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APC > Landlord And Tenant > Flashcards

Landlord And Tenant Flashcards

1
Q

What actions are required by a surveyor for lease renewal?

A 
Check CoI
Agree ToE
Understand clients objectives 
Get information 
Read information 
Check time
Inspect and measure
MR valuation
Prepare report
Agree strategy/ who serves notices
Open negs
Conclude negs
Instruct lawyers to prepare new lease
Submit invoice
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2
Q

What actions are required by surveyor on a rent review?

A 
Check CoI
Agree ToE
Understand clients objectives 
Get information 
Read information 
Check time
Inspect and measure
MR valuation
Prepare report
Agree strategy/ who serves notices
Open negs
(3rd party determination)
Conclude negs
Submit invoice
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3
Q

What are the assumptions of a rent review?

A

Available on open market
VP
Fit for immediate occupation
Enjoyed period for fitting out

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4
Q

What are the usual disregards in a rent review

A

Goodwill on tenants occupation
Goodwill attached to the property
Tenant improvements if consent granted

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5
Q

What are the basis of valuation in a rent review?

A

Upwards only

In line with RPI

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6
Q

What does the code of leasing business premises say about rent reviews?

A

Clear clause
Headline rent not to be used
LL or T able to start it

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7
Q

What’s a Calderbank Offer

A

Can achieve an early resolution to dispute
Without prejudice save as to cost
Loosing party to pay costs
Offer to include time limit (usually 21 days)
Must be genuine

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8
Q

What is the hierarchy of evidence in a rent review?

A 
Open market transaction 
LR + RR
Independent Expert
Arbitrator 
Court determination 
Hearsay 
Sale and leaseback
Surrender and renewal
Inter-company arrangements
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9
Q

How is the third party determination decided?

A

Read the lease

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10
Q

What is the cost of a third party determination application and who do you apply through?

A

Apply through President of RICS

£395 plus VAT

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11
Q

Tell me about arbitrators

A

Members of the chartered institute of arbitrators
Acts on evidence submitted
Has the power to disclose
Right to appeal through high court on point of law
Not liable of negligence
Acts in accordance with Arbitration Act 1996
Outcome called Award

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12
Q

Tell me about independent experts

A 
Has a duty to investigate 
Can use own knowledge 
Has no power to disclose
No right to appeal 
Can be liable 
Outcome called a determination
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13
Q

What is an advocate?

A

Represents their client in court
Only has to disclose what they with to
Acts in best interest of client
Must act with integrity

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14
Q

What is an expert witness

A

Must be impartial
Duty is to the court
Evidence must be work of the surveyors
RICS Practice Statement - surveyors acting as expert witnesses 2014

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15
Q

What’s in a rent review memorandum?

A 
Name of LL and T
Address of property
Date of lease and RR
New agreed rent
Signed and dates by both parties

Can also be recorded by:
Independent experts decision
Arbitrators award
Written acceptance of Calderbank offer

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16
Q

What are the surveyors fees based on for a rent review

A 
% saved 
% agreed
Hourly 
Fixed 
Incentive
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17
Q

What are the main sections of the 1954 Act?

A 
23 - application to T
24 - security of tenure provisions and continued tenancy - holding over
25 - LL Notice - end or new
26 - T notice for new
27 - T notice to end 
28 - renewal of tenancy agreement 
29 - order by court - new
30 - LL ground of opposition 
32-35 - terms of new lease
37 - compensation 
38A - contracting out
40 - notice requesting info on LL/ T
44 - Definition of competent LL
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18
Q

What does a tenant have to ensure in order keep protection?

A 
Is a tenancy
Used for business
Occupy part
Occupy more than 6 months 
Must not be exempt or excluded (tenancy at will/ services tenancy)
Competent LL
19
Q

How does a LL request new tenancy and what must the notice comply with?

A 
Serves 6-12 month before stated exp date
Given by competent LL
For whole premises 
State date of determination 
In proscribed form and inform T of rights 
Friendly - propose new terms
Hostile - state ground of opposition
20
Q

What must a S25 notice include?

