Landlord & Tenant Pt 2 Flashcards
What are the 3 levels of Tenants improvements?
Part 1 = Improvements where tenant requires consent (diversification, orchard etc)
Part 2 = Improvements where only notice is required (fences, dykes, buildings)
Part 3 = Improvements which do not require consent (liming, fertilising)
What happens if the tenant did not serve the appropriate notice, or receive the appropriate consents for improvements?
Landlord could potentially avoid liability for tenants improvements if not notified.
What is waygo?
The date at which a tenant relinquishes possession of an agricultural holding or of agricultural land
Talk me through timings when serving a rent review notice?
- Rent can only be reviewed once every 3 years.
- S.13 RR notice must be served more than one year but less than two from the rent review date
- Not less than 6 months before the due date, LL/T meet on farm to assess nature of holding, change of circumstances, FE, etc. Discuss rental expectations.
- Not less than 4 months before the proposed date, landlord must provide detail on rental calculations, variables, in writing and rent proposal
5 .Not less than 2 months, tenant must respond in writing accepting proposed rent or seeking clarification
- If this fails, professional mediation and bring in a 3rd party.
- If this fails, dispute resolution through the land court.
What section of the 1991 Act permits resumption?
S.29.
However, if the written lease does not have a resumption provision, then resumption cannot take place
What situations can a tenant be compensated in a resumption?
- Disturbance, one years rent of the area resumed
- Rent of the holding reduced to cater for area resumed
How would you resume land within a 2003 Act?
Landlord may resume land for any non-agricultural purposes, given 1 years notice before the resumption date.
How do you calculate compensation in a resumption?
- Reduce from rent, using £/acre
- Assess the ground, and value on the Open Market (e.g. arable @£6000/ac) and deduct the landlords interest (50%)
- May be additional payment for disturbance
If the tenant wishes to diversify, what must he serve?
’ A notice of diversification’ in writing NO less than 70 days before the diversification
When can a landlord object a diversification?
- If diversification would lessen the value of the land
- Prejudice the use of the land for Agriculture
- If the diversification impacts the management of the wider estate and puts the landlord in severe hardship
How did you come to a ‘fair rent’ in your rent reviews?
Use local comparable evidence, holding with same purpose, size, etc.
Consider the productive capacity of the holding
Current economic conditions of the Agricultural sector
What are some of the recent changes in the repairing standard which took effect 1st March 2024?
- Safe kitchens (accessible food storage)
- Fixed Heating (must be fixed heating system in the property)
- Safe Access to common Parts (tenants who live in flats must have safe access to common parts/common closes)
- Lead pipes (house should not be free of lead pipes)
- Other Fuels (extended from gas and electricity to ‘any other type of fuel)
Talk me through the final checks for a commercial property?
- Meter readings
- Inspection of property, refer to original RoC if available
- Ensure all additions, alterations and improvements are removed
- Tenant undertakes necessary repairs if required.
- Collect keys
what type of commercial leases have you managed?
Typically small, simple storage facilities, hard standing areas, workshops
When you undertake a vacant inspection, what do you need to consider?
- Safety of the building
- Undertake a continuous risk assessment, do not explore more than you absolutely have to
- Wear appropriate PPE
- Lone working device in place, inform colleagues
