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APC > Landlord & Tenant > Flashcards

Landlord & Tenant Flashcards

1
Q

What are landlord and tenant functions?

A

Lettings
Rent review
Renewal
Alienation
Subletting
Dilapidation
Appointing of landlord and tenant surveyor

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2
Q

What is the difference between an arbitrator and an independent expert?

A

Arbitrator - someone who is appointed bound by contract to assess evidence provided
Independent experts - makes own enquiries

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3
Q

What is alternative dispute resolution?

A

Mediation?
Arbitration
Negotiation

PACT

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4
Q

What is sections are excluded from a contracted out lease?

A

Sections 24 to 28 on the landlord and tenant act 1954.

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5
Q

What happens when a 99 year ground lease ends?

A

Section 25 notice must be served by the landlords to grant/refuse a new tenancy

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6
Q

What is the difference between a sub-let and assignment?

A

Subletting is transfer of part/hold interest. Tenant is effectively landlord. Liabilities and obligations under Lease not removed.
Assignment is transfer of entire interest assignee. AGA would usually be required to protect the landlord.

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7
Q

Case law on landlord and tenant act, 1954

A

O’May v City of London real property company, 1983
Lease, renewal and terms relating to repair and service charge
Departure from current lease terms must be fair and reasonable in all circumstances

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8
Q

When is compensation due on the section 30 or the landlord and tenant act?

A

Uneconomic subdivision
Landlord to redevelop.
Landlord to occupy.

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9
Q

What is the code for leasing business premises February 2020 (1st edition)?

A

RICS professional statement
Improve standards and quality of negotiation on lease terms
Promotion of comprehensive, HOTS
Encourages both parties to seek legal professional advice

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10
Q

What is a Calderbank offer?

A

Genuine offer to settle
Parties to bear own cost and time limit for acceptance is 21 days
“Without prejudice, save as to costs “

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11
Q

Reasons for incentive?

A

Common within market.
Competitive offer.
Incentive to deal and make proposal more attractive.
Rent free period or capital contribution

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12
Q

What information does a section 25 notice contain?

A

Name and address of the landlord and tenant
Date of tenancy ends
Confirmation if new lease to be granted
Confirmation of dates response is required by
Landlord proposal for new tenancy, including rent
If the landlord opposes a new lease, grounds for opposition under section 30
Recommendation to seek professional advice

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13
Q

What are the landlord ground for opposing a new lease under section 30?

A

Breach of repair or substantial breach
Persistent rent delay
Suitable alternative accommodation can be provided
Landlord to let property as a whole
Landlords to demolish/refurbish
Landlord to occupy
Tenancy was created by sub-let

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14
Q

How is statutory compensation calculated on the L & T act 1954?

A

Occupation for less than 14 years = x1 RV
Occupation for more than 14 years = x2 RV

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15
Q

What would you do at the end of excluded tenancy?

A

Take instruction from client on whether or not a new tenancy is to be offered
Confirm terms and rent

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16
Q

What is an AGA?

A

An authorised guarantee agreement
Outgoing tenant guarantees obligations of the lease that has been assigned
The landlord and tenant (covenants) act, 1995

17
Q

Sections 24 to 27 of L&T 1954?

A

Section 24 - tenancy continues until notice is served by L or T. Also covers interim rent.
Section 25 - L to end/grant a new lease. 6-12 months notice.
Section 26 - T wants to renew, 6-12 months notice. L has 2 months to oppose with Grounds under S.30.
Section 27 - T wants to end tenancy, 3 months notice or longer.

18
Q

What notice do you serve to recover arrears from a tenant?

A

Section 17 notice
The landlord and tenant (covenants) act, 1995

19
Q

What is the estate agents act?

A

Estate agents act, 1979
Applies to sale or purchase of freehold or leasehold properties
Leasing and letting not required to follow.
National trading standards estate and letting agency team enforces the act

20
Q

What notice is served for breach of lease?

A

Section 146 notice on the law of property act 1925
Breach of lease - tenant to remedy the breach or lease to be terminated/forfeited
Tenant has 28 days to serve counter notice

21
Q

Landlord and tenant (covenants) act, 1995

A

States circumstances where consent to an assignment can be withheld, or conditions to which consent will be given

22
Q

What is disregarded on rent reviews?

A

Rent review clause will define assumptions and disregards.
Disregards are such as Goodwill tenants improvements, fit out.

23
Q

Legislation on rent reviews?

A

Sheerness Steel Co v Medway Ports Authority - clear that a tenant should not have to pay an increased rent for the improvements they made at their own expense.

24
Q

Section 34 L&T Act 1954 is…?

A

Improvements
Improvements made before lease may still be disregarded if they were completed no more than 21 years before application for lease renewal

25
Q

Section 38A L&T Act 1954?

A

Contracting out procedure
Can end lease without justifying actions or paying compensation under section 30 grounds, or offering a new lease
Mechanise introduced in 2003 for contracting out

26
Q

What is the contracting out procedure?

A
  1. LL serves warning notice to tenant stating specific rights being waived
  2. Tenant makes simple or statutory declaration acknowledging they understand consequences (notice has to be served 14 days prior minimum for simple declaration)
  3. Lease includes endorsement referring to landlords notice and tenants declaration.
27
Q

What is a tenants improvement defined as?

A

An alteration that goes beyond repair.

28
Q

Reasoning behind disregards on rent reviews?

A

Assumed that the property will be in a better condition than when the tenant took it on, and so will be more appealing to the market and as such would command a higher rent.
Tenant would be disadvantaged twice - cost of the fit out and then the rent increased based of their works.

29
Q

What dictates a rent review?

A

The rent review clause within the lease should state the mechanics of the review and how it is calculated.

30
Q

What is ‘Time of Essence’?

A

Means that timing is material to the performance of the contract. I.E. needs to happen within a set time frame.

31
Q

What is the difference between a licence and a lease?

A

A licence is a contractural permission to occupy a property but does not grant any property rights or exclusive possession. You cannot buy or sell a licence and it provides no security of tenure. It also creates no legal interest in the property.

A lease is a legally binding contract that grants exclusive possession during the lease period. Also creates legal interest in the property meaning terms of the sale of the property are subject to tenants lease.

32
Q

Case law for lease vs licence?

A

Street v Mountford [1985].

Lease is characterised by grant of exclusive possession of a property, for a term and at a rent.

APC (10 decks)

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