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APC - Rural (Scotland) > Landlord and Tenant > Flashcards

Landlord and Tenant Flashcards

(61 cards)

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1
Q

What do you need to serve notice on an assured tenancy?

A

Provide the tenant with a notice to quit letter

Serve an AT6

Inform the council through a section 11

Enough reason for example more than 3 months in arrears

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2
Q

What makes a notice to quit valid?

A

Is in writing
Provides enough notice
Describes the subjects
Specifies the reason
Specifies the date for effect
Is clear and explicit to the tenant

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3
Q

What is a schedule of condition?

A

A record of the condition of the property and all fixed equipment before the commencement of a tenancy. This must be agreed between landlord and tenants

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4
Q

What terms may be in a commercial lease?

A

Type of property
Address
Parties involved
Type of business
Length of agreement
Repair terms
Lease renewal provisions

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5
Q

Types of commercial leases

A

Percentage lease
Gross rent lease
FRI - full repairing and insuring

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6
Q

What is a tenants amnesty

A

Opportunity for tenants to agree improvements with landlords in a formal agreement under the under the Land reform (Scotland) 2015 Act. This means they will be eligible for payment at waygo.

L&T must meet, list improvement, agree to improvements and formalise an amnesty document.

Applies to 1991 Act, SLDT, LDT

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7
Q

What is an assured tenancy?

A

Tenancy between 1989 and December 2017

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8
Q

What key sections are in a lease

A

Extent of property
Details or Landlord and Tenant
Rental rate
Lease duration
Any break clause
Any special stipulations

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9
Q

What is the repairing standard

A

A house must be wind and water tight
Structurally sound
Supplied with water, gas, electricity, sanitation, heating
Fixtures and fittings must be provided and working properly

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10
Q

What is the tolerable standard

A

Must not be damp
Must have ventilation
Electrics must be safe
Must have a fresh water supply
An indoor toilet
Good drainage
Fire and carbon monoxide alarms

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11
Q

What are the rules for rent increases in residential properties?

A

Must be given with 3 months written notice for residential
Rent can only be increased once a year
Must be fair and reflect landlord improvements and market rent

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12
Q

How does a tenant end a tenancy in a PRT?

A

For a PRT - minimum 28 days written notice

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13
Q

Grounds for eviction in a PRT?

A

Tenant not using it as full time home
Tenant has breached terms
Tenant is over 3 months arrears
Tenant has a relevant criminal conviction
Landlord wants to use the house as their own
Landlord wants a direct family member to move in

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14
Q

What is a PRT

A

Private residential tenancy. Brought in under the Private Rented Housing (tenancies ) (Scotland) Act 2016.

Came in to force in 2017

Is the most common
tenancy agreement in Scotland

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15
Q

What is the First Tier Tribunal (Scotland)

A

A tenant can go to the first tier tribunal if they are not given:
Written copy of tenancy terms
The landlord is not registered

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16
Q

What type of agricultural tenancies are there?

A

1991 Act, Short Limited Duration Tenancy (SLDT), Limited Duration Tenancy(LDT), Modern Limited Duration Tenancy (MLDT)

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17
Q

How long is a grazing agreement?

A

364 days

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18
Q

How long is a 1991 act

A

Minimum 25 years

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19
Q

How long is an MLDT

A

Minimum 10 years

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20
Q

How long is an SLDT

A

Maximum 5 years

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21
Q

How long is an LDT

A

5-10 years

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22
Q

What is a contract farming agreement?

A

A joint venture between two parties.

Farmer engages the contractor for machinery and staff. The farmer provides the land, buildings, fixed equipment and seed etc.

Terms include; length of agreement, operation of the contract and formula for remuneration to each party.

The farmer gets an initial fee and the contractor gets a basic fee usually of £/ha.

Benefits to the farmer - they avoid a tenancy, retain tax relief and benefit from economies of scale

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23
Q

What legislation sets the repairing standards?

A

The Housing (Scotland) Act 2006

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24
Q

What is the process for a 1991 Agricultural holdings Act rent review?

A

The party initiating the review
serves a rent review notice
2. The receiving party should
respond ASAP, either approving
the figure or objecting
3. The parties should meet on
farm no less than 6 months before
the review date

