Tenancies Flashcards
Which part and section of the Agricultural Tenancies Act 1995 contains the detailed code for rent reviews?
Part II, sections 9-14
What is the name and date of the agricultural tenancy reforms that took place?
The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006
How often can an AHA 1986 rent review take place?
No more than once every three years
What notice is used to trigger a rent review for an AHA 1986 tenancy?
Section 12
When can a section 12 trigger notice be server for an AHA 1986 tenancy rent review?
At least 12 months but no more than 24 months before the rent review date. I.e. the earliest date which the tenancy could next have been terminated by notice to quit (the first annual term date of the tenancy
What section of the AHA 1986 governs the service of rent review notices?
Section 93
What rules must be adhered to when serving a section 12 (aha 1986) notice?
The notice must be:
A) delivered personally to recipient
B) left at his proper address (last known address) and;
C) sent by recorded delivery post
What requirements must a section 12 (AHA 1986) notice comply with?
The notice must be:
A) in writing
B) requiring “rent payable to be referred to arbitration from the next determination date”
C) correctly identify the parties
Factors to be disregarded when determining rent reviews and under the AHA 1986:
1) tenants improvements
2) tenants fixed equipment
3) grant funded element of any landlord improvements
4) effect of the rent of the tenants actual occupation
5) dilapidations causes or permitted by tenant
6) high farming
7) anything adding value which is personal to the sitting tenant E.g. supermarket contracts, planning permission limited to the tenant
What are the 4 key factors that the rent review formula requires an arbitrator to consider in every AHA 1986 rent review?
1) terms of tenancy
2) character and situation of holding
3) productive capacity and related earning capacity of the holding
4) current rents for comparable holdings
What date do succession rights no longer apply for AHA 1986?
12th July 1984
What date signifies the creation of Farm Business Tenancies under the ATA 1995?
1st September 1995
What part and section of the AHA 1986 deals with succession on death?
Part IV, ss 35-48 and schedule 6
Which part and section are of the AHA 1986 deals with succession of retirement?
Part IV, ss 49-58 and Schedule 6
What are the three stages of the eligibility test?
A) close relationship test
B) livelihood test
C) Commercial unit test
What are the key points of the suitability test?
1) Training and/or practical agricultural experience
2) Age, physical health and financial standing
3) Any views of the landlord on suitability - effectively limited to any comments landlord had on the first two limbs of the test
Who classifies as a ‘close relative’ when undertaken succession tests under aha 1986?
Wife, husband or civil partner
Sibling
Child of the deceased (not children in law)
Person ‘treated as a child’ in relation to a marriage/civil art worship of which deceased was a third party
How many years are specified in the principal source of livelihood test, that the applicants agricultural work on the must be provided as his principal source of livelihood?
At least 5 out of the last 7 years ending with the date of death/date of retirement notice.
What percentage quantifies as ‘principal’ when it comes to the principal source of livelihood test?
51% +
Case law relating to principal source of livelihood test?
Littlewood v Rolfe [1981]
What section of AHA 1986 states that NTQ must expire on tenancy term date to be valid?
Section 25(1)
AHA1986
If tenant becomes insolvent when a NTQ need to be served for repossession of land for non-ag use, what is the notice period reduced to?
6 months
When can possession be regained at at short notice for a non-agricultural purpose in an AHA 1986 tenancy ?
When an early resumption clause is contained within the tenancy agreement, specifying that VP is gained for a specified purpose other than agriculture.
Is there a minimum notice period for contractual clauses for NTQ in AHA 1986 tenancies? Explain.
No. But case law states that sufficient time should be provided to the tenant to make a compensation claim.
Case law relating to AHA 1986 NTQ? What did the case law define.
Mannai Investment Co Limited v Eagle Star Life Assurance Co Ltd (1997)
The case defined that a NTQ must comply with any expressed requirements stated within the tenancy agreement. Specifically “if the clause requires the notice to be served on blue paper, it should not be served on pink paper”
When is a NTQ of part (AHA1986) no longer invalid at common law? Provide the 3 validations.
1) when s31 applies
2) when contractual clauses are contained within tenancy agreement expressly allowing NTQ of part, known as resumption of part clause.
3) severance of the freehold reversion, allowing LL to rely upon S140 Law of Property Act 1925
What is S31 of AHA 1986, relating to NTQ for non agricultural purposes? Provide some examples.
Provides that a valid NTQ of part of an ag holding can be given for a specified purposes within s31 and then NTQ states that fact.
Examples
When ag unit boundaries are being adjusted.
Provision of allotments
Provision of dwelling for farm workers
Provision of gardens for farm workers cottages
What section of AHA 1986 relating to NTQ of part of ag holding for non ag uses, specifies that a common law invalid NTQ of part of a holding can be overridden by contractual provisions in tenancy agreement?
S25 (2)(b)
When will the new suitability test be introduced?
1st September 2024
When will commercial unit test be abolished in England?
1st September 2024
What is timings and procedure of succession on death for AHA 1986 tenancies?
Applicant who wishes to succeed must do so within 3 months of tenant death using prescribed form (TA10 in Wales).
If LL wishes to oppose, he must file and complete a reply to tribunal within 1 month of receiving application on Form TA11 (Wales).
The LL must also serve a Case G NTQ upon executors within 3 months of receiving formal written notice of the death or notice of succession application. This part is ESSENTIAL for LL.
What are timings and procedure for succession on retirement for AHA 1986 tenancy?
Retiring T must serve retirement notice at least 12 months prior to term date, specifying the proposed successor.
Nominated successor must then apply to Tribunal within 1 month of retirement notice, for a new tenancy using prescribed form TA14 (Wales).
