Landlord and Tenant Flashcards

Question

What is the current cost of the application for third party determination by the President of the RICS?

Answer 1

"- Detailed knowledge of the market as a valuer - Appointed by President of the RICS by the Dispute Resolution Service - Not bound by judicial rules - Can make own investigations and have own opinion - Bound by terms of lease - No appeal against their decision but they can be sued for negligence - Good when there is a lack of comparables - No power to order disclosure - Orders costs as set out in lease but only has power over their own costs"

Answer 2

"- Arbitration Act 1996 - Can be appointed by RICS President using the Dispute Resolution Service and be a member of the Chartered Institute of Arbitrators - Format decided by arbitrator to include agreed statement of facts and timetable for submission - Statement of facts is a summary of the points agreed between both parties - Can order costs (power over all costs) - Provides a reasoned award - Can only use evidence submitted by the parties - Limited right of appeal - Immune from negligence and can order disclosure - Section 34 of the Arbitration Act - rent review, comprable evidence has to be revealed"

Answer 3

"1. A challenge to the tribunal's jurisdiction 2. On a point of law 3. Serious irregularity"

Answer 4

"Entitles parties of a rent review to see the other sides rental evidence by ordering disclosure of the contents of a file at the decision of an arbitrator - Can be used to secure the attendance of a witness - 'Without Prejudice' makes a document legally privileged so it is protected against disclosure "

Answer 5

RICS Guidance Note - Independent expert determination 2016

Answer 6

"Represents their client at a hearing or in court - Duty is to act in the best interests of their client"

Answer 7

"1. The expert evidence provided by a chartered surveyor must be impartial and objective 2. Duty of the surveyor is to the court and this will override any obligations to the client 3. Evidence must be the independent work of the surveyor 4. The surveyor must believe that the facts upon which they rely are complete and true and their opinions are correct"

Answer 8

"- Name of landlord and tenant - Address of the property - Date of the lease and rent review - Confirmation of the new rent agreed - Signed dated by both parties"

Answer 9

"1. It is a tenancy 2. Premises must be used for a business 3. Must be occupation of at least part of the premises by the tenant 4. There must be occupancy for at least 6 months 5. Must not be an exempted or excluded tenancy (tenancy at will eg) 6. Must be a competent landlord (freeholder or superior tenant with more than 14 months to run"

Answer 10

" - States that a business tenancy won't expire through the elapsing of time but only when a notice is served - Otherwise deemed to be holding over until either LL or Tenant serves a notice to terminate the lease"

Answer 11

"- Landlord notice served not more than 12 months but not less than 6 months before the date for the termination of the tenancy to be specified - Must be served by competent landlord - Relate to whole of the property comprised in the tenancy - State the date for termination - Inform tenant of their rights - Non hostile, LL is prepared to grant a new tenancy - proposed terms for new lease including new rent must be included - Hostile, LL opposes new lease - grounds for opposition must be proposed - Maximum term of 15 years can be granted by County Court - If you pass date for new lease/termination as specified by s25/s26 notice then tenant loses their security of tenure unless: 1. New lease in place 2. Either party has applied to court 3. Parties have agreed in writing to an extension of their statutory period (a stay) "

Answer 12

"- Served on correct party - Name and address of the landlord and tenant - Address of the property - Notice of the date to end tenancy (either hostile or non) - Whether new lease is to be opposed or granted - Confirmation of the date of response required - Landlords proposals for new tenancy to include new rent - Grounds for opposition if hostile - Recommendation to seek professional advice"

Answer 13

"Tenant can serve a notice requesting a new tenancy beginning with a date more than 12 months and not less than 6 months after the making of a request - Served on correct party - Notice must be in prescribed form - Must tenant's contain proposal plus rent for new lease - If landlord opposes they must serve counter notice within 2 months"

Answer 14

"- Notice to be served by tenant if they want to leave with a 3 month notice after the lease expiry date - If tenant moves out prior to the lease expiry date then no notices needs to be served if the property is vacant"

Answer 15

"Section 30 a) Breach of repairing covenant b) Persistent delay in paying out c) Other substantial breach d) Provide suitable alternative accommodation e) Uneconomic subdivision (compensation payable) f) Demolition or reconstruction (compensation payable) - must provide intention, prove funding and planning, substantial work & necessity to gain vacant possession & ability to redevelop provided vacant possession is secured g) Owner occupation (compensation payable) - must have owned property for 5 years and prove intentino to occupy and/or run a business"

Answer 16

"a) to e) discretionary f) and g) are mandatory "

