Landlord and Tenant Flashcards
What is the difference between a lease renewal and a rent review?
Lease renewal is a statutory procedure. Laid out in the LTA 1954.
Rent review is a contractual procedure. Laid out in the lease.
Which tenancies does the LTA 1954 not apply?
Agricultural
Mining
Residential
Tenancies granted as condition of employment
Less than 6 months
Business tenants who are not in occupation
What did the LTA 1730 state?
Landlord can double the rent in tenant should vacate but doesn’t
What are the 4 tests in the O’May V City of London 1982
Has the party demanding change shown good reason?
Will party resisting change be compensated?
Will adjustments materially impair conduct of tenants business?
Is variation fair and reasonable between parties?
What are some assumptions you can make for a rent review?
Premises fit for immediate use and occupation.
No work has been carried out by the tenant that has reduced rental value.
If premises had been destroyed/ damaged, they have now been reinstated.
Tenant has complied with existing lease covenants.
What are some disregards?
Tenants previous occupation
Any goodwill
Certain improvements (under old lease or within the last 21 years)
Any licence to tenant to sell intoxicating liquor
What are the five requirements for a lease?
Defined demise
Exclusive possession
Payment of rent even if peppercorn
Duration of term stated
In writing if 3+ years
What is a licence?
Gives the tenant permission to do something on landlords land that would otherwise constitute a trespass
What case study is related to a licence?
Street V Mountford (1985)
Furnished room in house but with no services so the court ruled it to be a lease
When should a schedule of dilapidations be served?
Within 8 weeks of lease expiry
What happens if schedule of dilapidations are served at or after the lease expiry?
Schedule of dilapidations should be served with a claim for damages rather than a s146 notice
