Landlord & Tenant Flashcards
What is the Landlord & Tenant Act 1927?
It sets out alterations may constitute improvements. It provides compensation for improvements.
What is the Landlord & Tenant Act 1954?
It provides security of tenure to business tenancies.
What is a section 25 notice?
It is a landlord’s notice to either renew or oppose a new lease.
What is a section 26 notice?
It is a tenant’s notice to request a new lease.
What is a section 27 notice?
It is a tenant’s notice they will be vacating at lease expiry.
what is section 28?
It states that if a new lease is agreed in the future, the current lease loses it’s security of tenure.
What is section 30?
It sets out grounds for a landlord to oppose a new lease.
What are the 7 grounds to refuse a new lease under section 30?
a) A breach in repairing covenant
b) persistent delays in payment of rent
c) Other substantial breach of other clause
d) Landlord providing suitable alternative accommodation.
e) uneconomic sub-division
f) demolition / reconstruction
g) Landlord to take possession
What is section 29?
order by court for a new tenancy.
What is section 38A?
Contracting outside the Act.
What is section 40?
request for information.
What are the four usual assumptions for a rent review?
- Property available to let on open market by a willing landlord and tenant for a term of years stated.
- Property is fit and available for immediate occupation and use.
- All covenants observed by landlord and tenant
- Property can be used for what is set out in lease
What are the three usual disregards?
- Any goodwill on the tenant’s occupation.
- Any goodwill attached to the property
- tenant improvements
What is the ‘notional term of the lease’?
The length of term to be valued (hypothetical lease)
What is time of the essence?
It is a condition in a rent review clause that requires it is carried out in a set time period.