Answer 17

" 1) S Franses Ltd v The Cavendish Hotel (London) Ltd, 2017 - Initially held that a landlord is entitled to refuse new business tenancy on redevelopment grounds even where the redevelopment is devised solely for evicting the tenant - Supreme Court overruled in favour of the tenant in 2018 meaning landlord has to prove a firm and settled intention to carry out works 2) Betty's Cafes Ltd v Phillip Furnishing Stores (1959) - Court held that facts underlying grounds a0 to c) will need to be established at the date of the hearing and the statements given in a notice must be given honestly and truthfully 3) Associated British Ports v Humber Oil Terminal Trustees - Case relates to the landlord wishing not to renew a lease if it planned to occupy the premises for their own purposes - Tenant tried to seek new lease as landlord wanted terminal for own occupation to open it up to third party users - Court held that landlord did not have to renew the lease on the grounds that it could deminstrate clear intentions to occupy the holding for it's own purposes"

Answer 18

"Compensation of successful Section 25 opposing new business tenancy notice - 14 years plus occupation then it's 2x RV - Less than 14 years 1x RV - RV in force as at the date of the hostile s25 or s26 counter notice"

Answer 19

Terms of the new lease

Answer 20

"1. Landlord must have valid reason reason on estate management grounds 2. Change proposed must be capable of being compensated by a change in rent 3. Change must not materially adversely affect the tenants security of tenure 4. It must be reasonable"

Answer 21

"- Valuation date = date of commencement of the new lease as per notice - If new renewal goes to court then date of commencement of new tenancy will be 3 months and 2 weeks from the date of the hearing at which the court determines the rent - Court should assess rent based on the best available evidence at the date of the hearing Four assumptions for market rent: 1. Regards to the terms of the new tenancy 2. There is a willing landlord and a willing tenant 3. The premises are to be let with vacant possession 4. Any effect on rent of the operation of the Landlord and Tenant Covenants Act 1995 "

Answer 22

"1. Any effect on rent of the tennats occupation 2. Any goodwill in the tenants business attaching to the premises 3. Any effect on rent improvements carried out by the tenant (unless obligated by LL or carried out 21 years before tenancy application) 4. In the case of licensed premises, any effect on rent of additional value because of a license belonging to the tenant "

Answer 23

"Rent payable by business tenant under the Act for the period of occupation between the period of occupation between the termination of the former tenancy and the commencement of the new lease - Rent assumes annual tenancy and a market rent - Normally market rent but can be subject to adjustment if market conditions change significantly - Can be decided by PACT - No notice then no interim rent - Rent to be paid from end of fixed term tenancy until new rent starts "

Answer 24

Either party from the date of a s25 or s26 notice

Answer 25

"- Request information from either landlord or tenant - Will be able to see who is competent landlord and tenant - Either party can serve in last two years of tenancy - Name and registered address for other party - Other party must respond within one month - Not limited to service of just one notice "

Answer 26

Section 44

Answer 27

"1. County court - follow civil procedures rules 1998 - Used only for anticipated or on-going court precedures - A part 36 is similar to a calderbank to induce the other party to settle if the offer is a genuine attempt to settle. Offer only open for 21 days. Still be accepted after but party can withdraw" 2. PACT

Answer 28

"Professional Arbitration on Court Terms - RICS encoruages it as ADR - IN-court PACT used for an unopposed tenancy where one of the parties has already made an application to court to fix the terms of the new tenancy - Out-of-court-PACT when no application to court has been made and parties agree to postponement of such application pending out-of-court PACT resolution - Both parties agree which parties are agreed and which are to be decided by third party - Court needs to give a consent order binding on both parties - Arbitrator is nominated by the President of the RICS - Decision is binding Advantages: - Cheaper - Faster - Full court hearing is avoided - Decision made by a surveyor not a judge "

Answer 29

Basis of valuation for the new rent

Answer 30

Sets out the procedure for contracting outside the 1954 Act

Answer 31

Renewal of tenancy by agreement. The tenant would lose their 1954 Act Protection. he basic effect of section 28, therefore, is that where the current landlord and tenant reach an agreement for a new lease of the tenant's premises to be granted at some date in the future, the tenant's existing lease immediately loses its 1954 Act protection and terminates on the date the new lease has been agreed to begin. The rationale for this section would appear to be simple: what need is there for a tenant to have a right to renew its current lease under the 1954 Act, if it has already agreed a new lease with its landlord?

Answer 32

"- Headlease requires any subletting to be - Landlord will want to reoccupy - Landlord wishes to redevelop - Tenant is happy to accept in exchange for a lower

Answer 33

"- Tenant has no statutory right to renew or to seek compensation for leaving - Landlord must ensure the premises are vacant at lease expiry - If they accept rent then a protected tenancy may be created - No rent should be collected - If terms haven't been agreed but LL is happy to grant new lease then tenancy at will is required to ensure tenant cannot claim statutory protection between termination of old lease and the new - Strict procedure must be followed to contract a lease outside of the Act - Landlord must serve notice on prospective tenant warning that lease will not be protected 'health warning' - Proposed tenant must then make a declaration in their response - Must complete before lease is signed - 2 types of declaration: 1. Simple - 14 days or more before committing the lease 2. Statutory - Parties have less than 14 days prior to committing to lease - must be in front of an independent solicitor"

Answer 34

"1. Forfeiture 2. Surrender and negotiation 3. Merger 4. Disclaimer (due to insolvency) 5. Break clauses 6. Lease expiry and service of notices uner Landlord and tenant Act 1954"

Answer 35

"Protected tenancy A rolling tenancy with no fixed end date, ie on a month to month basis or week to week " If there are negotiations then most likely be a tenancy at will but the landlord should seek to document this.

