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Landlord and Tenant > Lease Renewals > Flashcards

Lease Renewals Flashcards

1
Q

What section of the LTA Act 1954 states that to gain protection within the Act, there has to be a business tenancy with 6 basic elements?

A

Section 23

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2
Q

What are the 6 basic principles of a business tenancy set out within LTA 1954 s23?

A
  1. It is a tenancy.
  2. The premises must be used for a business.
  3. There must be occupation of at least part of a premises by a tenant.
  4. There must be occupancy f more than 6 months.
  5. It must not be an exempted or excluded tenancy (e.g. tenancy at will).
  6. There must be a competent landlord (freeholder or superior tenant with more than 14 months to run).
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3
Q

Who usually serves notices on lease renewal?

A

Lawyer

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4
Q

Which section of the LTA 1954 relates to ‘holding over’. i.e. the business tenancy does not end by effluxion of time but only when one party serves a notice?

A

Section 24

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5
Q

Which Section of the LTA 1954 relates to a Landlord’s notice being served?

A

Section 25

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6
Q

What is the timescale for a Landlord’s notice being served in accordance with Section 25?

A

A date not more than 12 months and not less than 6 months before the date of termination of the tenancy.

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7
Q

A Section 25 notice must be given to the tenant by a __________ landlord.

A

Competent

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8
Q

A Section 25 notice must relate to the whole of the _____ comprised by the tenancy.

A

Property

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9
Q

A Section 25 notice must state the date for the _________ of the tenancy.

A

Termination

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10
Q

A Section 25 notice must be in the ________ form and inform the tenant of his _____.

A

Prescribed, rights

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11
Q

What must be stated where a Landlord is prepared to grant a new lease?

A

Proposed terms of new lease including new rent

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12
Q

What must be included when the Landlord opposes a new lease?

A

Ground for opposition

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13
Q

What notice can be served by a tenant requesting a new tenancy beginning with a date not more than 12 months and not less than 6 months after the making of a request?

A

Section 26

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14
Q

A Section 26 notice must be in the ________ form.

A

Prescribed

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15
Q

A Section 26 notice must state the tenant’s proposals for what?

A

A new lease including new rent

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16
Q

If a Landlord opposes A Section 26 notice, what must be done?

A

Serve a counter-notice within 2 months

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17
Q

What must be served by a tenant is he wants to leave with 3 months’ notice after the lease expiry date?

A

Section 27 notice

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18
Q

What must be served if a tenant wants to leave prior to the leased expiry?

A

No notice as long as the property is vacant.

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19
Q

What is it important to check when acting for a client in terms of the validity of a notice?

A

Prescribed form in accordance with the Act

Correctly named party

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20
Q

What is included within a Section 25 notice?

A
  1. Name and address of L & T.
  2. Property address.
  3. Notice of date to end tenancy.
  4. Whether new lease to be opposed/granted.
  5. Date of response required
  6. Proposals for new tenancy (including proposed rent).
  7. Ground for opposition if opposing.
  8. Strong recommendation to seek professional advice.
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21
Q

Should you consider serving a Section 25 notice in a falling market?

A

No, as new rent likely to be lower.

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22
Q

Which Section of the Act sets out the 7 grounds for opposition to grant a new tenancy?

A

Section 30

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23
Q

What are the 7 Section 30 grounds?

A

a) Breach of repairing covenant.
b) Persistent delay in paying rent.
c) Other substantial breach.
d) Provide suitable alternative accommodation.
e) Uneconomic subdivision
f) Demolition or reconstruction
g) Owner occupation

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24
Q

Under which grounds is compensation payable?

A

e, f and g

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25
Q

Which grounds are discretionary, with the Court deciding whether reasonable?

A

a to e

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26
Q

Which grounds are mandatory?

A

f and g

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27
Q

What must the landlord provide for ground f?

A

Firm intention - prove funding and planning, substantial work and necessity to gain vacant possession.

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28
Q

What must the landlord prove for ground g?

A

Must have owned property for 5 years and prove intention to occupy and/or run business.

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29
Q

What should first be checked when undertaking a lease renewal?

A

Whether inside the 1954 Act (will state in lease if excluded).

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30
Q

If the lease is silent on security of tenure provisions, it is protected?

A

Yes

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31
Q

Which Section of the Act entitles the tenant to compensation for disturbances for grounds e, f and g?

A

Section 37

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32
Q

A lease must have been granted after what date for compensation to be granted?

A

1 April 1990

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33
Q

How is the level of compensation calculated?

A

14 years + occupation - Rateable Value x2

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34
Q

The tenant is only entitled to compensation under Section 37 if they have not breached what?

A

The terms of the lease.

35
Q

If a Landlord obtains possession due to a successful Section 25 application (grounds e, f and g), the tenant may be entitled to compensation for disturbance, as well as improvements. What Act provides for this?

A

Landlord and Tenant Act 1927 Part 1

36
Q

What Sections of the 1954 Act are relevant to the terms of a new lease?

A

32-35

37
Q

What maximum term may be granted by the Court?

A

15 years (post 1st June 2004)

38
Q

The new lease must be at _____ rent.