A 
Name and address of LL & T
Address of property
Date to end tenancy
New lease opposed/ granted
Response date
New terms/ grounds of opposition 
Recommend professional advice
21
Q

How is a S.26 notice served?

A

6-12 months before before requested new date
In proscribed form
New terms

22
Q

How does a protected tenant terminate lease?

A

Either by vacating at expiry
Or
Serving a S.27 notice giving 3 months notice after expiry date

23
Q

What grounds does a landlord have to oppose a new lease?

A

a) breach of repairing covenant
b) persistent delayed payment of rent
c) other substantial breach
d) provide suitable alternative accommodation
e) uneconomical subdivision
f) demolition or reconstruction (prove funding, planning, substantial work and necessity to gain VP)
g) owner occupation (owned 5+ years)

A-E decided in court
F-G mandatory

24
Q

1954: what case heard that LL is entitled to oppose new lease or redevelopment grounds even where the redevelopment is devised solely for evicting the tenant

A

S. Franses LTD v The Cavendish Hotel (2017)

Being appealed

25
Q

S.Fransis v Cavendish Hotel

A

LL entitled to refuse new tenancy on the grounds of refurbishment even if it is solely to evict the tenant

26
Q

1954: what case related to competent LL wanting to occupy building for own use?

A

Frozen Value v Heron Foods

LL must have been competent for previous 5 years otherwise clock resets

27
Q

Under the 1954 Act, when is a T entitled to compensation?

A

Grounds E-G

< 14 years = 1x rateable Value
> 14 years = 2x rateable Value

28
Q

How does a LL contract out of the act?

A

Under S.38A

Serve a health warning

T must then make deceleration in response confirming that he has received the notice and accepts terms

Simple deceleration - at lease 14 days prior to committing tot the lease
Statutory declaration - less than 14 days (must be signed in front of independent solicitor)

29
Q

1954: what case is about a landlord opposing to new tenancy used redevelopment grounds only to change his mind after tenant had found new space at higher rent? And what was the out come?

A

Inclusive Technology v Williams (2009)

Court found that landlord should have informed T of decision not to redevelop and had to pay difderence in rent

30
Q

How long a lease can court grant a new tenant?

A

15 years

31
Q

What act must arbitrators follow?

A

Arbitration Act 1996

32
Q

What does without prejudice mean?

A

Used for rent reviews

During the period of negotiations, the opposing party can not rely upon any document or discussions held which are labelled with out prejudice

33
Q

What is a licence?

A

A licence passes no interest in land but only makes lawful what would otherwise be unlawful - Murdoch 1998

  • a right to enter a property
  • 3 years max
  • serviced office
34
Q

What is a lease?

A

A lease provides an occupier with an estate in the relevant land.

35
Q

What are the four requirements of a lease?

A
  • exclusive occupation
  • payment of rent
  • duration of a specific term
  • if more than 3 years the terms must be in writing, signed and registered as a deed
36
Q

What is a tenancy at will?

A

Form of licence created by written agreement for an unspecified time

Not an interest in land

Used for allowing a T early access for fitting out

37
Q

What is a wayleave?

A

A temporary right and recives an annual payment

Can not be transferred to a new owner

38
Q

What is an easement?

A

A permanent right and receives capital payment

Can be registered with land registry

Uninterrupted use over 20 years

Right of way

39
Q

What act deals with landlord consent to alienation not to be unreasonably withheld or delayed and what is the penalty?

A

Landlord and Tenant Act 1988

Claim for damages

40
Q

What is an AGA?

A

Authorised Guarantee Agreement

L+T Act 1995 abolishes probity of contract and introduced AGAs for the most recent former tenant

Code of leasing businesses states that AGAs should not be unreasonably requested but only used when new tenant is of a worse covenant strength

41
Q

What is the LTA 1995?

A

Abolished probity of contract and introduced AGAs

42
Q

What is the LTA 1927?

A

It deals with landlord consent for license for alterations

S.19 imposes that consent can not be unreasonably withheld.

43
Q

What do you serve when requesting reinstatement?

A

A 146 notice in accordance with the 1925 Law of Property Act

APC (11 decks)

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