Landlord and Tenant

Question 1

What is a section 25 notice?

Answer 1

if the Landlord does not oppose the granting of a new tenancy then negotiations regarding a new lease will begin

does not offer the tenant a new lease on the expiry instead it initiates the termination of the tenancy, however the Landlord can only terminate the tenancy on one of seven grounds in section 30

Question 2

What is security of tenure?

Answer 2

security of tenure is the tenant’s statutory right under the Landlord and Tenant Act 1954 to be granted a new lease of their business premises once their current lease expires. This statutory right can be ‘contracted out’, in other words the tenant’s statutory right to a new lease can be excluded.

Question 3

What is a section 26 notice?

Answer 3

If the Tenant wishes to request a new tenancy, they will serve what is called a Section 26 notice no earlier than 12 months from the contractual expiry date but no later than 6 months from the expiry date.

Question 4

Can you explain Street v Mountford [1985]?

Answer 4

Street v Mountford [1985] established A lease must grant exclusive possession of the property for a fixed or periodic term at a rent. It is the nature of the rights created which are important. Superficial labels are irrelevant.

Question 5

What is a rent review?

Answer 5

A rent review is a mechanism in your lease where you and the landlord agree or fix a new rent. Usually this is based on the current market rent

Question 6

What is a lease renewal?

Answer 6

A lease renewal is when the tenant and landlord agree to another lease term, which may require creating a new lease with updated clauses and a higher rent price in most cases.

Question 7

What is a break clause?

Answer 7

A break clause usually specifies the form and length of the notice required to end the tenancy. Unless the break clause provides differently, the right to break is exercised by serving a written notice.

Question 8

What are the different types of lease terms?

Answer 8

FRI, IRI, IR Only

Question 9

What is the landlord and tenant act 1954 Part II Section 24-28?

Answer 9

Section 24-28 of the Landlord and Tenant Act 1954 provides statutory rights to tenants of business tenancies which satisfy the conditions set out in s23 of the Act

Question 10

What is a section 30 notice?

Answer 10

A landlord can oppose the tenant’s statutory right to a lease renewal on any of the 7 grounds set out in Section 30(1) of the LTA 1954. A landlord must notify the tenant of its opposition to a renewal lease by notice.

Question 11

What are the risks to holding over?

Answer 11

Holding over may create a new tenancy, or it may be considered a trespass. These outcomes can lead to uncertainty and adverse consequences to both parties which can be costly to resolve.

Question 12

Tell me about your understanding of the LTA 1927? improvements

Answer 12

If a tenant carries out improvements to the leased premises, they should not have the improvements rentalised at review or renewal if they are within 21 years of being carried out. This can occur even if the landlord did not consent to the improvements.

Question 13

Tell me about your understanding of the LTA 1954?

Answer 13

An Act to provide security of tenure for occupying tenants

Question 14

Tell me about your understanding of the Landlord & Tenant (Covenants) Act 1995? covenants

Answer 14

provision for persons bound by covenants of a tenancy to be released from such covenants on the assignment of the tenancy

Question 15

Tell me about your understanding of the LTA 1988? against alienation

Answer 15

covenants in tenancies against assigning, underletting, charging or parting with the possession of premises without consent.

Question 16

Tell me about a key lease clause you are aware of? rr

Answer 16

rent review - after a time agreed in the lease the rent will be reviewed to increase in line with current market conditions

Question 17

What is alienation?

Answer 17

Alienation’ is the right granted in a lease for a tenant to assign, sublet, or share occupation of their property.

Question 18

Tell me about your understanding of the Code for Leasing Business Premises.

Answer 18

encourages fair commercial leases
ensure a clear head of terms
ensure parties adhere to the lease;
make landlords and tenants more aware of typical property issues; and
help commercial tenants negotiate good deals

In addition to an introduction, the Code consists of three parts:

mandatory requirements for commercial landlords;
best practice for landlords;
appendices with a heads of terms template, a checklist and guide for landlords and tenants on commercial leases.

Question 19

Tell me about how you would summarise a lease and what terms you would be looking out for.

