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EHAPC > LV3 L&T (PE) > Flashcards

LV3 L&T (PE) Flashcards

1
Q

Tell me about a challenging landlord & tenant case you have dealt with (LV3)

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2
Q

Tell me about when and why you have served a Calderbank offer or other offer to settle (LV3)

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3
Q

Tell me about an example of when you have assisted with the third party process (LV3)

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4
Q

Why do you need client’s instructions before submitting a third party application? (LV3)

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5
Q

What are the advantages and disadvantages you have pointed out to clients in relation to third party procedures? (LV3)

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6
Q

How could MEES impact upon your advice on a landlord and tenant case? (LV3)

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7
Q

How did you become involved in the Leatherhead Rent Review? (LV3)

A

I checked my professional competence
I issued a Terms of Engagement
I did a COI check

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8
Q

Was time of the essence in the Leatherhead Rent Review (LV3)?

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9
Q

What implications did the terms of the rent review clause have on your advice in the Leatherhead example (LV3)?

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10
Q

Talk me through your negotiations in the Leatherhead example (LV3)

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11
Q

What did you advise your client to offer in the Calderbank at Kentish Town? (LV3)

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12
Q

Talk me through your submission to the Arbitraitor? (LV3)

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13
Q

What did you advise your client about the risks and rewards of seeking third party determination in Kentish Town (LV3)?

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14
Q

What is the RICS fee for third party determination? (LV3)

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15
Q

What was the outcome in Kentish Town? (LV3)

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16
Q

Tell me about an instance of when you have reflected market conditions on rental value? (LV2)

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17
Q

How do you collate, analyse and adjust comparable evidence? (LV2)

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18
Q

What is the hierarchy of evidence? (LV2)

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19
Q

Tell me about a landlord and tenant negotiation you have been involved with? (LV2)

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20
Q

Tell me about a contracted out lease renewal you have dealt with (LV2)

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21
Q

How would you advise a tenant differently between a contracted in and contracted out renewal? (LV2)

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22
Q

Why had negotiations at the Archway not completed prior to lease expiry? (LV2)

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23
Q

Why did you choose to use a 6 month dated section 25 notice at the Archway (LV2)?

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24
Q

What modernisation of terms did you propose for the Archway and why? (LV2)

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25
Q

How did you ascertain the lease at the Archway was in inside the 1954 Act? (LV2)

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26
Q

Why did you consider yourself competent to advise your Client in the Croydon example? (LV2)

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27
Q

In the Croydon example why did you believe that the mezzanine could ‘potentially’ be rentalised? (LV2)

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28
Q

What was the outcome of your negotiations with the tenant at Croydon? (LV2)

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29
Q

Tell me about the terms you includedin your Section 25 notice for Croydon? (LV2)

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30
Q

Tell me about your understanding of the LTA 1927/LTA 1954/Landlord and Tenant (Covenants) Act 1995/LTA 1988?

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31
Q

Tell me about a key lease clause you are aware of?

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32
Q

What is alienation?

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33
Q

Tell me about your understanding of the Code for Leasing Business Premises

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34
Q

Tell me about how you would summarise a lease and what terms you would be looking out for

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35
Q

What is the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003

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36
Q

What is the role of an expert witness?

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37
Q

How does the role of an expert witness change from when you are negotiating?

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38
Q

How does an avocate differ from an expert witness?

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39
Q

What is an arbitrator?

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40
Q

What is an expert?

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41
Q

How does an arbitrator and expert’s roles differ?

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42
Q

How would you establish the relevant third party procedure for a rent review?

A
43
Q

How much does it cost to submit an RICS DRS application?

A
44
Q

What is the difference between the hypothetical lease at a rent review and lease
renewal?

A
45
Q

What is PACT?
How do in and out of Court PACT differ?

A
46
Q

What is a Calderbank offer?

A
47
Q

What is a break clause?

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48
Q

Tell me about your understanding of notices under the LTA 1954.

A
49
Q

Tell me about your understanding of interim rent.

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50
Q

Tell me about your understanding of the Court procedure at lease renewal.

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51
Q

What are the Civil Procedure Rules?

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52
Q

What are the Jackson Reforms?

