Landlord & Tenant

Question 1

What is a CFA

Answer 1

A “partnership” between a landowner /farmer and a contracter. Farmer directs contarcter to carry out practical operations and management of crop.

Question 2

Where are the roles and operations outlined in a CFA?

Answer 2

The contract

Question 3

What does the farmer contribute? what does the contracter contribute?

Answer 3

F: Buildings, land and fixed equipment. C: Expertiese, labour and machinery.

Question 4

What is the overall standing of a CFA?

Answer 4

F takes all the financial risk and resposibility for regulations. C provides the services.

Question 5

FBT 1995 key date?

Answer 5

1 September 1995

Question 6

What is an FBT?

Answer 6

Can be oral or written. No security of tenure is given. In order to be an FBT must comply with two conditions (agricultural and business) or notice conditions.

Question 7

What is an FBT agriucultural condition?

Answer 7

Must be satisfied at date of challenenged and requires that the character of the FBT to be wholly or partially agriculture.

Question 8

What is an FBT business condition?

Answer 8

Since the start of the tenancy, all or part of the land must be farmed for the purpose of a trade or business.

Question 9

What are the two notice conditions?

Answer 9

To be fulfilled on or before the day upon parties eneter into any instrument creating a tenancy.
1) identifies land to be entered into tenancy (by name or map)
2) contains a statement to the neffect that the person giving the notice intends that the tenancy is to be and to remain a FBT throughout the term.

Question 10

Do the FBT notices need to be in a prescribed form?

Answer 10

No

Question 11

What is the statutory fallback provision for FBT for rent reviews?

Answer 11

3 years

Question 12

How is rents determined? FBT

Answer 12

Arbitrator must determine the open market at which the holding is expected to produce by a willing and prudent T and LL taking account all relevant factors.

Question 13

What does an Arbitrator disregard when determining rent? FBT

Answer 13

1) T improvement
2) T diladidations
3) T in occupation

Question 14

What does the Arbitrator have reard to when determing rent? FBT

Answer 14

1) terms of tenancy including
2) comparables
3) holding characteristics

Question 15

What should LL or T consider when drafting tenancy in terms of RR?

Answer 15

1) frequency
2) rent amounts - remain the same? increase to specified amounts at specified intervals (phased) ?

Question 16

What notice should a LL or T serve for a RR under FBT?

Answer 16

S10

Question 17

If an AHA is oral and a party wants it in writting, what can they do?

Answer 17

Service s.6 notice.

Question 18

Relevant legislation, process, timescales and bases of rent review for AHA?

Answer 18

S12 notice/ trigger notice. Served 12 months prior to the next termination date. Rent payable is determined by what a willing and prudent LL & T would pay to let the property having regard to the terms, market conditions and the characteristics of holding.

Question 19

What should be in a AHA RR S12 notice?

Answer 19

1) clearly identify parties and holding
2) demand that the rent properly payable be referred to arbitration at next termination date.

Question 20

Process to follow if AHA RR cannot be agreed?

Answer 20

Arbitration then the decision will be final and legally binding. - dispute resolution

Question 21

What are the methods if a dispute arises

Answer 21

Mediation
Arbitration
Expert determination
The courts
Tribunal

Question 22

What is the time limit for LL to reply AHA succession application?

Answer 22

28 days

Question 23

What are the two types of improvements for ATA?

Answer 23

Physical improvements
Intangible improvements

Question 24

What does S11 of LTA 54 act determine?

Answer 24

LL are responsible for all external repairs e.g. roof, chimney, guttering, walls ect

Question 25

What are capped deposits under tenant fees act 2019

Answer 25

Five weeks rent under annual £50,000
Six weeks rent above annual £50,000