit AHA 86 - 2
(Finance) insolvency of T
served if bankruptcy has been declared or a winding up order made
What is Case E in an incontestable Notice to Quit AHA 86 - 2
(Irremediable breaches) Breaches
E.g. Sub letting/assignment without LL consent, illegal uses
What is Case G in an incontestable Notice to Quit AHA 86 - 2
(Grave) Death of tenant
To be served within 3 months of notice of death
What is Case H in an incontestable Notice to Quit AHA 86 - 2
(HMRC) ministry of amalgamation
Must be given by a minister stating it is reshaping ag land
When do succession rights apply in an AHA 86 - 1
Only apply to tenant of ag holdings before 12th July 1984 - none after
How many successions are permitted - 1
Two successions
When must an application for succession be made under an AHA 86 tenancy - 1
Within 3 months after the date of death
What eligibility tests does a succession applicant have to pass AHA 86 - 3
Surviving close relative
Principle source of livelihood
Commercial unit test (being removed as of 01/09/2024)
What is a lease - 4
Have exclusive possession of a property
A contractual agreement
For a certain term
Rent payable
What is a licence - 2
A right to occupy
Doesn’t create a legal interest in the land
What does Street vs Mountford 1985 set out
Sets out the requirement of a lease (exclusive possession, certain term, rent)
What is the case which defines a lease
Street vs Mountford 1985
What does the Agriculture Act 2020 include - 4
Delinking and phasing out BPS
Setting up ELMS scheme
Improving productivity and increase technology
Changes to succession for AHA tenants
Can an AHA to a company end
No - an AHA to a LTD company lasts in perpetuity
What is an improvement to the holding - 2
An improvement must have written LL consent , it is an advantage to the holding that can’t be taken away e.g. fertiliser
What is a fixture - 2
A fixture is an item affixed to the holding that can be removed or the LL can buy
What are the qualifying conditions of an Agricultural Tenancies Act 1995 - 3
Must be granted on or before 1st September 1995
All or part of the land is farmed for the purpose of a trade or business
Character of the TA is wholly agriculture
What notice is served for a RR in an ATA 1995 - 2
Section 10 - 12 months in advance
What do you disregard in a RR of a ATA 1995 tenancy - 2
Disregard any increase in value due to tenants improvements
Tenant’s occupation is disregarded
How does an FBT with a fixed term of 2 years or less end - 1
By the effluxion of time
How does an FBT with a fixed term of 2 years or more end - 3
It doesn’t - it continues as a rolling yearly tenancy on the same terms
What notice can you serve to end an FBT
Section 5 giving 12 months notice
Do you use the 2015 Model Clauses in an FBT
Only if the TA mentions them
When do you use the 1973 Model Clauses in an FBT
if the FBT states no amendments to the 1973 regs
How do you contract out Landlord & Tenant act 1954
LL must serve declaration on the tenant (simple or statutory)
Which Sections of the LTA 54 relate to secuirty of tenure
Sections 24-28
What notice can the LL serve to negotiate a new lease under the LTA 54
Section 25
What notice can a tenant serve to request a new lease under the LTA 54
Section 26
What notice can a tenant serve to quit under the LTA 54
Section 27
What notice can be served to negotiate a lease renewal by agreement under the LTA 54
Section 28
What does a Section 30 state under the LTA 54
Grounds for opposition to a new TA by the LL
Which grounds for opposition (S. 30) under the LTA 54 are discretionary - 4
A, B, C, E
Which grounds for opposition (S. 30) under the LTA 54 are mandatory - 3
D, F, G
What does Section 31 state under the LTA 54
Dismissal of an application for a new TA where LL successfully opposes
What does Section 32 state under the LTA 54
Property to be comprised in the new TA
What does Section 33 state under the LTA 54
Duration of the new TA
What does Section 34 state under the LTA 54
Rent under the new TA
What is a Calderbank offer - 2
A written offer marked with ‘without prejudice subject to costs’
Reserves the right to bring the offer to attention of the courts on the question of costs
Is an acceptance of a Calderbank offer legally binding
Yes
Who can serve a Calderbank offer
Either party
How many times can a Calderbank offer be served
it can be served multiple times
To what tenancies does the Rent (Agriculture) act 1976 apply
Applies to tenancies before 15th January 1989
How do you become a protected occupier under the Rent (Agriculture) Act 1976 - 3
A qualifying worker - worked for 91/104 weeks
In Agriculture
With licence of tenancy of a dwelling house in qualifying ownership
What form do you use for a rent review under the Rent (Agriculture) Act 1976
RR1C
How many successions are permitted under the Rent (Agriculture) Act 1976
One
What tenancies does the Rent Act 1977 apply
Applies to tenancies before 15th January 1989
When is a tenancy an Assured Tenancy
After 15th January 1989 but before 28th February 1997
When would you use a service occupation agreement
When accommodation is a condition of the employment
What are 2 key features of a Tenancy at Will
LL allows T to occupy premises for an uncertain duration for little or no rent
Either party can terminate at any time for any reason
What is the minimum rent of an AST
£250 PA
What documents do you need to serve prior to granting an AST - 9
Prescribed information about the deposit
TA
Damp & Condensation guide
EICR
EPC
How to Rent Guide
Boiler service report
Legionnaires Risk Assessment
Property inventory
What does ‘without prejudice’ mean
Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute
What does ‘subject to contract’ mean
That the parties do not intend to be legally bound until a formal contract is executed
What does ‘without prejudice, save as to costs’ mean
That the matter can only be brought before a third party/tribunal/Court on the matter of costs (providing it is a genuine attempt to settle)
What are the relevant timescales for serving a Section 25 or Section 26 under the LTA 54
6-12 months