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53
Q

What is a Part 36 offer?

A
54
Q

Can you serve a Calderbank offer at a lease renewal?

A
55
Q

What does Section 34 relate to in a lease renewal?

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56
Q

What is compensation for disturbance?

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57
Q

What does Section 18 mean in relation to the LTA 1927?

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58
Q

Why would you contract out a lease?

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59
Q

Tell me about the LTA 1954 in relation to contracting out a lease.

A
60
Q

What are the Section 30 grounds under the LTA 1954?

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61
Q

What time limits apply in relation to lease renewal notices?

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62
Q

When would you recommend that a landlord/tenant serves notice in a LTA 1954
renewal?

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63
Q

What does Section 40 of the LTA 1954?

A
64
Q

What tenancies are covered by the LTA 1954?

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65
Q

What is the difference between a lease and a licence?

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66
Q

Tell me about the terms of a new lease in relation to a contracted in lease renewal?
(e.g. lease length)

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67
Q

How can a tenant quit a contracted in lease?

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68
Q

What does subject to contract/without prejudice/without prejudice save as to costs
mean?

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69
Q

What does time of the essence mean?

A
70
Q

When do notices need to be served at rent review?

A
71
Q

What is the valuation date at lease renewal?

A
72
Q

What are the different types of rent review?

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73
Q

What is a hypothetical lease?

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74
Q

What is a rent review assumption/disregard?

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75
Q

Give me an example of a typical assumption/disregard?

A
76
Q

Can you challenge an arbitrator’s award and, if so, under what grounds?

A
77
Q

Can you challenge an expert’s determination?

A
78
Q

What is the presumption of reality?

A
79
Q

Tell me about one example of rent review/break option/lease renewal case law you
are aware of.

A
80
Q

What is a turnover rent?

A
81
Q

What is a geared rent?

A
82
Q

Tell me about your understanding of fitted assumptions?

A
83
Q

Tell me about your understanding of a fitting out rent free period?

A
84
Q

What RICS guidance relates to the use of comparables?

A
85
Q

What does the RICS say about conditional fee agreements when proceeding to third
party as an expert witness?

A
86
Q

What does disclosure mean in relation to a lease renewal?

A
87
Q

How would you deal with post-dated rent review evidence?

A
88
Q

How do you treat tenant’s improvements at rent review?

A
89
Q

How would this differ at lease renewal?

A
90
Q

Talk me through your understanding of the RICS guidance on dilapidations.

What is the dilapidations protocol?

What timings apply to a dilapidations claim?

A
91
Q

What is PDPAC?

A
92
Q

What is quantified demand?

A
93
Q

What is a Scott Schedule?

A
94
Q

What is a diminution valuation?
What legislation relates to diminution valuations?
What would you find in a schedule of dilapidations?
What type of landlord’s schedules exist?
What documentation do you need to consider in relation to a dilapidations claim?
What remedies exist for dilapidations during the lease term?
Why and when would you recommend one/each of these?

A
95
Q

What is supersession?

A
96
Q

How should you respond to a dilapidations claim?
How can you settle a dilapidations dispute?
When would you consider ADR or litigation?
What is an offer to settle?
Can you use a Part 36 offer in a dilapidations claim?
What is included on a settlement agreement?

A
97
Q

Why are turnover rents becoming increasingly popular? How might this affect future
rent reviews and lease renewals?

A
98
Q

Explain the precedent set in WH Smith Retail Holdings v Commerz RI mbH (2021)
relating to pandemic rent suspension clauses.

A
99
Q

What was the outcome of the W (No. 3) GP (Nominee A) Ltd & W (No. 3) GP (Nominee
B) Ltd v JD Sports Fashion Plc case in relation to turnover rents at a contracted in lease
renewal?

A
100
Q

How would you advise on the SDLT liability between a surrender and regrant and a
reversionary lease?

A
101
Q

What recent county court cases have there been on Covid lease renewals?

A
102
Q

What is the ‘Chartbrook’ principle on index linked rent reviews?
Following the Chartbrook case, what was the outcome of the Monsolar IQ Ltd v Woden
Park Ltd case?

A

EHAPC (41 decks)

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