LL Flashcards
AHA and FBT defining date
1st September 1995
How to serve a notice to quit under AHA?
General NTQ - s27 (T one month to serve counter-notice under s26(1) and LL two months to apply to tribunal (must demonstrate 1 of 6 grounds under s27(3).
Special NTQ - Sch 3, Part 1
Legislation governing red reviews under AHA?
S12 and s13 of the Act
AHA what notice to serve for a rent review?
S12 Notice
What legislation can govern repairs under AHA and FBT?
Agriculture (model clauses for fixed equipment) England regulations, 2015
What part of legislation governs compensation under AHA?
Sch 7, 8 and 9.
Claim for disturbance (basic and additional split) is found under s60.
What is the critical date for succession under AHA?
12 July 1984
What notice would you serve to terminate a FBT?
Under two years - no notice.
Over two years - s5 NTQ = fixed term, s6 NTQ = periodic, s7 NTQ = termination of part.
What part of the legislation governs rent reviews for FBT?
S9 - s14 of the Act.
NB: can be opted out of to allow parties to agree their own RR mechanism.
What notice you serve to want to take a rent review under an FBT?
S10 notice.
What form do you submit the RICS to get arbitrator?
DRS3 Form
(Think Dispute Resolution Service)
What is the critical date for changing Acts governing residential agreements?
15th January 1989
What notice would you serve undertake a RR under the Housing Act 1988?
S13 notice (Form 4)
What notices can you serve on Housing Act tenants to terminate an agreement?
What forms do you use?
S8 NTQ - using a Form 3 Notice (8 mandatory ‘grounds’ and 9 discretionary ‘grounds’). NB: all detailed within Sch 2 Act.
S21 - using Form 6a (min 2 months notice)
If repairing obligations are not stated within a residential tenancy what is the fallback position?
S11 of the LTA 1985.
If someone does not agree to a rent review, can you serve a section 21 notice on them?
No - ‘ retaliation eviction’.
Must a) negotiate internally, and b) alternative dispute resolution procedure (mediation or arbitration).
What is the process for a section 21 eviction?
1) LL apply to courts for possession order.
2) T has opportunity to provide defence to court.
3) Both parties get the date of hearing and LL supply electronic versions of documents.
4) court hearing occurs and judge makes decision.
5) Possession or granted - T usually has 14 to 28 days to vacate (can be longer).
6) if tenant does not vacate, LL apply to court for ‘ warrant of possession’.
7) once biff will carry it out of eviction with 14 days notice to both parties.
What is the legislation governing succession under the rent agriculture act 1976?
S3 of RAA 1976
One succession and depends on situation of tenant on their death I.e. permitted occupier or statutory tenant.
How do you terminate a rent agriculture act agreement?
Schedule 4 = details of discretionary and mandatory grounds.
Discretionary grounds = Sch 4 Part 1 (10 in total)
Mandatory grounds = Sch 4 Part 2 (3 in total)
How would a tenant renew an agreement under the landlord and tenant attacked with section 24 to 28 contracted in?
S26 ‘ notice to renew’
NB: 6-12 months before end of fixed term.
How would a tenant terminate their agreement under the landlord and tenant act with sections 24 to 28 contracted in?
S27 ‘notice to terminate’
NB - three months before lease term end.
Would the landlord terminate an agreement under the landlord and tenant act if section 24 to 28 were contracted in?
Depends if T has served a s26 ‘right to renew’:-
Yes - LL must serve counter- notice within 2 months.
No - LL serve a s25 notice (6-12 months before term end date.
BOTH options - must prove 1 of 7 grounds.
