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CAAV Revision > Law, Business Structures & Agreements > Flashcards

Law, Business Structures & Agreements Flashcards

1
Q

Two Key Sections AHA Dilaps

A

S71 - Deterioration of Parts
S72 - Deterioration of Holding

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2
Q

Section for Settlement of Claims - AHA & Notice Period

A

S83
Within 2 Months After Termination

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3
Q

What Schedule Governs Short Term Improvements - AHA

A

Schedule 8

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4
Q

Examples of Short Term Improvements Under Schedule 8 - AHA

A

Lime
Fert
Fruit Trees
Mole Drainage
Growing Crops

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5
Q

What Section is an Arbitrator Applied For - ATA

A

S12

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6
Q

Which Section Determines How Much Rent is Payable - ATA

A

S13

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7
Q

What is the Basis of Valuation for Tenants Improvements

A

The Value to the Hypothetical Incoming Tenant

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8
Q

What Section Governs the Tenants Right to Claim for Tenants Improvements - ATA

A

S22

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8
Q

What are the Two Methods for Valuing Tenants Pasture

A

Face Value & Cost Basis

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9
Q

Four Stat Factors to Consider - RR

A
  • Terms of Tenancy
  • Character & Situation
  • Productive Capacity
  • Relative Earning Capacity
  • Comps
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10
Q

What is a Case A NTQ - AHA

A

Tenant Retiring - Alt Accom. Available

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11
Q

What is a Case B NTQ - AHA

A

Land Use Other Than Ag

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12
Q

What is a Case C NTQ - AHA

A

Tenant Not Fulfilling Good Husbandry

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13
Q

What is a Case D NTQ - AHA

A

Tenant Failed to Comply With Notice i.e. Unpaid Rent

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14
Q

What is a Case E NTQ - AHA

A

Commission Had Materially Prejudiced The Interest

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15
Q

What is a Case F NTQ - AHA

A

Tenant Has Become Insolvent

16
Q

What is a Case G NTQ - AHA

A

Death of Tenant

17
Q

What is a Case H NTQ - AHA

A

NTQ to Use or Dispose of Land

18
Q

NTQ Relevant Section, Notice Period & Tenants Counter Notice - AHA

A

S25
12 Months Notice
Counter Notice - S26

19
Q

Rent Review Notice - AHA

A

S12
12-24 Months Notice

20
Q

Frequency of Rent Reviews - AHA

A

3 Years

21
Q

Date to Qualify for Succession - AHA

A

12th July 1984

22
Q

Introduction Date of ATA

A

1st September 1995

23
Q

What is a Tenants Fixture

A

Part of Premises - May be Removable

24
Q

What is a Tenants Improvement

A

Chattel That Has Become Permanent and Irremovable

25
Q

Dilapidations Right to Claim - AHA

A

S71

26
Q

Dilapidations Notice to Claim Dilapidations & Notice Period - AHA

A

S83
2 Months

27
Q

Landlord Repairs - AHA

A
  • 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
28
Q

Tenant Repairs - AHA

A
  • Fixtures/Fittings
  • Drains
  • Sewers
  • Manholes
  • Fences/Hedges
  • Handling Systems
  • Sheep Dips
  • Troughs
  • Electrical - Installed by Tenant
29
Q

Tenants Right to Remove Tenants Fixtures - AHA

A

S10

30
Q

Relevant Section to Increase Rent Due to Improvement Done by Landlord at Tenants Request - AHA

A

S13

31
Q

Tenant Notice for Landlord to Make Improvement - AHA

A

S11

32
Q

How is Productive Capacity Assessed

A
  • 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
33
Q

What is Related Earning Capacity

A

What a Competent Tenant Could be Expected to Earn off Holding

34
Q

What is Discarded in Rent Review

A
  • High Farming
  • Tenants Fixtures
  • Anything Done w/ LL Consent
  • Diversification
  • Scarcity
  • Marriage Value
  • Effect of any Premium
35
Q

Key Points- Restrictive Covenant

A
  • Benefit & Burden
  • Beneficiary MUST own Land Close or Adjoining & Therefore Benefit of Covenant
  • Linked to Land

CAAV Revision (12 decks)

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