Answer 19

I would summarise a lease by creating heads of terms.
This would include details such as:
Property
Date
Term
Expiry
Landlord
Tenant
Landlords Title
Rent
Premiums
Rent Review
User
Break Clause
Repair
Insurance
Service Charge
Alienation
Security of Tenure

Question 20

What is the Regulatory Reform (Business Tenancies) (England & Wales) Order 2003? new procedures

Answer 20

new procedures for terminating or renewing business tenancies under the Landlord and Tenant Act 1954, and procedures for contracting out of sections 24 to 28 relating to security of tenure.

Question 21

What is the role of an expert witness?

Answer 21

by giving opinion which is objective and unbiased, in relation to matters within their expertise.

Question 22

How does the role of an expert witness change from when you are negotiating?

Question 23

How does an advocate differ from an expert witness?

Question 24

What is an arbitrator?

Answer 24

An arbitrator plays the role of a neutral person, who makes decisions on a dispute based on evidence presented.

Question 25

What is an expert?

Answer 25

Someone with broad competence, knowledge, and skill, acquired through research, education, experience, and practice in a particular field

Question 26

How does an arbitrator and expert’s roles differ?

Answer 26

an arbitrator is immune from liability in negligence (section 29(1) of the Arbitration Act 1996) whereas an expert may be sued for negligence.

Question 27

How would you establish the relevant third party procedure for a rent review?

Answer 27

The lease should state what level of expertise the third-party must have and who will be responsible for their fees. The third party will then determine the revised rent in accordance with the provisions of the lease and the finding will be binding on both parties.

Question 28

How much does it cost to submit an RICS DRS application?

Answer 28

There is an application fee of £425 inclusive of VAT for this type of nomination.

Question 29

What is the difference between the hypothetical lease at a rent review and lease renewal?

Answer 29

Hypothetical lease at rent review will have to consider the clauses within the lease.
Hypothetical lease at lease renewal will consider the current market conditions.

Question 30

What is PACT?

Answer 30

PACT, or professional arbitration on court terms, provides for the landlords and tenants to choose who they select to determine the terms of their new lease.

Question 31

How do in and out of Court PACT differ?

Answer 31

Out of Court PACT, the parties will identify the issues on which they disagree regarding the new lease and will agree themselves how that issue is to be resolved.
In Court PACT In the absence of an agreement by the parties upon how any issue(s) will be resolved, these issues will be determined by the Court.

Question 32

What is a Calderbank offer?

Answer 32

It is a settlement offer which is marked ‘without prejudice save as to costs’ and is brought to the attention of the court after the judgment has been given, and when the issue of costs is being considered.

Question 33

What is a break clause?

Answer 33

A break clause is a tenancy agreement clause that allows either the tenant or landlord, to end the tenancy agreement during the fixed term.

Question 34

Tell me about your understanding of notices under the LTA 1954.

Answer 34

MY understanding of notices under the LTA 1954 is that they provide landlords and tenants the right to renew the lease or oppose a renewal provided they have security of tenure

Question 35

Tell me about your understanding of interim rent.

Answer 35

Interim rent is rent payable after the expiry of the contractual term of a 1954 Act protected lease and before a formal lease renewal has been completed.

Question 36

Tell me about your understanding of the Court procedure at lease renewal.

Answer 36

Neither the landlord nor the tenant can apply to the court until one of them has sent the other a notice: Section 25 notice – Served by the landlord to the tenant, ending the current lease. Where the landlord is willing to renew the lease, the notice will set out the terms of the new lease.

Question 37

What are the Jackson Reforms? success fee

Answer 37

The Jackson change is that, with a few exceptions, the losing party will no longer be obliged to pay the success fee (ie anything above normal fees) as part of the winner’s costs.

Question 38

What is a Part 36 offer? resolve matters

Answer 38

encourage parties to attempt to resolve matters at an early stage by making formal offers to settle that meet specific criteria.

Question 39

Can you serve a Calderbank offer at a lease renewal?

Answer 39

It is possible to make an offer which is made without prejudice save as to costs (referred to as a “Calderbank” offer) which means that it is privileged and cannot be referred to, until the substantive decision has been made and the court is deciding the question of costs.

