Landlord & Tenant Flashcards
Legislation?
- Landlord and Tenant Act 1927 (Alterations)
- Landlord and Tenant Act 1954 (Security of tenure)
- Landlord and Tenant Act 1988 (Assignment)
- Landlord and Tenant (covenants) Act 1995 (Privity of contracts)
- Regulatory reform (Business Tenancies) Order 2003
- Arbitration Act 1996
RICS Guidance?
- Code For Leasing Business Premises, 2020 (PS)
- Comparable evidence in real estate valuation, 2019 (GN)
- Surveyors acting as expert witnesses, 2020 (PS)
- Dilapidations in England and Wales, 2016 (GN)
Lease renewal case law?
The Cavendish case (S Frances Ltd v Cavendish Hotel Ltd, 2015)
Court ruled in favour of tenant, finding LL did not meet s.30 grounds for forfeiture as they didn’t have a genuine intention to redevelop
Rent Review Case law?
Ideal view Ltd v Bello, 2009
LL successfully triggered a rent review 13 years after the review date because time was not of the essence
Pandemic rent case law?
WH Smith v Commerz Real Investment mbh, 2021
- Established pandemic rent suspension clauses as norm
- Trigger was the standard non-essential retailer closing, not them having to close completely as no footfall in Westfield
Turnover Rent case law?
W GP Ltd v JD Sports Fashion plc
- unless it is the market norm, turnover rents aren’t appropriate at lease renewal as they don’t reflect market rent
Sections of the 54 Act
- S.24 - Protected tenancy continues
- S.25 - LL notice to end (6-12 months)
- S.26 - T wishes to renew (6-12 months)
- S.27 - T wishes to end (3 months’ following expiry of old lease)
- S.30 - Grounds for opposing new lease
S.38 - Health warning to contract out
Section 30 Grounds
A) Breach of repair
B) Persistent delay in rent
C) substantial other breach
D) alternative accommodation
E) Uneconomic subdivision
F) Landlord intends to demolish
G) Landlord intends to occupy
Lease or Licence Caselaw?
- Street v Mountford [1985] (exclusive occupation at a rent for a term = lease)
