Landlord and Tenant - L3 Flashcards
Tell me about a challenging landlord & tenant case you have dealt with
A challenging matter I had was surrounding a lease renewal for shooting rights. This became challenging when my client was unsure whether they wished to renew the agreement, even after the advice I had given them. Became significantly challenging when the tenants agent, and I would agree, kept wanting to know whether a new agreement would be put in place and when a decision would be made.
Tell me about when and why you have served a Calderbank offer or other offer to settle.
I haven’t had experience of a Calderbank offer not an offer to settle, but understand it to be an offer made “without prejudice save as to costs”. If and when I am involved in such matter I will be aware of how I phrase and label correspondence.
Tell me about an example of when you have assisted with the third party process.
An example of this may be the instruction of an independent expert to resolve a dispute. This is not something I have directly had involvement in but would ensure that I follow the correct procedures that will be laid out in the lease agreement. I would ensure I presented all the necessary information required and engage in discussions.
Why do you need client’s instructions before submitting a third party application?
Because I am acting and advising my client and as such need their instruction before submitting an application as this will incur costs and make sure I know what my clients interests are and negotiating position is.
What are the advantages and disadvantages you have pointed out to clients in relation to third party procedures?
Advantages:
Expertise in the sector and have the knowledge to resolve disputes.
Impartiality - provide an unbiased decision
Efficiency - often be faster and cheaper than court proceedings
Confidentiality - many processes are private and thus protecting sensitive nature of public exposure
Flexibility - tailed to specific needs
Disadvantages -
Costs - can incur significant costs
Limited appeal - limited or no right to appeal decision made
Lack of control - less control over the process
Enforcement - enforcing the decision may result in additional legal costs
Potential for delay - if complex may still experience a delay
How could MEES impact upon your advice on a landlord & tenant case?
- Property Compliance - minimum rating of an E to avoid legal and financial penalties
- Lease Terms - including clauses in leases that address energy efficiency improvements and compliance responsibilities
- Renovation costs - potential costs of upgrading the property and how this affects negotiations or valuations
- Marketability - if non-compliant will significantly impact
- Legal risks
Telemetry Equipment Chilbolton - Describe a key term you recommended and why within the new Agreement
A key term for this agreement was 20 years, previously the landlord was only offering a 2 year and 364 day lease because of reasons for sign off and the lease becoming a deed. I highlighted the importance of the site, the understanding the site will look to remain here for the foreseeable and that a 20 year term takes away the lease negotiations and paperwork aspect on a fairly short basis for an agreement that does not significantly impact the landlord.
Chilbolton - How did you rationalise notifying the LL about the contracting out notice and losing the security afforded to your Client
The rational behind this decision was that my client wishes to remove themselves from this lease on expiry and currently in negotiation over a new lease site fir their equipment. As there is an established relationship in place, aware of my clients forward intentions and following rule one of being honest I advised my client to keep the relationship was of more importance.
Chilbolton - How did your advice support your Client achieving their objectives for this project?
Ultimately my clients objective is to move out of the current location where their equipment is housed and place it in their own cabin, under a new lease with the landlord but be responsible for the whole site. By advicing being honest with the landlord on the notices for the current agreement, it showed a willing to be honest, open and a level of partnership in the overall strategic use of the site going forward.
Weybourne - What advice did you give around the basis of occupation following the expiring of the lease?
I advised my client the university would have a tenancy at will, holding over on their previous agreement and that this is informal agreement that could be terminated at any time with minimal notice.
Weybourne - What was your advice in relation to terms of renewal with the head landlord
My advice was that we go in with the draft lease agreement which we would want to enter into as the sublease as the terms of the head lease are out dated and not sufficient to cover my clients requirements. Present the new sub lease, advise will cover the costs as this new lease is only being implemented as a result of my clients wish for a sub lease.
Weybourne - What were your recommendations for the terms of the lease for the supersite?
Following the national strategy of a 20 year term and contracting in for added security for my client. One key term was the restriction on development around the leased area that would interact and interfere with the airflow of the equipment and as such place a restriction in the new lease that new development on the retained land would need to be run past the tenant
Shooting rights - Describe the land subject to the shooting agreement and SSSI.
The land is flood embankment on the south side of the Whittlesey Washes flood storage area outside Peterborough. The banks form the outside boundary for the SSSI known as the Whittlesey Washes. The site is also a SPA, SAC and Ramsar site.
Shooting rights - How did you ensure your advice was robust, with regard to your Clients environmental concerns?
Before sending my advice to my client, I consulted with senior colleagues who have experience of managing flood embankments and shooting rights agreements on land in designated areas to understand both the national strategy and then the line being taken at a local level. This confirmed the positon that should the necessary consents be in place and where agreements have been granted in the past this is sufficient to cover the environmental concerns of my client
Shooting rights - Did you provide any advice in relation to altering the agreement at renewal to alleviate your Clients concerns?
This was not an agreement that I could see would be able to be altered to alleviate my clients concerns. The necessary permits and permissions were in place to satisfy the landlord in so far as the tenant is not undertaking an illegal activity. Alternations may have included shorting the length of the agreement, or introducing a break clause, however I do not believe it was the terms of the agreement my client was concerned over, it was the implementation of shooting rights agreements as a whole.