Question 40

What does Section 34 relate to in a lease renewal? determine rent

Answer 40

Section 34 gives the court the power to determine the level of rent when the parties have not been able to reach an agreement on that aspect of a renewal lease.

Question 41

What is compensation for disturbance? grounds e,f,g section 30

Answer 41

A tenant is entitled to statutory compensation from a landlord where a landlord opposes renewal on grounds (e), (f) or (g) only. Compensation is assessed at 1x the rateable value of the property or, where the tenant has been in occupation for 14 years or more, at 2x the rateable value.

Question 42

What does Section 18 mean in relation to the LTA 1927? damages

Answer 42

limits the amount of damages that a landlord is able to recover for breach of the tenant’s repairing covenants.

Question 43

Why would you contract out a lease?

Answer 43

? A landlord may have various reasons why it wants to contract-out. One reason could be that it decides to redevelop the property or land and will want the ability to do this when the lease term ends as the tenant will have to vacate.

Question 44

How would you contract out a lease?

Answer 44

• a warning notice on the tenant, explaining that the tenant’s rights are being waived.

• The tenant makes either a simple or statutory declaration to acknowledge that they understand the
consequences of contracting out. A simple declaration can only be made if the tenant has received the
warning notice at least 14 days before the grant of the lease.

• The lease includes an endorsement referring to the landlord’s notice and the tenant’s declaration and the parties’ agreement that the relevant provisions of the 1954 Act are to be excluded from the lease.

Question 45

Tell me about the LTA 1954 in relation to contracting out a lease.

Answer 45

Contracting out’ is where the landlord and tenant make an agreement prior to entering into the lease to exclude the statutory rights under the 1954 Act and the tenant therefore loses their automatic right to renew their lease at the end of the lease term.

Question 46

What are the Section 30 grounds under the LTA 1954? R, R, B, A, S, D, O

Answer 46

• Ground A - The tenant has failed to meet their repair obligations.

• Ground B - The tenant has persistently delayed in paying the rent.

• Ground C - It is found that the tenant is in substantial breach of other obligations.

• Ground D - Alternative accommodation has been offered of a similar stature.

• Ground E - Subletting of part, where higher rent can be obtained by single letting of the whole building.

• Ground F - The Landlord intends to demolish the or reconstruct the property which cannot reasonably be done without obtaining possession.

• Ground G - The Landlords intention to occupy the premises for their own business use or as a residence.

Question 47

What time limits apply in relation to lease renewal notices?

Answer 47

not more than 12 months and not less than 6 months before the date upon which the tenant wishes a new lease to begin.

Question 48

When would you recommend that a landlord/tenant serves notice in a LTA 1954 renewal?

Answer 48

The earliest that the notice can be served is 12 months before the lease is due to expire. The notice must specify a termination date that falls between 6 and 12 months after it is served and which is not earlier than the expiry date of the lease.

Question 49

What does Section 40 of the LTA 1954?

Answer 49

Section 40 of the Landlord and Tenanct Act 1954 covers the ‘duty of tenants and landlords of business premises to give information to each other’

Question 50

What tenancies are covered by the LTA 1954?

Answer 50

the 1954 Act governs the rights and obligations of landlords and tenants of premises which are occupied for business purposes.

Question 51

What is the difference between a lease and a licence?

Answer 51

A licence may be for a fixed term or ongoing. Unlike a lease, a licence does not grant the tenant ‘exclusive possession’ of the property. A licence is merely a right to occupy. Leases provide the tenant with more flexibility in terms of their enjoyment of land and any alterations which they may wish to make.

Question 52

Tell me about the terms of a new lease in relation to a contracted in lease renewal? (e.g. lease length)

Answer 52

Lease terms can not be changed to reflect market practice. But, if there are good grounds and it is fair and reasonable in the particular circumstances, the courts are willing to change the lease terms.

Question 53

How can a tenant quit a contracted in lease?

Answer 53

The tenant must serve a section 27 notice provided they have not served a section 26 notice.

