Landlord & Tenant Flashcards
Tell me about a challenging L&T case you have dealt with?
Kennington Road - Inside the Act
Non hostile S25 from the Landlord. Rent was out of line with comparable evidence
Advised the client to not accept this. Tenant was financially unstable and were worried they would go bankrupt.
I had to negotiate flexible lease terms
Advise the Landlord of comparable evidence
Negotiations were difficult and Landlord was going off one rental evidence
I had 3 others on the same row however were slightly poorer location
I advised on County County but very costly
Also PACT but both parties have to agree
Tell me about when and why you have served a Calderbank offer or other offer to settle
Without prejudice save as to costs offers Is to protect my client against the high costs of dispute resolution
Also secondary function is to focus disputing parties to reach an agreement if the dispute resolution has power to award costs
Kennington Lane - what did you include in your lease summary?
Property Address
Usage
Parties
Lease start / end
Current rent
Rent review basis
Security of tenure
Time was not of the essence
Arbitrator or Independent Expert ?
Talk me through your zoning
I took sufficient measurements to calculate the ITZA
Taking depths of 6.1m
This allowed me to compare the ITZA with other retail units
Kennington Lane - How did your opinion of market rent differ from the landlords?
The landlord was not appreciating the poor frontage and configuration.
314 Kennington Road - allowance
Qualified user clause - restrictive for competing up to 5%
The landlord was also trying to value the basement at A/15
Initial offer of £31,000
Landlord Calderbank at £29,000
Agreement at £28,000
Talk me through your negotiations at Kennington Lane
Current passing rent = £15,000
Landlord offered £31,000 pa
Asked for a breakdown of valuation and comparables
Applied no discount for configuration and poor frontage
Using 1 comparable (314 KL) at £64.50 ITZA
Basement value A/15
Calderbank issued at £30,000
All evidence of open market lettings with A/20 in basement and an allowance for poor frontage and shape
7.5% discount for poor configuration and shape
Agreed at £28,000 pa
What did you perceive the risks to be, given the landlord had served a Calderbank
If the matter proceeded to the Aribtration and the final decision is equal to or less favourable than the Landlords Calderbank offer, the tenant risks being liable for the Landlord’s legal costs
I advised the client that this was a negotiating tactic because:
1. Offer was greater than the market evidence
2. it was served right at the beginning of negotiations
3. I had good market evidence
Kennington Lane - could the landlord backdate to the first rent review in 2018?
With time being not of the essence there was a possibility of the Landlord backdating the rent review.
I advised the client of this
I said this was unlikely as now only discussing new rent review
If this did happen, I recommended to seek legal advice
United scientific holding v Burnley borough council
More recent case - ?? Ideal ?
Kennington Road - how did you check the S25 notice was valid?
Was served by a competent landlord defined under S44
Must be the freeholder or superior tenant with unexpired term of over 14 months
Also solicitors confirmed that this was valid
Kennington Road - How did you assess your clients financial situation?
Companies house
Looked at Income statement
I negotiated flexible break options
Why was all correspondence labelled without prejudice?
I was engaged in negotiations with the landlord
The information is privileged and cannot be used as evidence if later relied on in court
I also include subject to contract to make it clear that there is not a legally binding agreement until a formal contract is signed
Kennington Road - What dispute resolution option did you advise your client of?
The default option is County Court.
Advised the client could issue proceedings on the landlord
Court process starts with a case management conference, or pre trial review
A date for hearing is fixed, then the lawyers and witnnesses present a case & the court orders a new tenancy
Judge has discretion over costs
Tenant can choose whether to accept new lease
However very costly
Also likely that the court costs would supersede the rental offer over the new lease term.
There is PACT but must be consensual between both parties.
RICS and Law Society initiative
Solicitor can decide on non rent issues. Chartered surveyor on rent issues
Parties free to decide if Independent expert or as an arbitrator
Pre issue PACT (not issued proceedings to County Court)
Post Issue PACT (Issued proceedings to County Court, Court must sanction a referral under PACT)
Dispute resolution service or Law society for IE or Arbitrator.
Less costly
Faster
Kennington Road - Tell me about your negotiations and how you finally settled the rent review?