Answer 36

Occupied at will of landlord although if longer than 6 months then there is risk of becoming a lease

Answer 37

It is payable from the earliest date a that could have been specified in any 25/26 notice (12 months versus 6 months) 24b 'Appropriate Rent' Where a Landlord's section 25 notice has been issued, the interim rent is payable from the earliest date that the existing lease could have been terminated. Where a tenant has served a section 26 notice requesting a new lease, interim rent is payable from the earliest date that could have been given for the commencement of the new lease. Is not applicable if neither a s25 or s26 notice is served and no application is made.

Answer 38

Calderbank v Calderbank 1975

Answer 39

The word delay in not to be unreasonably witheld from 1927 Act

Answer 40

A legal instrument in writing which passes affirms or confirms an interest, right, or property ownership

Answer 41

A covenant imposing a restriction on the use of the land so value and enjoyment of adjoining land will be preserved

Answer 42

"A personal possession - Pick up and move"

Answer 43

Anything attached to the property

Answer 44

"A legal arrangement where two or more people own/lease a property each with equal rights/obligations - Rights of Survivorship - Tenancy in common would pass to heir"

Answer 45

S Frances Ltd v The Cavendish Hotel

Answer 46

When the court has to assess an interim rent which is reasonable for a tenant to pay on an opposed renewal

Answer 47

A tenant via their lawyers

Answer 48

"Internal Repairing and Insuring - Landlord is responsible for costs of external and structural repairs"

Answer 49

"Not revealed to dispute resolver until decision made Flexible Provide an offer on a certain basis Parties shall bear own costs Not governed by strict court rules Costs could be at risk if wrong"

Answer 50

"Offer from civil procedure rules Issued at any time after proceedings are issued Must be made clear that it is made in relation to part 36 Must be made in writing Can be withdrawn if expressly withdrawn in writing If accepted then other side covers costs up to that point"

Answer 51

Under s24 of the Landlord and Tennat Act 1954

Answer 52

"Offer from civil procedure rules Issued at any time after proceedings are issued Must be made clear that it is made in relation to part 36 Must be made in writing Can be withdrawn if expressly withdrawn in writing If accepted then other side covers costs up to that point"

Answer 53

"Not revealed to dispute resolver until decision made Flexible Provide an offer on a certain basis Parties shall bear own costs Not governed by strict court rules Costs could be at risk if wrong"

Answer 54

Timing material to the contract

Answer 55

Process of parties taking legal action through the courts, defined by the civil procedure rules

Answer 56

Authority to appoint Property information Lease info, plus dispute clause information Information about parties and their representatives Conflicts of interest

Answer 57

Dispute resolver is appointed who is free from conflicts of interest - Representative surveyors switch to expert witness - duty is to the 3rd party or court - Submit statement of truth with their submission - State the main facts and assumptions they've use - can't omit any material they've used to make their conclusion - Joint statement of agreed facts is to be submitted (comps, lease terms) - Submit written representation - Swap - Counter representation - Third part issues award or determination

Answer 58

Unilateral notice - Used to register an interest against a property by a third party - Entered into the charges register of a property

Answer 59

The earliest date that could have been specified in the notice as the commencement date of the new tenancy

Answer 60

The conduct of all litigation in England and Wales

Answer 61

Varies - £35 - £10,000 depending on size of claim

Answer 62

- Either party can make the application to court - Proceedings can be issued immediately after serving a s25 - Proceedings can be issued two months after the start of the s26 - Tenant must issue no later than the date contained within the notice in order to protect its automatic renewal rights - Unless an extension is agreed in writing - Proceedings are issued by lodging papers at court with a fee - Either party can make an application for interim rent, for the rent payable during the statutory continuation of the tenancy - Once issued the claimant can delay serving them for up to 4 months. Defendant can compel the Claimant to serve proceedings. - Defendant has 14 days within which to serve Acknowledgement of Service setting out proposals - Timetable then agreed which will include dates for schedule of terms in dispute, exchange of expert reports and witness statements

Answer 63

Apply to the court under section 29 of the L&T 1954

Answer 64

Bettys Cafe Ltd v Phillips Furnishing Stores 1959

Answer 65

Compensation for disturbance under e,f and g of section 30

Answer 66

- if less than 3 years then don't need to be written

Answer 67

Where a tenant serves notice to assign and the landlord has the right to take the premises back

Landlord and Tenant Flashcards

(99 cards)