Question 54

What does subject to contract/without prejudice/without prejudice save as to costs mean?

Answer 54

STC - the info provided is not bound by law until a formal contract is made
WP - statements made to settle a dispute cannot be used in court as evidence
WPSATC - A sealed offer is an offer by one party to another party in an arbitration to settle the claims advanced

Question 55

What does time of the essence mean?

Answer 55

they have expressly agreed to perform their obligations strictly by the times specified in the contract.

Question 56

When do notices need to be served at rent review?

Answer 56

The lease will usually specify what notice you must be given of any rent review. Typically, the landlord is required to give you three months’ written notice. Leases can be very specific about the deadlines by which the landlord and you must give notices and so on.

Question 57

What is the valuation date at lease renewal?

Answer 57

The expiration date following the previous lease.

Question 58

What are the different types of rent review?

Answer 58

Alternatives include fixed increases, an index-linked review or linking rent to the turnover of the tenant business. An open market review

Question 59

What is a hypothetical lease?

Answer 59

the hypothetical lease is based on exactly the same terms as the existing lease and on the property in its current state.

Question 60

What is a rent review assumption/disregard?

Answer 60

Assumptions are premises are vacant, fit for use, term based on market conditions, no premium or rent free.
Disregard tenants occupation, goodwill, improvements

Question 61

Give me an example of a typical assumption/disregard?

Answer 61

One assumption is that the property is in a reasonable state of repair.
One disregard is any tenants improvements made to the property.

Question 62

Can you challenge an arbitrator’s award and, if so, under what grounds?

Answer 62

An arbitration award may be challenged and set aside on the following grounds:

the tribunal lacked substantive jurisdiction (Act, Section 67); or
there has been a serious irregularity affecting either the tribunal, the proceedings or the award (Act, Section 68).

Question 63

Can you challenge an expert’s determination?

Answer 63

There is no right of appeal and the expert’s determination is final and binding

Question 64

What is the presumption of reality? rr

Answer 64

a rent review clause is to update the original rent to take account of changes in market conditions and the value of money during the course of the term.

Question 65

Tell me about one example of rent review case law you are aware of. SSC v MPA improvements

Answer 65

Sheerness Steel Co v Medway Ports Authority makes it clear that a tenant should not have to pay an increased rent for the improvements they have made at their own expense.
land was undeveloped when let to the tenant,
the tenant covenanted to build on it
then at the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition as originally let. The landlord didn’t win.

Question 66

Tell me about one example of break option case law you are aware of. RP v NHS

Answer 66

In Riverside Park v NHS

The tenant served a valid notice on the landlord, however did not remove internal demountable partitioning.

The tenant argued that the partitioning amounted to ‘fixtures’, which had become part of the premises and did not have to be removed in order for vacant possession to be delivered;

whereas the landlord argued that the partitions were mere ‘chattels’, which the tenant was obliged to remove.

The High Court agreed with the landlord and concluded that the tenant had not given vacant possession and had not therefore complied with the break condition.
The tenant was found not to have validly exercised the break and it remained tied to the lease for the whole of the remainder of the term.

Question 67

Tell me about one example of lease renewal case law you are aware of. PvT pandemic

Answer 67

Poundland Ltd v Toplain Ltd,

tenant sought a pandemic clause in its renewal lease, but the landlord refused.

Poundland (the tenant) ran the argument that pandemic clauses were becoming the new normal in commercial lease negotiations, and should be included in its new lease.

Nevertheless, the Court sided with the landlord. Its reasoning was that the old lease did not include such a clause, and there is a strong (but not overwhelming) presumption that on a lease renewal the new terms should largely reflect the old lease terms.

Question 68

What is a turnover rent?

Answer 68

Turnover rent typically means a tenant pays a discounted market rent as a base rent plus a ‘turnover rent’ on top which is an agreed percentage of the tenant’s gross turnover above the base rent/an agreed threshold.

Question 69

What is a geared rent?

Answer 69

Rent that is linked to the rent obtained or obtainable by the tenant from its undertenants.

Question 70

Tell me about your understanding of fitted assumptions?