A

Market

39
Q

The date of valuation in the notice is the date of _________ of the new tenancy.

A

Commencement

40
Q

What is ignored when setting the terms of the new lease?

A

Previous occupation

Goodwill

Landlord’s approved improvements carried out by tenant in last 21 years

41
Q

What is the valuation date?

A

The date of commencement of the new lease as stated on the notice.

42
Q

What is the date of commencement of a new tenancy if the lease renewal goes to Court?

A

3 months and 2 weeks from the date of the hearing at which the new rent is set and order for the new tenancy made.

43
Q

What does the Court use to assess the new rent?

A

Best available evidence on day of hearing.

44
Q

What is the rent payable by a business tenant under the 1954 Act for the period of occupation between the termination of the former tenancy and the commencement of the new lease?

A

Interim rent.

45
Q

Who may apply for an interim rent?

A

Either party (but once one has, the other may not).

46
Q

What is the earliest date that an interim rent can be served?

A

Date of Section 25 or Section 26 notice.

47
Q

What is the latest date that an interim rent can be served?

A

6 months after lease expiry date.

48
Q

The interim rent assumes an ______ tenancy and _____ rent.

A

Interim, market.

49
Q

The interim rent can be divided using _____ proceedings.

A

PACT

50
Q

Where is the basis of valuation set out for a lease renewal?

A

Landlord and Tenant Act 1954/

51
Q

What is the valuation date for a lease renewal?

A

Date of commencement of new lease set out in notice.

52
Q

When proposing a contracted out lease what must the landlord serve?

A

A health warning at least 14 days before the start.

53
Q

What must a tenant do to confirm agreement to a contracted out lease?

A

Sign a declaration.

54
Q

Can the time limits be extended regarding notices?

A

By agreement by both parties.

55
Q

What notice can be served to request information from either the Landlord or the tenant to check who is the competent landlord or tenant with statutory protraction?

A

Section 40

56
Q

Who can serve a Section 40 notice during the last 2 years of a tenancy?

A

Either party.

57
Q

What are the two third party determination choices for lease renewals?

A

County Court following the Civil Procedure Rules 1998

PACT (Professional Arbitration on Court Terms)

58
Q

________ is designed to be used for an unopposed new tenancy where one of the parties has already made an application to court to fix the terms of a new tenancy.

A

In-court PACT

59
Q

_______ is used when no court application has been made by either party, and the parties agree to a postponement of such application.

A

Out-of-court PACT

60
Q

The normal ______ of notices has to take place and the necessary applications to _____ made for PACT.

A

Service, Court

61
Q

Who nominates the PACT arbitrator?

A

President or RICS or Law Society

62
Q

PACT is advantageous as it is faster, less expensive, offers greater flexibility and _____ and avoids a full ____ _______.

A

Control, Court Hearing

63
Q

A decision using PACT is made by a ______ rather than a ______.

A

Surveyor, Judge

64
Q

Which section of the Act sets lout the procedure which must be followed for the Landlord to contract out of the Act?

A

Section 38A

65
Q

Why might a Landlord want to contract out of the Act?

A

Intention to re-occupy or redevelop in future.

Head lease requires subletting to be outside Act.

66
Q

If a lease is contracted out of the Act, a tenant has no statutory right to _____ or seek ______ for leaving.

A

Remain, compensation.

67
Q

What does the Landlord have to do at the end of the tenancy?

A

Ensure premises vacant or new lease in place.

68
Q

What needs to be done where the landlord is happy to grant a new lease but it has not been finaliised?

A

A tenancy at will (acceptance of rent could lead to protected new tenancy)

69
Q

What ate the 9 ways in which a lease is terminated?

A
  1. Forfeiture
  2. Effluxion of time
  3. Surrender
  4. Merger
  5. Disclaimer (due to insolvency)
  6. Break clauses
  7. Lease expiry
  8. Service of notice under LTA 1954
  9. Negotiation
70
Q

Section 23 of the LTA 1954 relates to application of _____ ______.

A

The Act

71
Q

Section 24 of the 1954 At relates to what provisions?

A

Security of tenure (holding over)

72
Q

Section 24A of the Act relates to ____ ____.

A

Interim rent

73
Q

Section 25 relates to a _____ notice to end the lease or seek a new lease.

A

Landlord’s

74
Q

Section 26 relates to a ____ notice to seek a new lease.

A

Tenant’s

75
Q

Section 28 relates to renewal of a tenancy by _______.

A

Agreement

76
Q

Section 29 relates to order by ______ for a new tenancy.

A

Court

77
Q

Section 30 relates to the Landlord’s _______ for opposition of a new lease.

A

Grounds

78
Q

Sections 32-35 relate to the ____ of the new lease.

A

Terms

79
Q

Section 34 relates to the basis of valuation for the ___ ______.

A

New rent

80
Q

Section 37 relates to ______ provisions.

A

Compensation

81
Q

Section 38A relates to _____ outside the Act.

A

Contracting

82
Q

Section 40 relates to notices requesting _____ about either party.

A

Information

83
Q

Section 44 covers the definition of what?

A

A competent landlord

Landlord and Tenant (4 decks)

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