Property Practice Flashcards

1
Q

What is the statutory protection given to commercial tenants under the Landlord and Tenant Act 1954?

A

Tenant does not have to vacate their property at the end of a contractual lease, unless the landlord uses one of the statutory methods of terminating the lease

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2
Q

What are the four ways a tenancy protected by the 1954 Act can be terminated?

A
  1. Forfeiture by the landlord
  2. Surrender by both parties
  3. Landlord serves a valid section 25 notice (to terminate lease or suggest new lease), or
  4. Tenant serves a valid section 26 notice (to request a new lease)
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3
Q

What are the three statutory requirements for a landlord to contract out of the 1954 Act?

A
  1. Health warning from landlord
  2. Declaration from tenant
  3. Reference in the lease
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4
Q

What is a section 25 notice, and when must it be served?

A

A notice sent by the landlord informing the tenant that they require the premises back at the end of the term, or that they wish to enter into a new lease with the tenant, served between six and twelve months before they wish the tenancy to end

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5
Q

What are the seven statutory grounds (three of which concern tenant fault and four of which do not), one of which must be contained in a section 25 notice?

A

Discretionary:
Tenant fault:

  • Failure to repair
  • Persistent delay in paying rent
  • Substantial breaches of other obligations

No tenant fault:

  • Landlord requires whole premises (if tenant only rents part)

Not discretionary:

  • Has suitable alternative premises for the tenant
  • Intends to demolish or reconstruct premises which cannot be done with tenant in occupation
  • Intends to occupy premises himself
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6
Q

What is a section 26 notice, and when must it be served?

A

A notice sent by the tenant requesting a new lease, served between six and twelve months before they wish the new tenancy to begin

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7
Q

After receiving this notice, how long does the landlord have to inform the tenant if they intend to oppose the request?

A

Two months

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8
Q

What must a landlord do in response to a section 26 notice if they are unwilling to agree to a new lease?

A

Justify their refusal by reference to one of the seven statutory grounds they would be able to use for their own section 25 notice

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9
Q

What is a tenant entitled to if a landlord quits the lease using a no-fault ground?

A

Compensation, on the basis that they have not done anything wrong

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10
Q

Why is the tenant not entitled to compensation where there is alternative premises?

A

Because they will not have suffered any loss

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11
Q

What topics does the full Property Practice deck contain, and how do I access it?

A

The full deck contains over 130 flashcards dealing with the SRA syllabus:

  • Types of Property Transactions;
  • Preliminary Matters and Starting a Property Transaction;
  • Investigating Title;
  • Pre-Contract Searches;
  • Planning;
  • Funding the Transaction;
  • Exchange of Contracts;
  • Pre-Completion;
  • Completion;
  • Post-Completion;
  • Remedies for Delay;
  • Commercial Security of Tenure.

Access is currently £25 per full subject, e.g. Property Practice, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.

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