Question 71

Tell me about your understanding of a fitting out rent free period?

Answer 71

Landlord grants a rent free period to the client to carry out a fit out on the property.

Question 72

What RICS guidance relates to the use of comparables?

Answer 72

Comparable evidence in real estate valuation
1st edition, October 2019
Effective from 9 October 2019

Question 73

What does the RICS say about conditional fee agreements when proceeding to third party as an expert witness?

Question 74

What does disclosure mean in relation to a lease renewal?

Answer 74

A disclosure statement is a document that a landlord must give the tenant when entering into or renewing a lease. It outlines essential lease information so the tenant can understand, at a glance, the key elements of the lease.

Question 75

How would you deal with post-dated rent review evidence?

Answer 75

The principle is that transactions after a review/valuation date are generally admissible in evidence. However, the weight to be given to such evidence is a matter of assessment. The longer the period between the valuation date and the post-review date comparable, the less weight the evidence may carry.

Question 76

How do you treat tenant’s improvements at rent review?

Answer 76

should not have the improvements rentalised at review or renewal if they are within 21 years of being carried out.

Question 77

How would this differ at lease renewal?

Question 78

Talk me through your understanding of the RICS guidance on dilapidations.

Question 79

What is the dilapidations protocol? guide

Answer 79

a step-by-step guide for calculating dilapidations liability

which the Court will expect tenants and landlords to follow when they’re negotiating settlements before litigation begins.

Question 80

What timings apply to a dilapidations claim?

Answer 80

The landlord should serve a dilapidations claim within 56 days of the end of the lease.

Question 81

What is PDPAC? pre action conduct enables

Answer 81

enable the parties to explore potential settlement of a claim before proceedings are issued, and if proceedings are issued,

to assist the courts in the efficient management of the claim.

The principles of Pre-action Conduct are:

The parties should exchange sufficient information to allow them to understand each other’s position and make informed decisions about settlement and how to proceed
Attempt to resolve the matter and consider the use of by Alternative Dispute Resolution (ADR)
Act in a reasonable and proportionate manner (particularly in relation to costs)

Question 82

What is quantified demand? final claim

Answer 82

A Quantified Demand is the final claim a Landlord would make after the end of the Lease and this is usually based upon a Terminal Schedule of Dilapidations.

Question 83

What is a Scott Schedule? allegations

Answer 83

A Scott Schedule is a concise document that lays out the allegations made by one or more of the parties and the response of the opposition.

Question 84

What is a diminution valuation? damages

Answer 84

provides a statutory cap for damages, by calculating the difference by which the value of the landlord’s interest has been reduced on account of the breaches of lease covenant.

Question 85

What legislation relates to diminution valuations?

Answer 85

Section 18 (1) of the Landlord and Tenant Act, 1927, limits the landlord’s claim for damages for breach of a repairing covenant.

Question 86

What would you find in a schedule of dilapidations?

Answer 86

sets out the items of disrepair at a property caused by the tenant’s failure to perform its repairing obligations in the lease.

Question 87

What type of landlord’s schedules exist? SoC

Answer 87

A Schedule of Condition is a form of photographic and written evidence that documents the state of the property at the time the lease is granted to a tenant.

Question 88

What documentation do you need to consider in relation to a dilapidations claim?

Question 89

What remedies exist for dilapidations during the lease term?

Answer 89

1. Self-help
2. Forfeiture
3. Specific performance
4. Damages

Question 90

Why and when would you recommend one/each of these?

Answer 90

1. Self-help
   Many commercial leases entitle the landlord to enter the property during the term of the lease, carry out any repairs, and then recover the cost of doing so from the tenant. If the lease does not contain such a term, if the landlord enters the property, it may constitute a trespass.

The benefit for the landlord of carrying out the works themselves is that they can control the quality of the work. He will then have a debt claim against the tenant.

2. Forfeiture
   Almost all commercial leases include a forfeiture clause. This entitles the landlord to forfeit the lease for a breach of covenant, including a covenant to repair.

