Legislation

Question 1

Aim of LL & T Act 1988?

Answer 1

• Section 1 of LL & T Act 1988 states consent must be provided within reasonable timeframe (no delays) 

Question 2

Aim of LL & T Act 1927? 

Answer 2

• Section 18 of LL & T Act 1927 limits the amount of damages a LL is able to recover for breach of T repairing covenants 
• S19 of LL & T Act 1927 states consent must not be unreasonably withheld 

Question 3

What does it mean for consent to not be unreasonably withheld?

Answer 3

The landlord has a duty to consent unless it is reasonable not to do so

Question 4

L&T Covenants Act 1995

Answer 4

• Abolished Privity of contract
• AGA introduced
• Section 17 of the Landlord and Tenant Covenants Act 1995 releases a former tenant and their guarantor from liability unless the Landlord has served a s. 17 notice which specifies the amounts due within 6 months beginning with the date when the charge becomes due

Question 5

What is Occupiers Liability Act 1957? 

Answer 5

• Regulates duty of care 
• Imposes a duty of care on persons occupying or in control of any premises in relation to visitors

Question 6

What is Occupiers Liability Act 1984? 

Answer 6

• Regulates duty of care 
• Occupier must ensure duty of care even to UNLAWFUL visitors EG trespassers  

Question 7

What was impact of Coronavirus Act 2020 for Landlord rent recovery? 

Answer 7

• Protected businesses during pandemic  
• Prevented Landlords from forfeiture or CRAR 
• Measures expired 25 March 2022 

Question 8

What was Commercial Coronavirus Rent Act 2022?

Answer 8

• Came into effect 25 March 2022 - protection of ring fenced arrears (protected rent debt)
• To encourage parties to resolve the arrears
• Introduced arbitration process to resolve disputes regarding Covid rent arrears  - L OR T could apply for arbitration

Question 9

What is Corporate Manslaughter and Corporate Homicide Act 2007? 

Answer 9

• Companies can be found guilty as result of serious management failure / gross breach of duty of care 
• Fine can be unlimited 

Question 10

What are your duties under the Corporate Manslaughter and Corporate Homicide Act 2007?

Answer 10

• Owe a duty of care to take reasonable care of a persons safety
• Duty of care to the systems of work and equipment used by employees
• Duty to the conditions of worksites and other premises
• Duty of care to products or service supplied to customers