Landlord & Tenant

Question 1

How do you determine the repairing obligations of an AHA tenancy?

Answer 1

Firstly check the agreement.
Then check Model Clauses, if amended etc.

Question 2

What is the full name of the Model Clauses?

Answer 2

The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015

Question 3

Name 3 items listed in the Model Clauses

Answer 3

Roofs - T to contribute £500 per annum, repair/replace beyond that is L
Electrics - T to repair/replace sockets, switches/light fittings, L to do everything else inc. EICR
Gutters/downpipes - T to keep clean. T to contribute to 50% of L’s works, L to repair/replace

Question 4

Is there any RICS guidance relating to measurement of properties?

Answer 4

Professional Standard
RICS Property Measurement 2nd edition 2018

Question 5

What does IPMS stand for?

Answer 5

International Property Measurement Standards

Question 6

Which IPMS is relevant when measuring an office space, such as The Lower Dovecote?

Answer 6

IPMS 3 - the floor area available on an exclusive basis to an occupier but excluding standard facilities

Question 7

How is an AHA rent review calculated?

Answer 7

5 key factors for arbitrator to consider

1. terms of tenancy
2. character and situation of holding
3. productive capacity and related earning capacity
4. comparables
5. any other relevent factors (BPS, marriage val, non-ag income)

Question 8

What are the relevant dates in regards to AHA successions?

Answer 8

before 12th July 1984 = capable of succession
tenancies after, succession could be noted in agreement
1st September 1995

Question 9

Which act governs FBTs?

Answer 9

Agricultural Tenancies Act 1995

Question 10

Are you aware of the succession criteria for an AHA tenancy?

Answer 10

Suitability
Eligibility (family)
Principle source of livelihood
Commercial unit test (until 1st September 2024) (must not be in occupation of another commercial unit of land)

Question 11

What rent did you advise for the Joiners Shop?

Answer 11

£6.50/sq.ft