To forfeit a lease, a landlord must serve the tenant with a s146 notice, which sets out the breach complained of; requires that the tenant remedies the breach; and requires the tenant to pay compensation for the breach.

3. Specific performance
   In some cases, it may be appropriate to ask the court for an order to compel the tenant to carry out the repairs. However, there will usually be a more suitable method of sorting the dispute.
4. Damages
   A landlord is entitled to claim damages if the tenant fails to comply with its repairing obligations. In fact, a claim for damages is the only remedy if the lease has come to an end.

a. Claim for damages brought during the term of the lease
In this case, the starting point is the reduction in value of the property, not the cost of the repairs. The reason for this is that while the tenant is in the property, the landlord can’t spend the damages on repairs in any case.

b. Claim for damages brought after expiry of the term
Once the tenant has vacated the property, the measure of damages is the reasonable cost of carrying out the works, plus the loss of rent until the works have been completed (where required). There are limits to the amount of damages that a landlord can claim.

Question 91

What is supersession?

Answer 91

landlord should not claim for the remedy of a tenant’s breach, because the landlord is proposing to do something else to the building which would supersede the need for the tenant to remedy their breach.

Question 92

How should you respond to a dilapidations claim?

Answer 92

The tenant should engage their own chartered building surveyor to carry out their own survey of the property and prepare a robust ‘Response’ to dilapidations claims.

Question 93

How can you settle a dilapidations dispute?

Answer 93

settlement agreement, rather than court proceedings, whereby a sum will be paid by the tenant to the landlord in full and final release of its dilapidations liability.

Question 94

When would you consider ADR or litigation?

Answer 94

use an ADR scheme to narrow down the problem before you go to court.

litigation - If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment

Question 95

What is an offer to settle?

Answer 95

an offer of money or property by one of the people or organizations involved in a legal argument in an attempt to end the argument without having to go to court:

Question 96

Can you use a Part 36 offer in a dilapidations claim?

Answer 96

Part 36 offers can be made at any time up to the time of judgment, and even before court proceedings are issued.

Question 97

What is included on a settlement agreement?

Answer 97

A settlement agreement is a legally binding arrangement made by a tenant and a landlord, through which they acknowledge the conclusion of the rental agreement executed between them. It also states whether their erstwhile rental agreement’s terms have been complied with.

Question 98

Why are turnover rents becoming increasingly popular? How might this affect future rent reviews and lease renewals?

Answer 98

The tenant pays a lower base rent, easing pressure on cash flow during difficult trading periods or while working to establish a new business. Any turnover rent payable over and above the base rent is directly linked to the store’s performance.

Question 99

Explain the precedent set in WH Smith Retail Holdings v Commerz RI mbH (2021) relating to pandemic rent suspension clauses.

Answer 99

the judge’s view that pandemic rent suspension clauses have, in effect, now become ‘market norm’ and that rent should not be increased as a result of them. In fact, the reverse is likely to be true – rent will be depressed if a lease does not contain such a clause

Question 100

What was the outcome of the W (No. 3) GP (Nominee A) Ltd & W (No. 3) GP (Nominee B) Ltd v JD Sports Fashion Plc case in relation to turnover rents at a contracted in lease renewal?

Answer 100

The County Court refuses the landlord’s request to include a turnover rent in a statutory lease renewal.

Question 101

How would you advise on the SDLT liability between a surrender and regrant and a reversionary lease?

Question 102

What recent county court cases have there been on Covid lease renewals?

Answer 102

Poundland Ltd v Toplain Ltd, 7 April 2021

Question 103

What is the ‘Chartbrook’ principle on index linked rent reviews? mistakes corrected

Answer 103

the Chartbrook principle, by which clear mistakes in the drafting of a document can be corrected as a matter of construction

Question 104

Following the Chartbrook case, what was the outcome of the Monsolar IQ Ltd v Woden Park Ltd case?

Answer 104

that an indexation clause in the rent review provisions of a lease which, when read literally, repeatedly applied the inflation in subsequent years which had already been applied in earlier years, should be corrected by interpretation.

Question 105

Tell me about an instance of when you have reflected market conditions on rental value.

