Landlord and Tenant L3 Flashcards by Lucy Savage

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

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What must a Section 12 Notice include for an AHA 86 tenancy - 4

Name of holding, landlord details, tenant details and date

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Explain the Arbitration Act 1996

Rent is determined at the date it is payable not the date arbitration is awarded

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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

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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

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What superseded the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973 - 1

Agriculture (Model clauses fixed equipment) (England) regulations 2015

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Are the Model Clauses 2015 used when the TA is silent

Yes

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Are the Model Clauses used if the TA mentions specific repairs

No - disregard Model Clauses

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Which Model Clauses used if the TA references 1973 Model Clauses

1973 Model Clauses

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Which Model Clauses are used if the TA references ‘1973 Model Clauses and future amendments’

Use 2015 Model Clauses

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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

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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

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What is Case A in an incontestable Notice to Quit AHA 86 - 1

(Age) Retirement of smallholders at 65

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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

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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

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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

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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

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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

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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

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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

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When do succession rights apply in an AHA 86 - 1

Only apply to tenant of ag holdings before 12th July 1984 - none after

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How many successions are permitted - 1

Two successions

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When must an application for succession be made under an AHA 86 tenancy - 1

Within 3 months after the date of death

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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)

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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