Landlord & Tenant Flashcards by Nico Haritou

What is the leasehold property and repairs act 1938?

Protects tenants from the risk of having their leases forfeited for disprepair or being sued for damages. I.e certain conditions must be satisfied in order to claim damages.
- S.146 notice served
- S.146 notice served at least 1 month before claim
- Referred to tenants rights in the notice itself

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What tenancy does the leasehold property repairs Act 1938 apply to?

Tenancy with a term of at least 7 years and has 3 years unexpired

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What is the benefit of service S.25 notice at 6 months?

In a rising market, try to achieve highest rent possible

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How might a tight user clause affect a Rent Review?

Might decrease the rent achievable

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What is the Landlord and Tenant Act 1730

Allows the landlord to charge a tenant double the annual value of the premises for unlawfully remaining in them after the previously agreed end date

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What is a deeming provision

Clause that states exactly how something is to be treated or regarded

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What are the 5 types of repairing covenant

To put in repair
To keep in repair
To leave in repair
To repair, replace and renew
Fair wear and tear expected

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What case law established the concept of a Calderbank offer?

Calderbank vs Calderbank (1976)

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What does the L&T Act 1927 say?

Sections 1-3 allow tenants to carry out improvements even if prohibited by the lease and allows them to claim compensation at lease end.
Section 18 is the limit on landlords claim in damages for a breach in repairing covenant
Section 19 is landlords consent cannot be unreasonably withheld in relation to alienation

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What is the leasehold property repairs Act 1938

Amends law and protects tenants from the risk of having their leases forfeited for disrepair or being sued for damages – certain conditions must be satisfied in order to claim damages

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What is the law and property act 1925?

Introduces S.146 notice

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What are the grounds to oppose under section 30?

Breach in rent payment
Breach in other lease covenant
Breach in repair covenant
Suitable alternative accommodation
Uneconomic subdivision
Refurbishment / redevelopment
Owner occupation

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Why did you advise that solicitors review the Tenant break notice at Glasshouse Yard

To protect landlords interests and ensure that the notice was valid

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What were the pre conditions at Glasshouse Yard break

Landlord – 6 months prior written notice

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Discuss what you would have done differently if the tenant at Unit 29 Bourne was outside the Act

Tenant would have no security of tenure, so may have approached negotiation slightly differently as no ADR.

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What is the interim period under the 1954 Act?

Section 24a of the 1954 act
Interim rent is payable after expiry of the contractual term and before formal lease renewal has completed (only if applied to court for interim rent)
Set at market rent

What notices did you serve on the Tenant at Unit 29 Bourne Industrial

Section 25 friendly

What is in a S.25 notice?

Property information
Tenant and Landlord information
Notice of date to end tenancy
Confirmation on whether new lease is offered or opposed
Confirmation on timescales for response
Proposal for new tenancy or grounds for opposition
Strong recommendation to seek professional advice

What are the usual assumptions a rent review

Willing landlord and willing tenant
Vacant
Property available for immediate occupation
Complied with other lease terms
Hypothetical term
Premises used for purpose set out in the lease

What are the usual disregards a rent review

Tenant occupation
Alcohol licence
Goodwill
Lawful improvements

What does time of the essence mean?

Time is material to the provision of the contract (i.e needs to carried out by a specified period)

What if you couldn’t agree on the rent review at Compass House?

Independent expert but can award costs

What is adverse possession?

When a person who does not have legal title to a piece of property may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner

When can you claim adverse possession?

Land Registration Act 2002
Continuously in occupation for 12 years if before 2002 and 10 years after 2002

What’s the difference in a valuation at lease renewal vs RR?

Lease renewal is dictated by the 1954 act and Rent Review is dictated by the lease

Can you CRAR a licence?

No, can only CRAR a tenancy with exclusive possession and rent

You mention in your submission that you acted on behalf of your client in respect of a lease renewal at Unit 29 Borne Ind Estate, Crayford What was the first notice you served on the Tenant;

Section 25

What effect did this have in terms of bringing the existing tenancy to an end?

Notice must specify the date on which the tenancy is to come to an end, must be served not more than 12 and not less than six months before the termination date specified. Therefore in the example in the submission, the tenancy would hold over until the termination date in the s25 notice.

What details were contained within the section 25 notice?

The property to be comprised in the new tenancy, the rent to be payable under the new tenancy and the other outline terms.

What advice would you have given you Client if the property was over-rented?

Do nothing – allow the tenancy to hold over with the tenant paying the higher rent. However, for security of income, serve notice

You were aware from discussion with the tenant that they were keen to remain in the unit and agree a new lease. If you had not served a section 25 notice, how else could the existing lease have been terminated?

Landlord and tenant agreeing a new tenancy brings the existing tenancy to an end under section 28 of the Act.

What advice would you give your client if the Section 25 notice had been due to expire and an agreement for the new lease had not yet been reached?

Apply to court for an extension of time before the end of the statutory period

Which section of the LTA 1954 deals with this?

Section 29B

If your client wanted the new lease to be contracted out of the 1954 act, how would you go about doing this?

Landlord serves a warning notice; tenant then has to sign a simple or statutory declaration accepting the position that the rights are excluded from the lease. Lease clause refers to exclusion of s24-28.

You also mention that you acted on behalf of your Landlord client in relation to the rent review at Part Ground, First and Seconds Floor, Compass House; How does the valuation basis for a rent review differ from that for a lease renewal?

The basis for a lease renewal is prescribed by the 1954 act, not the lease.

What assumptions and disregards were contained within the rent review clause?

Assumptions - Ready to be let on the open market, fit for immediate occupation, L&T have complied with all covenants, used for the purpose stated in the lease. Disregards – good will on the tenant, good will on the property, tenants improvements

What would you have done if the tenant had disputed the level of rent that you were proposing?

Referred the matter to third party determination – arbitrator or independent expert.

What do you understand a Calderbank letter to be?

Unconditional offer to settle on specified terms. Must contain a written offer to settle, proposal regarding costs incurred up to the date of the offer, timeframe for accepting the offer, and is made without prejudice save as to costs.

What are the positives and negatives of specific ADR

Litigation – costly, lengthy Mediation – non binding but quick and less aggressive Independent Expert – expert decisions, binding, but expensive Arbitration – can’t act on own expertise, can’t delegate duties, binding