The current rent is £30,000 pa
They proposed £50,000 pa based off £65 ITZA
Asked for a breakdown of there valuation and comparables
Using comparables higher up the road nearer the tube
We had a disagreement in the floor areas
Disagreement in the comparables
vacant units around subject, this was evident in the financial position of the tenant
Rent free periods had been agreed with other units
Allowances should be reflected for the shape
Agreed at £35,000 pa
Tell me about an instance of when you have reflected market conditions on rental value
Kennington Road - empty units evident in clients financial status
Poor trade
Needed break options
How do you collate, analyse and adjust comparable evidence
Collate - costar, agents
Analyse - any incentives / effective rent
Adjust:
Handbook of Rent Review sets out the hierarchy of evidence
Open Market Lettings
Lease Renewals
Rent Reviews
Independent Expert Determinations
Arbitrator awards
Court Determinations under the L&T Act
Hearsay evidence
Sale and Leaseback
Surrender and Renewal
Inter-company arrangements
Tell me about a Landlord & Tenant negotiation you have been involved with?
Castle House Rent Review
Acting for the landlord
Conflict of Interest check
ToE signed
Clients objectives
Analysed the tenants lease
Rent review date - rent review basis
Evidence agreed at £75 per square foot within the building and other evidence on the same street
I initiated the rent review
Rent review memorandum issued
Tell me about a contracted in lease renewal you have dealt with?
Kennington Road - Inside the Act
S25 non hostile issued
Was served between 6 months and 12 months
liased with the solicitor
Asked for breakdown of valuation and comps
Disputed on areas and no allowances
Advised the client to show company accounts to indicate that trade not good
Vacant units
Landlord using evidence from higher up the street. More desirable
Achieves higher rent
ITZA was £65
How would you advise a tenant differently between a contracted in and contracted out renewal?
Contracted In
Client objectives
Would advise the tenant that they have security of tenure
S24 continuation tenancy at the end of the term
If the Tenant wants new lease, serve s26 (not more than 12 months and not less than 6months)
Landlord has 2 months to oppose
Tenant wants to vacate S27 (2) after the expiry date. (3months notice)
S27(1) is not mandatory
Section 25 (hostile) only on section 30 grounds
a. Breach of repairing covenant
b. Persistent delay in paying rent
c. Other major breach
d. Provide suitable accomodation
e. Uneconomic subdivision
f. Redevelopment
g. Owner occupation
E to G - compensation 1x RV up to 14 years 2x RV over 14 years
Section 25 (non hostile) must be served at the appropriate time and be served by a competent landlord (S44)
Stating new terms
Contracted out
Client objectives
Start negotiations early
Comparables
Consider alternative premises
Solicitors
What happens if a S25 is served and you pass the deadline?
Tenant loses security of tenure unless
There is a new lease in place
Either party has applied to court
The parties have agreed in writing for an extension to apply to court
Castle House - what did you observe in the lease?
Time was not of the essence
Rent review date
Rent review basis - market rent upwards only
Current rent
How did you instigate the rent review process at Castle House
Read the lease - in no prescribed form. I initiated the rent review 6 months before the review date
Initially contacted the tenant letting them know of the upcoming rent review and that there is evidence to suggest a rental increase
Castle House - talk me through your negotiations and what terms you agreed
£75 per square foot with 2 months rent free
In line with market evidence
What did you include within your rent review memorandum?
Name of landlord and tenant
Address of the property
Date of the lease and rent review
Confirmation of new rent agreed
Signed and dated by both parties
Clapham High Street - how did you determine the lease was outside the Act?
There was a clause within the lease
Therefore excluded from LTA Act 1954
How did you arrive at the net effective rent at Clapham High St
Straight line rent
Headline rent multiplied by rental term divided by overall term
What did you include within your heads of terms
Name of landlord and tenant
Address of the property
Description of the property
Rights
Length of term
LTA 1954 Protection?
Break clauses?
Rent
Rent review date
Rent free periods
rent deposits
Guarantors
Alienation requirements (prohibited, consent not to be unreasonbly upheld, permitted without consent)
FRI lease
Permitted use
Solicitor contact information
What terms did you settle on - Clapham
Tenant wanted a break at 3 years
Agreed but instead agreed on no rent free period
£30 per square foot
How was the new lease contracted outside the Act at Clapham High Street
Section 38a (strict procedures) - health warning and then Simple declaration signed by tenant and landlord
There is also a statutory declaration when less than 14 days warning
What happened if you did not conclude matters before the expiry at Clapham High Street?
