Landlord & Tenant Flashcards
(25 cards)
What is a CFA
A “partnership” between a landowner /farmer and a contracter. Farmer directs contarcter to carry out practical operations and management of crop.
Where are the roles and operations outlined in a CFA?
The contract
What does the farmer contribute? what does the contracter contribute?
F: Buildings, land and fixed equipment. C: Expertiese, labour and machinery.
What is the overall standing of a CFA?
F takes all the financial risk and resposibility for regulations. C provides the services.
FBT 1995 key date?
1 September 1995
What is an FBT?
Can be oral or written. No security of tenure is given. In order to be an FBT must comply with two conditions (agricultural and business) or notice conditions.
What is an FBT agriucultural condition?
Must be satisfied at date of challenenged and requires that the character of the FBT to be wholly or partially agriculture.
What is an FBT business condition?
Since the start of the tenancy, all or part of the land must be farmed for the purpose of a trade or business.
What are the two notice conditions?
To be fulfilled on or before the day upon parties eneter into any instrument creating a tenancy.
1) identifies land to be entered into tenancy (by name or map)
2) contains a statement to the neffect that the person giving the notice intends that the tenancy is to be and to remain a FBT throughout the term.
Do the FBT notices need to be in a prescribed form?
No
What is the statutory fallback provision for FBT for rent reviews?
3 years
How is rents determined? FBT
Arbitrator must determine the open market at which the holding is expected to produce by a willing and prudent T and LL taking account all relevant factors.
What does an Arbitrator disregard when determining rent? FBT
1) T improvement
2) T diladidations
3) T in occupation
What does the Arbitrator have reard to when determing rent? FBT
1) terms of tenancy including
2) comparables
3) holding characteristics
What should LL or T consider when drafting tenancy in terms of RR?
1) frequency
2) rent amounts - remain the same? increase to specified amounts at specified intervals (phased) ?
What notice should a LL or T serve for a RR under FBT?
S10
If an AHA is oral and a party wants it in writting, what can they do?
Service s.6 notice.
Relevant legislation, process, timescales and bases of rent review for AHA?
S12 notice/ trigger notice. Served 12 months prior to the next termination date. Rent payable is determined by what a willing and prudent LL & T would pay to let the property having regard to the terms, market conditions and the characteristics of holding.
What should be in a AHA RR S12 notice?
1) clearly identify parties and holding
2) demand that the rent properly payable be referred to arbitration at next termination date.
Process to follow if AHA RR cannot be agreed?
Arbitration then the decision will be final and legally binding. - dispute resolution
What are the methods if a dispute arises
Mediation
Arbitration
Expert determination
The courts
Tribunal
What is the time limit for LL to reply AHA succession application?
28 days
What are the two types of improvements for ATA?
Physical improvements
Intangible improvements
What does S11 of LTA 54 act determine?
LL are responsible for all external repairs e.g. roof, chimney, guttering, walls ect
