APC Property Management Flashcards
What is a periodic tenancy?
Rolling tenancy with no fixed end date.
Period is informed by regulation of rent payments.
Can be created when a contracted out lease expires and you remain in occupation and paying rent.
Terms are the same as the previous documented agreement.
Periodic tenancies are automatically protected under the 54 Act.
What is a tenancy at will?
Unwritten agreement between a landlord and a tenant for consent to occupy.
No specification or duration or payment and can be terminated at any time.
Tenant has little to no rights and is vulnerable to disturbance.
Explain what an asset transfer is.
What is an NTQ?
Notice to quit
Can be served by either Landlord or tenant, and brings the lease to an end.
Usually done at the end of the term, or in case of significant and unrectified breach.
What is a quiet enjoyment clause?
Common law
Requires the grantor/ grantee to allow the other party to use and occupy their premises free from disruption.
What is the key case law relating to part repayment of rent, insurance and service charges?
M&S v BNP Paribas 2015
upheld judgement in Ellis v Robotham
unless explicitly stated, no repayment due.
- not required to ensure business efficacy
- not so obvious as to be required
What is the key case law relating to quiet enjoyment of premises?
Timothy Taylor Ltd v Mayfair House Corp. 2016
LL’s exceptions and reservations were not carried out reasonably, interfering with the tenant’s QE clause. LL was in breach, damages awarded for breach and derogation from grant. Rent payable under the lease reduced by 20% for duration of the works.
What is derogation from grant?
where a benefit is conferred on a party, the other party is prevented from undertaking activities which would prevent the exercise of this benefit.
What is the key case law for derogation / breaching an easement?
Carnegie v Nolan 2018
moving of car parking spaces agreed via deed of easement in exchange for lump sum £60k) removed any benefit for the subservient tenement and so was a breach.
What is the ‘presumption of reality’?
Assumption that the rental value of a commerical property is for the whole of the demised premises as they exist at the review date.
Can be rebutted, but unpopular with the courts.
What is the key case law for the presumption of reality?
British Gas Corp. v Universities Superannuation Scheme 1986
also found that RR’s are a way for LL to seek market rate of a property.
Key case law for time being of the essence in rent reviews?
United Scientific Holdings v Burnley Borough Council 1978
Time limits will be strictly applied (ie of the essence) in a rent review clause if this is what the lease states. Time may also be held to be of the essence where the lease contains a break clause tied in with the rent review
What does s196 of the Law of Property Act 1925 require for a notice to be valid when served?
- must be in writing
- name of recipient doesn’t have to be included
- valid even if person affected is absent or unascertained
- sufficient if left at last known place of abode or business
- sufficient if sent by post to addressed recipient at last known place of abode or business
- deemed to have been made at time when post is due to have been delivered regardless if received - unless racked post is returned unsigned etc.
Key legislation for property management.
Law of Property Act 1925
Landlord and Tenant Act 1927 (alt and impro)
Landlord and Tenant Act 1954 (SoT)
Landlord & Tenant Act 1985 (service charges)
Landlord and Tenant Act 1988 (consent)
Landlord & Tenant (Cov) Act 1995 (old & new)
Key case law for contract clause meaning in leases?
Arnold v Britton 2015