The landlord could offer a tenancy at will
This is a written form of license for an unspecified time
Tell me about the Clapham High Street building
Victorian building
Structural partioning
Traditional office structure
Brick work facade
Pitched roof
Painted walls
LED lighting
Carpet floors
No A/C
No lift
How did the historic lettings differ to the asking rents
Historic evidence was reflecting Covid and WFH approach
Demand dropped
Current lettings showed the return of the office market
What happens if you can not agree on a new lease outside the act
termination
What happens if you can not agree on a new lease inside the act such as at Kennington Road
Issue proceedings
Default option is County Court
Costly, time consuming, lawyers, judges. The tenant has the option to accept the decision
Judge has discretion on costs
PACT - if both parties agree
Join initiative by RICS and Law Society
Can decide if the dispute resolver acts as Independent Expert or Arbitrator
The dispute resolver can be appointed by the Dispute Resolution Service
Faster, cheaper and greater flexibility.
Surveyor can decide on rent related terms
What would happen at Kennington Lane if you were unable to reach an agreement?
Application to RICS DRS £425 - often made by the Landlord. Will be mentioned in the lease
Application to Arbitration governed by statue with the Arbitration Act 1996
Power over all costs
The arbitrator relies on the evidence
Law - Arbitration Act 96
There is a limited appeal right
Has powers of disclosure (making new available evidence allowable)
Outcome is called an award
Is not liable for negligence
What is the LTA Act 1927
Provides compensation and goodwill for tenants relating to improvements
Tenant serves a notice of intent of improvements
Landlord can object within 3 months (section 3)
Tenant can apply to tribunal if objection
Landlord can do the works instead and ask for higher rent
Section 1 - landlord has to compensate the tenant for the works at the end of the term
What is the LTA Act 1954
Provides security of tenure for tenants
Section 24 - continuation
Section 25 hostile or non
Section 26 - T wants to new lease (2 months to object)
Section 27 (2) - after expiry the tenant wants to vacate (3 months notice)
Section 30 - grounds for refusal
What is the LTA (covenants) act 1995
The act abolished privity of contract, which means the original tenant is no longer responsible for the covenants of the lease after it has been assigned.
The act introduced AGAs for only the former tenant to guarantee the lease obligations.
The RICS Code for Leasing Business premises 2020 states that AGAs are common-practice however the former tenant should not seek going into an AGA if the new tenant is financially strong, good deposit, provides a good gurantor.
What is the LTA Act 1988
An Act to make new provision for imposing statutory duties in connection with covenants in tenancies against assigning, underletting, charging or parting with the possession of premises without consent.
Tell me about a key lease clause
Contractual term
Rent and Rent Review
Break Clauses
Use Clause
Repair and Maintenance
What is alienation
Tenant disposing of there legal interest
Assignment
Subletting
Alienation and different clauses
Allows tenant to pass on legal interest by assignment
Absolute (allowing alienation), open (subject to conditions) or restrictive (not allowing alienation or subletting)
The usual clause is that the landlord’s consent is not to be unreasonably withheld or delayed
Differences between assignment and subletting
Assignment - new tenant had a direct relationship (privity of contract) with the landlord
Subletting - new sub tenant has a relationship with tenant. Tenant pays Landlord
Tell me about your understanding of the Code for Leasing Business Premises
4 parts
- Intro
- Mandatory Requirements:
Negotiations must be in a constructive and collaborative manner
If other party is not represented by another RICS member or firm, I must make the other party aware of this Code and recommend seeking professional advice
Heads of Terms must be stated ‘subject to contract’ and have as a minimum the HoT template - Lease negotiation best practice
This includes specific advice on lease terms to include, deposit, servce charges, rent reviews, repairs and alienation clauses - Appendices, template HoT
Tell me about how you would summarise a lease and what terms you would be looking out for
Summarise:
1. Tenant & Landlord
2. Address
3. Contractual term
4. Rent & Rent Review
5. Use
6. In or out the Act
7. Alienation
8. Repair and Maintenance
What is the Regulatory Reform (Business Tenancies) Order 2003
Changes in how to contract out of the L&T Act
Previously needed a court order
Now both parties need to sign a Statutory Declaration before lease starts
Also states that the County Court can agree a 15 year term
What is the role of an expert witness?
