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8. Security of Tenure Flashcards

1
Q

Why are mandatory grounds not always preferable under 30(1)

A

2/3 mandatory grounds trigger compensation under 37(1A)

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2
Q

When is the CED of a lease which is ‘from’ starting date

A

Expires that day

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3
Q

Why are mandatory grounds preferable under 30(1), on the one hand

A

Bc court does not have discretion in whether to grant termination

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4
Q

Who decides rateable value for 37(1A) compensation

A

LA

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5
Q

When will residential use of property still attract security of tenure

A

If business is the principal use and residential is only incidental

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6
Q

What happens if SDLT payable and T holding over

A

Counted as extension of the lease, so account to HMRC

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7
Q

Where are tenant rights under ‘54 Act

A

24(1)

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8
Q

What must 26 notice state

A

Terms for new lease

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9
Q

What is no longer an option if 27 notice served

A

Service of another notice under 26

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10
Q

What does L state if serving notice under 25

A

If hostile or friendly and 30(1) grounds

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11
Q

26 ‘54 Act applies to what

A

T can request new tenancy

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12
Q

What is the consequence of failing to apply to court

A

T loses right to new lease

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13
Q

Rate of compensation for T less than 14 years

A

1 x multiplier x rateable value

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14
Q

Why should app to court always be made when 25/26 notice served

A

As a safety net for T

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15
Q

Who serves 25 notice

A

Competent L

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16
Q

When does T sign a statutory declaration to contract out of ‘54

A

If shorter notice than 14 days given by L

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17
Q

What Act gives security of tenure

A

‘54

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18
Q

What three things can be included in ‘rent’

A

Annual rent, service charge and insurance rent

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19
Q

Who is 27 notice served on

A

Immediate L

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20
Q

Unilateral notice used for what

A

Protect interest during court action w/ reg land

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21
Q

What do you look to in order to decide manner of service for 25/26 notice

A

Lease provisions

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22
Q

27 ‘54 Act

A

T serve notice to terminate tenancy

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23
Q

Under what part of ‘54 can L serve friendly/hostile notice to terminate

A

25

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24
Q

37(1A) ‘54 Act

A

Compensation for 30(1) grounds

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25
What was needed for leases granted prior to June 2004 to contract out of '54
Court order
26
By when must L serve warning notice for T to contract out of '54 Act
At least 14 days before T bound to enter leave (unless waived)
27
For what notice between 25 - 27 is there no prescribed form
27
28
What is the rate of interim rent
MV if friendly, below if hostile
29
When might STD under 25 be 6 months from notice (generally)
If L wants T to move out
30
When might STD under 25 be 12 months from notice (generally)
If L wants T to stay in bc e.g. on high rent
31
What leases does security of tenure apply to
Properties occupied (At least partly) by T for business purposes as a lease
32
44 '54 Act applies to what
Competent L
33
How do you protect court action for reg land
Unilateral notice in LR
34
O'May v City of London ratio
If parties cannot agree on new lease terms, court starts from current tenancy
35
Can extensions be agreed to apply to court for 25/26 notice?
Yes
36
Street v Mountford?
Lease v. licence
37
What should L do if lease contracted out of '54, but T staying beyond CED
Seek express acknowledgment from T that T = tenant at will
38
How can extensions be agreed for time to apply to court
In writing
39
When is SDLT payable on a lease
If paid on original lease
40
By when must 27 notice be served
At least 3 months before date T wishes to leave
41
What is the benefit for T of applying for interim rent
Removes financial risk of 25 notice beating 26 notice
42
Does a lease under '54 Act include periodic tenancies?
Yes
43
25 '54 Act applies to what
L can serve friendly or hostile notice
44
Part of '54 Act on contracting out of security of tenure
38A
45
How do you protect court action for unreg land
Pending land action
46
When is the deadline for applying to court under 25/26
Day before PCD/STD
47
38A '54 Act applies to what?
Contracting out of '54 Act
48
What is the only way L can terminate lease protected by '54
By ground in 30(1)
49
What does the rate of compensation under 37(1A) depend on
Period of occupation of tenant
50
When can compensation under 37(1A) be excluded
T occupying for less than 5 years or parties agree amount
51
What can T do if L serves 25 notice w/ STD of more than 6 months
App to pay interim rent from earliest possible STD L could have specified under 25
52
Pending land action used for what
Protect interest during court action w/ unreg land
53
What are the rules on the PCD under 26
Min 6 and max 12 from date notice served - cannot precede CED
54
Rate of compensation for T 14 years+
2 x multiplier x rateable value
55
Who decides terms of new lease if parties cannot
Court
56
When can app to court be made after 26 notice srved
Any time after counter-notice served, or 2 months from notice if no CN
57
How is COMP different for lease
'OS1' is now OS2 if only part, 'Money' is rent (inc. deposit, service charge + insurance), and lease is 'Proof'
58
Part of '54 Act on excluded tenancies
43
59
What must L highlight if opposing 26 notice
30(1) grounds in counter-notice
60
When is compensation not available, even if e, f or g relied on
If other factor also relied on which does not trigger compensation
61
What can L do if T serves 26 notice
Oppose within 2 months by counter-notice + 30(1) grounds
62
If parties cannot agree on new lease terms, court starts from current tenancy (case)
O'May v City of London
63
What is the multiplier for compensation under 37(1A)
1
64
What is 'holding over'
T occupying beyond CED
65
When is 27 notice not necessary
If T to vacate by CED
66
When should app to court be made
Once 25/26 notice served
67
Does T retain security of tenure if he underlets
No
68
What shows which grounds under 30(1) are discretionary
'Ought not'
69
For what 30(1) grounds is compensation available
e, f and g
70
What steps apply to pre-completion of a lease
COMP
71
How does the court decide other terms not in 32 - 34 if parties cannot agree for new lease
Start from current tenancy, but consider if still suitable
72
What is the knock-on effect of extending time to apply to court
Also extends PCD/STD
73
Under what part of '54 can T request new tenancy
26
74
For what two notices must T/L use prescribed form
25 and 26
75
Who is 26 notice served on
Competent L
76
What are the rules on the specified termination date under 25
Min 6 and max 12 from date notice served - cannot precede CED
77
Under what part of '54 Act can T serve notice to terminate tenancy
27
78
Procedure for excluding protection of '54 Act
L serves warning notice, T signes simple declaration (or statutory), and lease contains wording of exclusion as well as ref to notice + declaration
79
What case determines lease v. licence
Street v Mountford
80
Why might parties contract out of '54 Act
Lower rent + acceptable if short term + no amendments to premises
81
30(1) '54 Act applies to what
Grounds L can rely on to terminate '54 Act
82
When is the CED of a lease which includes starting date
Day before
83
24(1) '54 Act is what
Tenant rights
84
What happens if one side serves notice under 25/26, in terms of acts the other side can take
Other side cannot serve notice
85
Why might T serve 26 notice
To renegotiate rent, or to pre-empt 25 notice
86
Where are the principal terms of the new lease in '54 Act
32 - 34
87
Part of '54 on competent L
44
88
Three tenancies excluded from security of tenure
Agricultural, mining and fixed term not exceeding 6 months
89
When may L choose to serve counter-notice (but need not)
To state not in opposition to grant of new tenancy
90
Two ways T can protect right to new tenancy
Apply to court **_by_** day before PCD/STD, and apply to LR for pending land action (*unreg*) or unilateral notice (*reg*)
91
What does O'May v City of London show the court consider for terms of new tenancy
Justice and fairness - have to show terms are reasonable

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