Optional - Landlord and Tenant (L2) Flashcards
What are the timings regarding S25/26/27 notices?
Section 25 Notice (Landlord’s Notice to Terminate or Renew a Tenancy)
The landlord must serve the notice between 6 and 12 months before the date specified in the notice.
Section 26 Notice (Tenant’s Request for a New Tenancy)
A tenant must serve the notice between 6 and 12 months before the requested commencement date of the new tenancy.
The landlord must respond within two months if they wish to oppose the renewal.
Section 27 Notice (Tenant’s Notice to Terminate Tenancy)
If the tenant wants to vacate at the lease expiry, no notice is required—they can simply leave.
What clauses in a lease impact the rent review?
- Security of tenure
- Restrictive clauses
- Lease length
- User
What is a hypothetical term?
A hypothetical term is a concept used in valuation to compare with other leases.
What are the differences between an Arbitrator and an Expert?
Arbitrators make binding decisions, while Experts provide opinions.
How do you value a retail unit split over multiple floors?
Ensure consistency, a/2 for floors above usually.
What is the difference between an agency inspection and a valuation inspection?
An agency inspection focuses on marketability, while a valuation inspection focuses on value assessment.
Top 5 on Hierarchy of Evidence?
OML, LR, RR, IE, Arb
What is the difference between a lease and a licence?
Lease - occupation for an agreed amount of time
Licence - allows tenant to do something that is otherwise illegal
How much compensation is a tenant due if they have been in occupation for 12 years?
1 x RV
Where are the grounds of opposition set out?
Section 30
What are the grounds of opposition?
A. Breach of repairing covenant (fault)
B. Persistent delay in paying rent (fault)
C. Other substantial breach (fault)
D. Provide suitable alternative accommodation
E. Uneconomic subdivision (compensation payable)
F. Demolition or redevelopment (compensation payable)
G. Owner occupation (compensation payable)
What is interim rent?
Interim rent is the temporary rent payable by a tenant after the contractual expiry of a lease but before a new lease is agreed upon
What is meant by the term ‘without prejudice save as to costs’?
Cannot be used as evidence in court until the matter of costs is considered. If Party B rejected a reasonable offer, the court may order Party B to pay Party A’s legal costs.
2 examples of typical assumptions and disregards at review
Assumptions:
Property available to let on open market by willing L to a willing T for a term of years as stated
Property fit and available for immediate occupation and use
Disregards:
Tenant’s goodwill
Tenant’s improvements
What is security of tenure?
Security of tenure is the legal right of a tenant to continue occupying a property after the lease term expires.
Section 25?
Section 25: Outlines the procedure for landlords to terminate a tenancy or propose terms for renewal.
Section 26?
Section 26: Allows tenants to request a new tenancy by serving a notice on the landlord, proposing terms for the renewal.
Section 27?
Section 27: Provides the mechanism for tenants to terminate their tenancy by serving a notice to quit, specifying the date on which the tenancy will end.
Section 28?
Section 28: Permits landlords and tenants to mutually agree on the renewal of a tenancy or the terms of a new one, allowing for flexibility outside the statutory procedures.
Section 29?
Section 29: Order by Court for a new tenancy
Section 30?
Section 30: Lists the grounds on which a landlord can oppose the grant of a new tenancy
Section 31?
Section 31: Specifies additional provisions related to the renewal process, including the terms and conditions that may be imposed in a new tenancy
What is contracting out?
‘Contracting out’ is where the L and T make an agreement prior to entering into the lease to exclude the statutory rights Sections 24-28 under the 1954 Act and the tenant therefore loses their automatic right to renew their lease at the end of the lease term.
