Law, Business Structures & Agreements Flashcards
Two Key Sections AHA Dilaps
S71 - Deterioration of Parts
S72 - Deterioration of Holding
Section for Settlement of Claims - AHA & Notice Period
S83
Within 2 Months After Termination
What Schedule Governs Short Term Improvements - AHA
Schedule 8
Examples of Short Term Improvements Under Schedule 8 - AHA
Lime
Fert
Fruit Trees
Mole Drainage
Growing Crops
What Section is an Arbitrator Applied For - ATA
S12
Which Section Determines How Much Rent is Payable - ATA
S13
What is the Basis of Valuation for Tenants Improvements
The Value to the Hypothetical Incoming Tenant
What Section Governs the Tenants Right to Claim for Tenants Improvements - ATA
S22
What are the Two Methods for Valuing Tenants Pasture
Face Value & Cost Basis
Four Stat Factors to Consider - RR
- Terms of Tenancy
- Character & Situation
- Productive Capacity
- Relative Earning Capacity
- Comps
What is a Case A NTQ - AHA
Tenant Retiring - Alt Accom. Available
What is a Case B NTQ - AHA
Land Use Other Than Ag
What is a Case C NTQ - AHA
Tenant Not Fulfilling Good Husbandry
What is a Case D NTQ - AHA
Tenant Failed to Comply With Notice i.e. Unpaid Rent
What is a Case E NTQ - AHA
Commission Had Materially Prejudiced The Interest
What is a Case F NTQ - AHA
Tenant Has Become Insolvent
What is a Case G NTQ - AHA
Death of Tenant
What is a Case H NTQ - AHA
NTQ to Use or Dispose of Land
NTQ Relevant Section, Notice Period & Tenants Counter Notice - AHA
S25
12 Months Notice
Counter Notice - S26
Rent Review Notice - AHA
S12
12-24 Months Notice
Frequency of Rent Reviews - AHA
3 Years
Date to Qualify for Succession - AHA
12th July 1984
Introduction Date of ATA
1st September 1995
What is a Tenants Fixture
Part of Premises - May be Removable
What is a Tenants Improvement
Chattel That Has Become Permanent and Irremovable
Dilapidations Right to Claim - AHA
S71
Dilapidations Notice to Claim Dilapidations & Notice Period - AHA
S83
2 Months
Landlord Repairs - AHA
- Roof - £100 for previous 6 years can be Requested from Tenant
- Chimney Stacks/Lining
- External Walls
- Staircases
- Roof/Wall Insulation
- Exterior Painting of Farmhouse - Every 5 years
- Water Below Ground
- Electrical
Tenant Repairs - AHA
- Fixtures/Fittings
- Drains
- Sewers
- Manholes
- Fences/Hedges
- Handling Systems
- Sheep Dips
- Troughs
- Electrical - Installed by Tenant
Tenants Right to Remove Tenants Fixtures - AHA
S10
Relevant Section to Increase Rent Due to Improvement Done by Landlord at Tenants Request - AHA
S13
Tenant Notice for Landlord to Make Improvement - AHA
S11
How is Productive Capacity Assessed
- Soil Type
- Land Grade
- Drainage
- Building Types & Capacity
- Assume Competent Tenant w/ Husbandry to Suit Holding
- Compare Tenants Figures with Nix/ABC - Av over Number of Yrs
What is Related Earning Capacity
What a Competent Tenant Could be Expected to Earn off Holding
What is Discarded in Rent Review
- High Farming
- Tenants Fixtures
- Anything Done w/ LL Consent
- Diversification
- Scarcity
- Marriage Value
- Effect of any Premium
Key Points- Restrictive Covenant
- Benefit & Burden
- Beneficiary MUST own Land Close or Adjoining & Therefore Benefit of Covenant
- Linked to Land
