Landlord & Tenant Flashcards
How can you contract a lease outside of the security of tenure provisions of the Act?
One can use either a statutory declaration or a simple declaration, but a statutory declaration must be used if lease completion is within 14 days. A simple declaration does not need to be signed by a lawyer, but a statutory declaration does.
What is a “hypothetical lease”?
A hypothetical lease ina rent review clause reflects the assumptions and disregards in the rent review clause when considering the rent to be reviewed
What were the main changes under the Landlord & Tenant Covenants Act 1995?
The introduction of Authorised Guarantor Agreements and abolition of privity of contract
What is the process for a Landlord to not renew a protected lease?
Under the L&T 1954 Act, a Landlord may serve a hostile Section 25 Notice to a tenant not more than 12 months before the lease expiry date. The Notice must specify a lease end date between 6 and 12 months from the date the Notice is served but cannot be before the end of the lease expiry. They may only do so on the following grounds contained in Section 30 of the Act:
a) Tenant’s failure to comply with repair obligations
b) Tenant’s persistent delay in paying rent
c) Tenant’s breaches of other obligations or use or management of the premises
d) Landlord has offered suitable alternative accommodation
e) Landlord requires the whole of the premises for subsequent letting (applies only where the lease in question is an underlease of part)
f) Landlord intends to demolish or reconstruct the premises
g) Landlord intends to occupy the premises himself
Is there any compensation due under a hostile S25 Notice?
What is meant by “time is of the essence?”
Does a Rent Review have to be determined before the RR date if time is of the essence/what are the implications of a time is of the essence clause?
What is Section 30 of the L&T 1954 Act?
It contains the grounds for non-renewal of a protected lease following the serving of a hostile S25 Notice, grounds a, b and c are tenant fault grounds, whereas d-g are non-fault. These are:
a) Failure to keep the premises in good repair
b) Persistent non-payment of rent
c) Other serious breaches of covenant
d) - LL proposal of alternative (suitable accommodation)
e) Uneconomical subdivision
f) LL intention to demolish or reconstruct
g) LL intention to occupy
Is there any compensation due to a tenant if a hostile S25 is served?
If a hostile S25 notice is served on grounds d-g, 1x RV is due to tenants who have been in occupation less than 14 years, 2x RV due to tenants who have been in occupation for more than 14 years
