Landlord & Tenant Flashcards
Terms of Engagement: What must be agreed in writing at the start of the instruction ?
- That you are competent
- That there are no conflicts of interest
- You refer to the standard Terms of Business that will apply alongside the Terms of Engagement task
Terms of Engagement: What can fees for rent reviews or lease renewals be based on ?
- A fixed fee (e.g Part 1 report, Part 2 negotiations)
- Incentivised fee (e.g % of uplift achieved or saving made)
- An hourly rate (common in expert witness work)
With regards to the L&T Act, what does it mean if a lease is silent ?
If there is no mentioned of being contracted inside or outside of the landlord and tenant act 1954, the lease is silent and therefore is INSIDE the security of tenure provisions of the Landlord and Tenant Act 1954 (sections 24-28).
What does without Prejudice mean ?
‘Without Prejudice’ means that during negotiations, the opposing party cannot rely upon any document or discussions held, which are labelled ‘Without Prejudice’
The information is therefore privileged and cannot be used as evidence against the party that sent / shared it.
What is a licence ? (4)
- A right to enter property
- a personal arrangement between licensor and licensee
- The licencee acquires no interest in the property
- It is merely a personal right which can be terminated
What is a Lease ? (4)
- Exclusive possession
- Payment of rent
- Duration of specified term
- If more than 3 years, the terms must be in writing, signed as a deed
What are the 3 main differences between a lease and a licence ?
- A lease can be assigned, whereas a licence normally a personal right and cannot.
- A lease cannot be broken until expiry or break, whereas a licence can be revoked at any time
- A lease provided exclusive possession of property, whereas a licence grants legal use of land
What is the Case Law relevant to Leases and Licences ?
Street v Mountford 1985
Sets out the differentiation between a lease and a licence
What is a Tenancy at Will ?
- A form of licence
- agreed in writing
- for a unspecified period of time
[Landlord can evict whenever and there is no legal interest]
When would you use a Tenancy at Will ?
(fitting out time) To give a tenant early access to a property during lease agreement for fitting out
(lease renewal) Whilst a tenant is agreeing a new, contracted out lease terms after expiry
What is a Wayleave ?
Temporary right and receive an annual payment.
e.g Provides a right for an electrical company to install and retain apparatus
What is an Easement ?
A permanent right and receives a capital payment, allowing a right enjoyed by one party over the land of another. Can be registered with Land Reg
How can a perscriptive right of way or perscriptive easement be obtained ?
Continuous and uninterrupted use being proven over a period of 20 years or more
Who can grant a permissive right ?
By a landowner to allow access over the land. They are not public rights of way and the public do have a right to use them.
There is usually signage in place to confirm that this is a permissive right of way
What is Adverse Possession
When a non-legal owner of the land has had possession of registered land for 12 years, can become the legal owner through possession.
[Land Registration Act 2003]
Before 2003 - registered land and 12 years possession = ownership
After 2003 - registered land and 10 years possession = ownership
After 2003 - non-registered land and 12 years possession = ownership
