APC LL&T Flashcards
What is covered by Part 1 of the Landlord and Tenant Act 1954?
Security of Tenure for residential tenants.
What is covered by Part 2 of the Landlord and Tenant Act 1954?
Security of Tenure for Business, Professional and other Tenants
What is covered by Part 3 of the Landlord and Tenant Act 1954?
Compensation for Improvements
What is covered by Part 4 of the Landlord and Tenant Act 1954?
Miscellaneous and Supplementary
Discuss the content of Part 2 of the 54 Act.
Section 23 - tenancies to which Part 2 applies
S.24-28 - continuation and renewal of tenancies
S.29-38 - application to court for new tenancies
S.39-46 - general and supplementary provisions
What notices are required to terminate a protected tenancy?
Landlord termination - Section 25
Tenant termination - Section 27
What are the grounds for objecting to a new lease?
7 grounds, 2 mandatory:
intention to demolish or reconstruct (m)
intention to occupy (m)
breach of repairing covenant
persistent delayed rent
breach of other obligations
availability of alternative accommodation
let as a whole rather than as parts
How is a Section 25 Notice served?
Via the mechanism detailed in the Lease, or it is invalid.
6-12 months notice is the requirement, if Tenant does not respond / negotiate then the notice will stand.
Tenant must respond within 2 months
How is a Section 27 Notice served?
Via the prescribed method in the Lease, and again 6-12 months before proposed commencement date.
Landlord must respond within 2 months
Discuss
‘On Tower UK Limited v AP Wireless (II) UK Limited [2022]’.
- New Zealand Farm
- Initial renewal should be completed under the 54 Act.
- Valuation to be governed by Section 34 open market principles.
- Used Pippingford approach of using comparable evidence rather than Hanover.
- O’May principle meant that APW additional requests declined.
Discuss
EE and H3G v Morriss and others [2022]
- Pippingford
- Established that comparable method should be adopted in 54 Act protected cases where evidence available.
- Valuation to be governed by Section 34 open market principles.
- Annualisation of ECPs etc.
What’s the key case law for lease v licence?
Street v Mountford 1985
labelling doesn’t matter, the effect of the document does.
What must a lease do?
- confer exclusive possession
- receive a rent or premium associated
(disputed in Ashburn Anstalt v Arnold 1988) - last a defined term
When must a lease be registered?
If 7 years or more in length
What is covered by Section 23 of the 1954 Act?
Tenancies to which Part 2 applies
What is covered by Section 24 of the 1954 Act?
Continuation of tenancies to which Part 2 applies, and grant of new tenancies
What is covered by Section 24A-D of the 1954 Act?
Applications for determination of interim rent
