Property 9 Flashcards
Three Ls Answer Structure
Lease
Law
Landlord’s advice
Step 1
Cite lease clause
Step 2
Identify Absolute, Qualified, fully qualified
Step 3
Cite statute and explain how it affects / upgrdes the clause
19(2) LTA Improvements / Alterations
19(3) LTA Alteration of the User
Step 4
4 Cases.
Lambert v Fw Woolworth - Impovement Perspective Tenant
Iqbal v Thakrar - change of use could be reasonably witheld on cirucmstances such as a safety issue.
Moss Bros - Landlord may have mixed use policy and reasonably withold consent on basis.
Moss Bros - Landlord may have mixed use policy and reasonably withold consent on
**Ashworth Frazer Ltd v Gloucester City Council **
Landlord Can reasonably refuse if its tenant intends to breach covenant (rent or other)
Can the landlord Recover Costs
Statute provision
Other Consents needed?
Building Regs?
Use Classes - planing - GPDO
PWB Official Copies - Insurance, Land Registry
3 Service Charge Notes
Percentage of whole property
L’s Auditors calculate and send certificate to T at end of financial lear
lease specify when payment is due and what happens to overpayments at end of lease
Continuous
One off
Deed of Variation
License for alteration
Don’t alter Term or extent because….
Instead for Extent …
And Term
SDLT payable and old lease registration will have to be closed and a new one opened at land registry.
New Lease
Reversionary Lease to start no more than 21 years after granted.
Alterations Provision and Effect
Ref + 5 Parts
S 19 (2) LTA 1927
Applies to qualified covenants
Upgrades a qualified cov to fully qualified
L can require reasonable sums if value of premises is reduced
L can require payment of reasonable fees
L can require reinstatement
Change of Use Provisions and Effect + 4 points
S 19 (3) LTA 1927
Applies to qualified covenants
Does NOT upgrade a qualified cov to fully qualified - “statute on use is no use”
L can require reasonable sums if value of premises is reduced
L can require payment of reasonable fees