An expert witness has a different role to an independent expert
An expert witness presents evidence to the dispute resolver
Expert witness must:
1. Adhere to the rules of the tribunal and in accordance with RICS Practice Statement and Guidance Note for Surveyors acting as Expert Witnesses 2023
2. Practice Alert on expert witnesses in 2024 regarding the bad quality of performance by RICS members
3. Primary duty is to the tribunal
4. Only accept responsibility if they have experience, knowledge, qualifications and no conflicts
5. Not biased
6. Not appointed on a success related fee basis, otherwise potential for for no weight being applied. Gardiner & Theobald LLP v Jackson
7. Expert witness roles for: Arbitrator / Independent Expert (rent review) or County County / PACT (lease renewal inside Act)
What are the options open to a party in a disputed rent review
I would have to look at the lease and see what options are stated because I know the key differences between the roles of an Arbitrator and an independent expert
What is Mediation
an informal neutral mediator who trys to resolve a dispute and find solutions before going to a dispute resolution proceeding
How does an advocate differ from an expert witness
Advocate owes a duty to the client and to act fairly to the tribunal
Advocate must adhere to RICS Professional Statement and Guidance Note for Surveyors acting as Advocates 2017
Advocates must give a valuation must not their opinion
What resolution processes fall outside the scope of court litigation
Alternative Dispute Resolution
1. Independent Expert (rent review)
2. Arbitration (rent review)
3. PACT (lease renewal)
4. Centre for Effective Dispute Resolution (Complaints)
ADR is faster, cheaper and greater opportunity for negotiation
How much does it cost to submit a RICS DRS Application and why need to
£425
When rent review not being resolved and need to appoint either a Independent Expert or Arbitrator
What is PACT
PACT - dispute in lease renewal
Both parties need to agree
Join initiative by RICS and Law Society
Can decide if the dispute resolver acts as Independent Expert or Arbitrator
The dispute resolver can be appointed by the Dispute Resolution Service
Faster, cheaper and greater flexibility.
Surveyor can decide on rent related terms
What is a break clause
A clause in the lease which allows both parties or just one party to terminate the lease early.
Can be a fixed date or a rolling break
Correct conditions will be stated
Tell me about your understanding of interim rent
S24A of the LTA 1954
Interim rent is the rent payable after the expiry of the contractual term and before a formal lease renewal has been completed
Only triggered after a S25 or S26
Interim rent is only payable from the earliest date specified in the S25 or S26
Usually the current rent
However, if market has changed this can be less than current rent
What happens if not happy with decision from the tribunal
Can only apply to the High Court within 28 days of the Award on three grounds:
1. Challenge to the tribunals jurisdiction
2. On a point of law
3. Serious irregularity
What are the Civil Procedure Rules?
To make litigation quicker and cheaper
Encourage settlement
have only come across part 36
Can you serve a Calderbank offer at a lease renewal
Yes but must be consolidated by solicitor. This could take the form as a Part 36 - relevant when heading to a County Court
What section relates to the lease renewal rent
Section 34 - basis of valuation at open market value let to a hypothetical tenant. Taking into account disregards such as:
1. Any goodwill
2. Any effect on rent of the tenants occupation
3. Tenant improvements, unless an obligation or made longer than 21 years ago
4. No effect on licenses
Tell me about the LTA 1954 in relation to contracting out
Section 38a sets out the procedure which must be followed
The landlord serves a ‘health warning’ warning the tenant that the proposed lease is not protected
Statutory declaration must be signed
No compensation will be payable
This must be completed before the lease is signed
Section 40
a notice requesting information about either party
What is the difference between a lease and a licence
Street v Mountford 1985 sets out the differentiation
3 main differences is:
- A lease provides an occupier with an estate in the relevant land - a licence is a permission to make it lawful to use the land
- A lease can be assigned - a license is normally a personal right that cannot be assigned
- A lease cannot be terminated until it expires (unless break clause) - a license can usually be revoked at any time
A license
A right to enter a property
Personal arrangement between the licensor and licensee
Licensee acquires no interest the property
Merely a personal right which can be terminated by either party
Four requirements of a lease:
1. Exclusive occupation
2. Payment of rent
3. Duration for a specified term
4. If more than 3 years must be in writing, signed as a deed
Tell me about the terms of a new lease in relation to a contracted in lease renewal?
The County Court can only grant a maximum of 15 years. Both parties are free to agree longer
How can a tenant quit a contracted in lease
Tenant can just vacate or serve section 27(1) giving at least 3 months notice
or if served s24 then a section 27(2) needs to be served giving at least 3 months notice
What to write at top of email to ensure information is relied upon as evidence
Without prejudice and subject to contract
Used during negotiations
Another name for a Calderbank
Without prejudice save as to costs
What does time of the essence mean?
