Landlord & Tenant L3 Flashcards
What is an SLDT?
Short Limited Duration Tenancy
What is an MLDT?
Modern Limited Duration Tenancy
Explain the basic principles of an SLDT?
Introduced by the Agricultural Holding Act 2003
Term up to 5 years, no minimum
Rent reviews are outlined with lease agreement
Tenant has freedom to crop
Explain the basic principles of an MLDT?
Introduced by the Land Reform Act 2016. Introduced in Dec 2017 to replace LDT.
Minimum term is 10 years, no maximum.
Right to review the rent every three years.
What size of shed doesn’t require planning?
A shed less than 1000m2. Over 1000m2 you need planning.
What is fixed equipment?
(a) all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding;
(b) all permanent fences, including hedges, stone dykes, gate posts and gates;
(c) all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses;
(d) stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding;
(e) farm access or service roads, bridges and fords;
(f) water and sewerage systems;
(g) electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets;
(h) shelter belts’’.
When must a ROC be carried out?
SLDT/LDT - 6 months
MLDT - Within 90 days must be agreed within.
Can you walk me through a recent lease negotiation you conducted and explain the key challenges you faced?
Describe a situation where you had to resolve a dispute between a landlord and tenant. How did you approach it, and what was the outcome?
Have you advised a client on rent review? What valuation approach did you use, and how did you justify your recommendations?
How have you advised a landlord or tenant regarding break clauses? What legal and financial considerations did you take into account?
Have you dealt with a situation where a tenant sought to assign or sublet their lease? How did you advise the landlord?
Break claus for new entrant
5 years in
What is the definition of a new entrant?
What is the difference between a service occupancy & service tenancy?
What was the amnesty Process & Dates
June 2017 - Jun 2020
Extended - Dec 2020
What are the the parts for improvements?
SCHEDULE 5
New Improvements For Which Compensation May Be Payable
Part I
Improvements For Which Consent Is Required
Part II
Improvements For Which Notice Is Required
Sheds/
(Three months notice for part two improvements)
Part III
Improvements For Which No Consent Or Notice Required
Lime/Manure
What is fixed equipment?
(a) all permanent buildings, including farm houses and farm cottages, necessary for the proper conduct of the agricultural holding; (b) all permanent fences, including hedges, stone dykes, gate posts and gates; (c) all ditches, open drains and tile drains, conduits and culverts, ponds, sluices, flood banks and main water courses; (d) stells, fanks, folds, dippers, pens and bughts necessary for the proper conduct of the holding; (e) farm access or service roads, bridges and fords; (f) water and sewerage systems; (g) electrical installations including generating plant, fixed motors, wiring systems, switches and plug sockets; (h) shelter belts’’.
When must an ROC be completed for each tenancy?
1991 Act - Any time
Record of Condition deadline
6 months
SLDT/LDT - 6 months
MLDT - Within 90 days must be agreed within!
To be eligible for compensation an improvement must:
a) Be on the list of eligible improvements set out in the legislation b) Have complied with any prior consent or notification requirements c) Be of a type and scale that is appropriate to the size and nature of the holding.
What is the tenants obligation of the fixed equipment?
“Maintain the fixed equipment on the holding in as good a state of repair, natural decay and fair wear and tear excepted, as it was in immediately after it was put in repair.
What leases allow for assignation?
SLDT - Can’t assign
Key Changes of the Land Reform Act?
What has been outlined in the new land reform bill?
New legislation
New tenancy
2027 - Repairing standards on all ag leases
Land Reform Act 2016 Changes
Land reform 2024 bill proposals?
Improvement notices - what constitutes improvements?
minimum lease dates - 1991 Act tenancy to MLDT/LDT min term 25 years
What leases allow for assignation?
Improvements waygo - if landlord has contributed?
Repairing tenancy
Key changes for landowners going forward?
Question 8 - KB Ag
Legislation of Relinquishment and assignation
Land Reform Scotland Act 2016 and Agricultural Holdings Act 1991
MLDT - What happens after two periods of 7 years?