  1. The party initiating the review
    should write to the other party
    evidencing their proposal
  2. The receiving party should
    confirm agreement or submit a
    counter-proposal
  3. Alternative dispute resolution
    should be introduced if parties
    cannot reach agreement
  4. If the dispute remains
    unresolved, the proposing party
    should apply to the land court to
    have the rent formally determined
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25
What key elements were introduced by the Land Reform (Scotland) Act 2016?
MLDT'S - Tenant's amnesty - Changes to rent review process Restrictions on Landlords objections to assignation - Notice of Landlord's improvements
26
Which act introduced Private Residential Tenancies?
Private Housing (Tenancies) (Scotland) Act 2016
27
What is the name of the tribunal for Scottish property matters?
First-tier Tribunal for Scotland (Housing & Property Chamber)
28
What special notice is served to a tenant to enter a Short Assured Tenancy?
AT5
29
Types of residential occupations?
Assured Short assures PRT Service occupancy
30
What is a regulated tenancy?
Old English tenancy similar to AST
31
What is contained within the housing Scotland act 2006
Repairing standards
32
What regulations govern landlord registration
Private landlord registration (scotland) regulations
33
What legislation is applicable to the tenancy deposit scheme
Tenancy deposit scheme (Scotland) regulations 2011
34
Describe the letting process
Viewing Back ground check Offer Deposit Sign lease document Keys to property
35
What is a property misdescription
1991 law against letting under false pretence
36
What is a fit out rent
The sum of £ per annum
37
What is a reverse premium
Induce the tenant to enter the lease or existing tenant to vary lease
38
What is the sale of a togc
Transfer of going concern Selling a business and it’s assets
39
What are purchasers costs made up of?
Legal fees Stamp duty land transaction costs Mortgage fees Property value
40
What is SDLT on a lease
Stamp duty land tax. Based on premium paid, rent amount and length of a lease
41
What is a tenants covenant
Tenants responsibility, terms etc
42
What is an alienation clause
Mortgage is to be paid off in full before title transfer
43
What Act introduced the Short Limited Duration Tenancy (SLDT)?
Agricultural Holdings (Scotland) Act 2003
44
What types of compensation might be payable to the tenant at termination of a 1991 Act tenancy?
1. Tenant's improvements 2. Disturbance 3. Reorganisation of affairs 4. Vacant possession
45
How long was the tenant's amnesty period intended to be and when did it eventually end?
Three years. It started in June 2017 was due to end in June 2020. Due to COVID-19 it was extended to December 2020.
46
What are the three main categories of tenant's improvements?
Part I - Improvements For Which Consent Required - ie new shed Part Il - Improvements of Which Notice Required - ie new fences Part Ill - Improvements for which no notice or consent required - ie clearing ditches
47
Name the Scottish tenancy term dates:
Candlemas: 28 February Whitsunday: 28 May Lammas: 28 August Martinmas: 28 November
48
How long must there be between agricultural rent reviews?
3 years
49
What should a rent review notice for an agricultural tenancy include?
the names of both parties - the address of the holding - the current rent payable - the rent the person serving notice proposes - the date at which the parties must reach agreement ('rent payable date') - accompanying information explaining the basis of calculation for the rent proposed
50
When must a rent review notice be served?
Not less than one year and no more than two years prior to the 'rent agreement date'
51
What factors should be regarded in an agricultural rent review?
Open market rent i.e. other holdings rental values - The current economic conditions in the relevant sector - Any increase in rental value resulting from use for non- agricultural purpose - Improvements carried out by the landlord
52
How would you prepare a schedule of dilapidations?
Where a tenant hasn’t fulfilled their obligations and a property has deteriorated. A list would be prepared and tenant may be liable for cost of replacement
53
How would you value ten tonnes of grain at the year end?
By sale price x10
54
What happens if an AT5 is not served prior to a Short Assured Tenancy?
It becomes an assured tenancy
55
On what grounds can a landlord evict an assured tenant?
Landlord wants the property to be their own home - Mortgage default - Off-season holiday let - Vacation Student let - Minister or lay missionary property - Re-development - Tenancy inherited under non- eligible grounds - Three months rent arrears - Breach of tenancy condition - Anti-social behaviour - No longer an employee
56
In what circumstances could you have a regulated tenancy?
- If it began before 1989 You have an agreement with a landlord on the term and rent to be paid
57
How can a landlord recover possession on a short assured tenancy?
Serve a two month notice under section 33 of the Housing (Scotland) Act 1988
58
What has changed in relation to private tenancies during the recent pandemic
The Coronavirus (Scotland) Act 2020 introduced additional protection for private tenants, including: - Mandatory grounds for eviction became discretionary - notice periods were extended to six months - acceptable period of rent arrears extended to six months
59
What is the purpose of serving a formal agricultural rent review notice?
It reserves the position of the party to make an application to the Land Court if agreement cannot be reached. 1 year back stop.
60
What are the 7 steps of an agricultural rent review?
1. The party initiating the review serves a rent review notice 2. The receiving party should respond ASAP, either approving the figure or objecting 3. The parties should meet on farm no less than 6 months before the review date 4. The party initiating the review should write to the other party evidencing their proposal 5. The receiving party should confirm agreement or submit a counter-proposal 6. Alternative dispute resolution should be introduced if parties cannot reach agreement 7. If the dispute remains unresolved, the proposing party should apply to the land court to have the rent formally determined
61
When must a rent review notice be served?
Not less than one year and no more than two years prior to the 'rent agreement date'

APC - Rural (Scotland) (16 decks)

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