Level 1's from Q&A's

Question 1

What is the structure of a lease?

Answer 1

• Parties & Property – Identifies the landlord, tenant, and property being leased.
• Lease Term – Specifies the length of the lease and any break clauses.
• Rent & Rent Review – Details the rent amount, payment terms, and review mechanisms.
• Service Charge & Insurance – Outlines tenant contributions to building upkeep and insurance.
• Repairs & Maintenance – Defines tenant responsibilities, often under an FRI (Full Repairing and Insuring) lease.
• Use & Alterations – Specifies permitted use and whether alterations require landlord consent.
• Alienation – Rules on assignment or subletting of the lease.
• Security of Tenure – States if renewal rights under the Landlord and Tenant Act 1954 apply.
• Break Clause & Forfeiture – Conditions for early termination by either party.
• Other Provisions – Covers utilities, rights of access, statutory compliance, and dispute resolution

Question 2

If acting on behalf of both landlords and tenant’s can you please tell me where a conflict may arise?

Answer 2

Could be acting against your own evidence.
Both parties have opposing objectives so puts the surveyor in a position where impartiality is compromised.

Question 3

What are the differences between PACT & Court?

Answer 3

• PACT is faster
• PACT is generally cheaper
• PACT generally offers a greater flexibility and control over procedure for the parties
• In PACT the decision on rent-related terms is made my a surveyor rather than a County Court Judge

Question 4

What are the advantages vs disadvantages of COURT vs PACT?

Answer 4

PACT is usually:
 Faster
 Cost Savings
 Greater flexibility and control over procedure for the parties
 Decision by surveyor on rent-related terms rather than a County Court Judge

Question 5

In what scenarios would it be better to go to Court over PACT?

Answer 5

Complex Legal Disputes for example disputes over security of tenure. PACT is not suitable where legal jurisdiction is needed.
Precedent-setting Issues – if the case involved a issue that could set a legal precedent or where clarity is sought in law, the parties may prefer a count determination which can be formally recorded and appealed.

Question 6

What is the difference between arbitration and independent expert?

Answer 6

• IE can do their own market research
• IE can be sued for negligence
• IE determination cannot be appeal
• IE do not have an automatic power of awarding costs this is agreed within the lease
• Arb bound to rely on evidence parties provide
• Arb award can be appeal to the high court within 28 days on three grounds
• Arb can award costs