Landlord & Tenant Flashcards
What must be included in a section 25 notice?
Name and address of the landlord an tenant
Address of the property
Notice of the date to end the tenancy
Section 23 states that to gain protection under the act, what 6 basic elements are required under a business tenancy?
It is a tenancy
The premises must be used for a business
Occupancy for more than 6 months
What are the 7 grounds for refusal of a new lease under section 30?
A. Breach of repairing covenant
B. Persistent late rent payment
C. Other substantial breach
D. Provide suitable alternative accommodation
E. Uneconomic subdivision (Compensation payable)
F. Demolition or reconstruction (Compensation payable)
G. Owner occupation (Compensation payable)
A-E are discretionary and the court will decide whether it is reasonable. F & G are mandatory
Give an example of a court case in L&T regarding the difference between a lease and a license
Street Vs Mountford: The court deemed that despite being labelled a license agreement, the agreement granted
What is the difference between a lease and a license?
A lease passes no interest on the land but only makes lawful what would otherwise be unlawful - Murdoch 1998
A license is:
A right to enter a property
A personal arrangement between licensor and licensee
Licenses acquire no interest in the property
The differences:
A lease can be assigned
Leases cannot be terminated until they expire
Leases provide the occupier with an estate in the land
A Lease must grant exclusive occupation, must have payment of rent, a specified term, if longer than 3 years, must be signed and registered as a deed.
Leases cannot be terminated until they expire, licenses can usually be terminated at any time by either party.
Leases can be assigned, licenses can’t
If exclusive possession is longer than 6 months, it is likely to be a Lease.
Section 37 - If the Landlord obtains possession, tenant is due compensation for disturbances:
If compensation is payable by the Landlord after they have served a section 25 notice, how is the compensation calculated?
If the tenant had been in occupation for less than 14 years, the compensation payable is 1x the rateable value at the time of the s. 25 being served.
If more than 14 years, the compensation payable is 2x the rateable value
If there is no mention of the Landlord & Tenant act 1954, is the lease inside or outside of the security of tenure provisions?
It is inside, as a simple or statutory declaration must be made to exclude a lease from these provisions
What needs to be included in a section 26 notice?
This must be served not more than 12 months and not less than 6 months prior to the new tenancy commencing
It must be in the prescribed form and include:
The tenant’s proposals for a new lease, including the proposed rent
If a landlord wishes to serve a counter notice, this must be done within 2 months
What is a Calderbank letter?
This is a letter that is served seeking to achieve early resolution of a dispute and the escalation of costs and must be headed “Without prejudice save as to costs” as the losing side will have to cover the other side’s recoverable costs (avoids the equal awarding of costs)
What is the difference between an Arbitrator and an Independent expert?
Evidence - Arbitrator uses information provided and arguments submitted by the parties whereas Independent expert has a duty to undertake their own investigation and do not have to consider the evidence provided.
Negligence - Arbitrator cannot be sued and is not liable for negligence but an independent expert can be liable for damages because of negligence.
Arbitrators act under the Arbitration Act 1996, no legislation for independent experts
What is an expert witness?
A chartered surveyor that must provide and be seen to be providing impartial and objective evidence
They have a duty to the court
The evidence must be the independent work of a surveyor
They must believe that the facts they rely upon are true
Where should a rent review be documented?
Within a rent review memorandum (signed by the parties), kept with the lease
What is a Calderbank?
Using this can achieve early resolution of a dispute
A letter that must be served with “Without prejudice, save as to costs”
The losing party will have to pay the other side’s recoverable costs
What do you do if a Rent Review dispute is going to third party?
READ THE LEASE - Establish the method of determination (in the rent review clause)
Arbitrator or Independent Expert?
Time of the Essence - What does this mean?
Give an example
A party can only request action on an aspect of a lease such as a rent review or break clause within a given time period. Failure to trigger the rent review within the time limit means that the right is lost
Example: United Scientific Holdings Vs Burnley Borough Council (1977)
Outcome: Time is not normally of the essence
What is a wayleave?
A temporary right that receives an annual payment
Example: It provides an electricity company with the right to install and retain their apparatus
What is an easement?
This is a permanent right and receives a capital payment (can be registered by land reg)
It allows one party rights to enjoy use of land owned by another
What does without prejudice mean?
During the period of negotiations, the opposing party cannot rely upon any documents that are labelled “without prejudice”