There is a deadline such as a break clause
Rent review
When do notices need to be served a rent review
Depends if time is of the essence
What is the valuation date at lease renewal?
The commencement date of the new tenancy
What are the different types of rent review
Market rent
CPI linked
T/O
What is a hypothetical lease?
Usual assumption that the property is available to let on open market by willing tenant to a willing landlord for a term of years as stated
What is a rent review assumption and disregard
Assumption:
1. Property is available to let on open market by willing tenant to a willing landlord for a term of years as stated
2. Property is fit and available for immediate occupation and use
3. All covenants observed by landlord and tenant
4. Property may be used for purpose set out in lease
Disregard:
1. Any effect of goodwill on tenants occupation and attached to the property
2. Tenants improvements if landlord consent has been granted
Can you challenge an expert’s determination?
There is no right to appeal
What is the presumption of reality
Not to be valued hypothetically. The review should reflect the actual circumstances
Rent Review case law
‘The assumed term of the lease / hypothetical term’
The length of term at the rent review
Should it be the remaining years left or a new lease from the review date? Will state in lease!
The assumed term is likely to be the unexpired residue as decided in many cases such as:
Canary Wharf v Telegraph Group Ltd 2003
Time is not of the essence case law
United Scientific Holdings v Burnley Borough Council (1978)
Bello v Ideal View (2008)
Lease Renewal Case Law
O’may v city of london real property
modernisation of the lease
must reflect market practice
kwik fit 2024 tried tenant break clauses over 15 year term
Break Clause Case Law
Riverside Park v NHS
10 year term
5 year break - T must give back VP
T claimed that partioning was fixtures
Court found they were chattels and therefore VP was not given therefore break not exercised
Geared rent
Fixed % of the open market rent
Tell me about your understanding of fitted assumptions
Base the rent review on a fitted out premises
Tell me about your understanding of a fitted out rent free period?
Modern leases will usually state disregard for fit out period
What RICS Guidance relates to the use of comparables
Comparable Evidence in Real Estate Valuation 2021
What does the RICS say about conditional fee agreements when proceeding to third party as an expert witness
RICS Professional Statement and Guidance note for Surveyors acting as Expert Witness
In lower tribunals and In a dual role it is fine to be on a conditional fee arangement because will be attached to the advocate role.
Must be declared early
Theobald and Gardiner v Jackson (rating case)
Clearly prohibits Expert witnesses being on a conditional fee agreement
How would you deal with post dated rent review evidence at the tribunal?
Allowed if it provides further insight into the market conditions
How do you treat tenant’s improvements at rent review?
Disregard if landlord consent has been granted for the works
How do you treat tenant’s improvements at Lease renewal?
Disregard tenant improvements in the last 21 years and any goodwill
Talk me through your understanding of the RICS guidance on dilapidations
RICS Professional Standard: Dilapidations 7th edition, 2016
Aims to reduce claims between landlord and tenants
What is dilapidations
Read the lease - Repairing responsibilities
To return the building in its original state
Happen at the end of the lease
Schedule of condition?
Licences for alterations ?
Two choices:
1. Tenant can do the agreed works
2. Tenant pays a sum to the landlord to undertake the works
Dilapidations timings
Interim schedule - during the lease at least 3 years to go
Terminal schedule - last 3 years
Final Schedule - after lease expiry and out of occupation
T/O rents becoming more popular why?
How to use T/O as comparables?
Gives flexibility to occupier. Shares risk and reward more evenly between Landlord and Tenant
Explain the precedent set in WH Smith Retail Holdings v Commerz RI mbH (2021) relating to pandemic rent suspension clauses
Court rules in WH Smith favour. The lease should contain a pandemic rent suspension clause
What was the outcome of the W (No. 3) GP (Nominee A) Ltd & W (No. 3)
This case serves as a pivotal reference for determining rental terms in lease renewals, particularly in assessing the suitability of turnover-based rents versus fixed rents in fluctuating market conditions.
Judge did not use T/O assessments
What happens if I occupy a building for a long time
This is called Adverse Possession - can become the legal owner through possession of the land for a specified period of time, without the owners permission.