Question 106

How do you collate, analyse and adjust comparable evidence?

Answer 106

Collate evidence in a schedule and Adopt a common measurement or comparison standard.

Adjust quantitatively and qualitatively using the hierarchy of evidence and other key considerations

Analyse to form opinion of value.

Question 107

What is the hierarchy of evidence?

Answer 107

Sale or leasing transactions that have taken place for similar real estate to that being valued will provide the best evidence, while databases and indices will offer more general guidance.

Question 108

Tell me about a landlord & tenant negotiation you have been involved with. NSR communications

Answer 108

The landlords agent provided a rent review figure to my client. Having analysed the comparable evidence the rent review was excessive and I countered with a proposal, without prejudice subject to contract. The agent and I went back and forth on other areas of dispute such as the area of which the rent was calculated. In the end we settled at an agreed rent and area which was considered a fair market value and avoided court proceedings.

Question 109

Tell me about a contracted out lease renewal you have dealt with.

Question 110

How would you advise a tenant differently between a contracted in and contracted out renewal?

Question 111

What did you include in your s.26 notice at Retford and why?

Answer 111

In the section 26 notice I included my clients request for a new tenancy on the same terms beginning following the expiration of the current lease.

Question 112

What happened when the landlord received It?

Answer 112

The landlord was happy to accept my clients request for a new tenancy and set out for the leases to be prepared in preparation for the new tenure.

Question 113

Did you conclude the matter within a single stat period?

Question 114

What were your clients options If the landlord hadn’t responded and how did you advise on these?

Question 115

Were you acting for the landlord In Doncaster?

Answer 115

Yes i was acting for the landlord.

Question 116

Did you not consider proposing a small Increase? If not, why not?

Answer 116

I did consider implementing a small increase, however the landlord was happy with the tenant and did not want to risk upsetting the tenant.

Question 117

Tell me about a challenging landlord & tenant case you have dealt with.

Question 118

Tell me about when and why you have served a Calderbank offer or other offer to settle.

Answer 118

I have not used a calderbank offer, however I understand that one may be used in the attempt to settle before court, without prejudice save as to costs

Question 119

Tell me about an example of when you have assisted with the third party process.

Answer 119

I have not assissted with the third party process, however i would seek professional advice and guidance if i do assist with third party process.

Question 120

Why do you need client’s instructions before submitting a third party application?

Question 121

What are the advantages and disadvantages you have pointed out to clients in relation to third party procedures?

Answer 121

One of the main benefits of using a third-party mediator is that they can provide an impartial perspective on the conflict. They are not biased by personal interests, emotions, or relationships with the parties. They can help the parties see the issues more clearly, and avoid escalating the conflict.

The potential for one party to have an unfair advantage over the other. If using arbitration, the possibility of an unfair or unfavorable decision.

Question 122

How could MEES impact upon your advice on a landlord & tenant case?

Answer 122

With MEES policy from 01 april 2023 making it unlawful to let a commercial property with an f or g, the impact could be

Question 123

Given the difference between the plan and lease at NSR, why did you not inspect and measure?

Answer 123

I found the disputed areas was de minimus, and believed the cost to inspect and measure would not be beneficial. I also felt as a negotiation tactic, to concede on the area for 0.03 acres, the agent would be willing to settle at a lower price.

Question 124

What form of comprables did you seek for the NSR review?

Answer 124

I sought ground rent comparable in the same locality as the subject property. I obtained a variety of comparable up to 1 acre to show the little level of quantum.

Question 125

At Crags what did you Include In your s25 notice and why?

Answer 125

At crags the section 25 notice stated that the landlord would like to terminate the existing lease at expiry but provided a statement saying the landlord does not oppose the granting of a new lease on the same lease terms but for the rent to increase in line with market rent.

Question 126

How did you determine the correct way to serve the notice?

Question 127

Why did you deal with the signing instead of allowing the solicitors to deal with It?

Answer 127

I believe it was my companys standard practice to send over the agreed heads of terms to the solicitor to prepare the lease. And once the lease was drawn, it was my responsibility to see the agreement concluded with the signing of the lease.