Landlord and Tenant (Level 3) Flashcards
What does Without Prejudice mean?
- the information is ‘privileged’ and cannot be used as evidence against the party that sent the letter.
- opposing party cannot rely upon any document marked WP.
What is a licence?
- A right to enter a property
- A personal arrangement between the licensor and licensee.
- The licensee acquires no interest in the property.
- Merely a personal right which ca be terminated by either party.
What are the requirements of a lease?
- Exclusive Occupation
- Payment of Rent
- Duration for a specified term.
- If more than 3 years, the terms must be in writing, signed and registered as a deed.
What are the differences between a licence and a lease?
- A lease provides an occupier with an estate in the relevant land - a licence is a permission to make it lawful for them to use the land.
- A lease can be assigned - a licence is normally a personal right that cannot be assigned.
- A lease cannot be terminated until it expires (unless there is a break clause) - a licence can usually be revoked at any time.
What did Street v Mountford (1985) set out?
The difference between a lease and a licence.
What is a Tenancy at Will?
- Form of a licence created by written agreement for an unspecified time.
- Landlord can evict at any time.
- Can be used for allowing a tenant early entry for fit out works.
- Can be used whilst agreeing a new contracted out lease after expiry of the previous lease.
What is a a Wayleave?
- Temporary right and receives annual payments - electric company to install and retain their apparatus.
- Cannot automatically be transferred to new owner as it is personal to the company.
- It is not compulsorily registerable.
What is an Easement?
- Permanent right and receives a capital payment
- Capable of being registered at Land Reg.
- Allows a right by one party over the land of another.
- A prescriptive right of way - obtained by continuous use of more than 20 years.
- A permissive right can be granted by a landowner to allow access over land.
What is adverse possession?
- Process by which a person who is not the legal owner of the land can become the legal owner.
- If land is registered: Pre-2003 = 12 years , Post 2003 = 10 years
- If land is not registered then 12 year rule.
What are usual assumptions within Rent Review clauses?
- Available to let on open market by a willing tenant and a willing landlord for a term of years as stated.
- Fit for immediate occupation and use.
- All covenants observed by landlord and tenant.
- Property may be used for purpose set out in lease.
What are usual disregards within Rent Review clauses?
- Effect of Goodwill on tenants occupation
- Goodwill attached to the property
- Tenants Improvements
What is the notional/hypothetical term of a lease?
The length of term to be value (at review). If not stated the assume the residue of the term (Basingstoke and Deane Borough Council v Host Group)
If time is not of the essence, how late can you trigger a rent review?
- If the lease still exists there is no time limit to initiating the review. (see United Specific Holdings Ltd v Burnley BC 1977 and Bello v Ideal View 2008).
- Once review is triggered there is a 6 year period to collect uplifted rent (Limitation Act 1990).
Can post-dated evidence be used for a rent review?
Yes.
- Court held that this is admissible provided it supports circumstances which could have been known about at the effective rent.
- A timeline can be used to devalue post-dated evidence.
What is a Headline rent review clause?
When the basis of valuation cannot consider any incentives agreed when analysing a comparable of a letting to arrive at a net effective rent.
These are not common.