Pre Land Registration Act 2003 - if land is registered squatter has occupier for more than 12 years
After the act, Squatter clocked 10 years
Not registered it is 12 years
What is an easement
Permanent right and receives a capital payment
Can be registered on Land Registry
PRESCRIPTIVE right of way of prescriptive easement can be obtained because of continuous and uninterrupted use over not less than 20 years
PERMISSIVE right (the show ground) can be granted by landowner to allow access over the land. They are not public rights of way and the public do not have a right to use them. Signage often in place
What is a wayleave
temporary right and receives an annual payment.
Eg electricity company using the roof for aerials
What is a Tenancy at Will
A license created by written agreements for an unspecified time
No legal interest
Can be used for early access
Or whilst tenant is agreeing a new contracted out lease after the lease expiry
What market conditions would you want an Arbitrator and an Independent Expert?
In a rising market:
Independent Expert (Landlord) relies on expertise
Arbitrator (Tenant) relies on the evidence given
In a falling market:
Independent expert (tenant)
Arbitrator (landlord)
4 ways a lease can be terminated
Surrender (mutual)
Forfeiture (breach of covenant)
Merger (buying freehold)
Break clauses
Disclaimer (due to insolvency)
Lease Expiry
What is the L&T Act Part II review
To update the Act for todays commercial property market
Currently in the consultation period
Four possible models -
1. Mandatory security of tenure
2. No statutory security of tenure (abolition)
3. Contracting in
4. Contracting out
Terms of the new lease
Section 32-35
Regulatory reform (business tenancies) order 2003 - states a max 15 year term by the county court can be agreed.
Case law for changes in lease renewal eg Kennington Road having break clauses
O’May v City of London Real Property Co 1982
Changing the lease terms to reflect modernisation of market practice
Is the addition of break clauses reasonable?
Why need a license of alteration
2 main functions
To protect the tenant at rent review and dilapidations and end of the lease
All alterations need to be documented in the license
Quarter days
25 March
24 June
29 September
25 December
What is waiver
Waiver is when there is a breach of covenant and the landlord acknowledges this but still demands rent
Why would a property not be registered
No sale transactions from 1993
What happens if a tenant breaches a covenant
Read the lease
Not paying rent - speak to tenant, remind them
Interest on overpaid rent
issue court proceedings
Rent deposit
Forfeiture
Breach of repair -
Notice to repair - served under Section 146
Landlord undertakes works
Forfeiture
Serve an intermin dilapidations schedule
Landlord entry to do the works
Kennington Lane - talk me through this
Tenant approached me
Terms of Engagement signed
Understood the clients objectives
Obtained the lease, license for alterations and previous rent review memorandums
Lease summary :
Time not of the essence
Rent review basis
Market rent upwards only review and unexpired residue of 5 years
Disregards and assumptions
Current rent
Arbitrator or Independent Expert
Usage
Landlord and Tenant
I arranged with the Tenant to inspect.
Inspected and measured the premises, disregarding any tenant improvements. Made a note of the poor frontage and configuration
Calculated the ITZA and compared with other Retail shops
Asked the L agent for comparables and a breakdown of valuation
Landlord had not applied discount for poor frontage and configuration
In addition applying A/15 in basement
Negotations went on, calderbank issued
I advised that this was primarily a negotiating tactic
Reached an agreement and rent review memorandum was issued
Kennington Road - talk me through this
Tenant approached me
ToE were signed
Client objectives and aims
Asked the tenant to send me all the relevant information, notices and rent review memorandum
Solicitor contact information
I could confirm with the solicitor that the notices were correct and served by the competent landlord
I arranged with the tenant to inspect and measured the NIA of the property
Collated a schedule of the comparables with reference to hierarchy of evidence
Entered negotiations with the Landlord. All correspondence was without prejudice
Landlord was applying comparables in better locations
I negotiated break clauses to
Kennington Road - what does inside the act mean
This means that the Tenant is protected within the provisions of the lease and has security of tenure. Also means the tenant has a right to renew at the end of the term.
Kennington Road - Break clauses 3 and 5 what does this mean at the rent review
Tenant only break and that time is of the essence
Can also be used as a negotiating tactic
Clapham High Street - what does outside the act mean?
Does not fall under the protections and provisions within the L&T Act 1954. Therefore, the tenant does not have automatic renewal and security of tenure
Clapham High Street - what would happen if the Tenant paid rent after the expiry of the lease to the Landlord and was still in situ
The tenant gets automatic rights to the property
Periodic tenancy has been created
How long is a tenant entitled to a lease for at lease renewal
In line with the current lease. Max 15 years
When will a lease start after a County court
Lease commencement = 3 months and 21 days after hearing
