Landlord & Tenant Act Flashcards

Question

S.24

Answer 1

Comes to an end via provisions of At. Tenancy will continue until either party serves notice

Answer 2

Interim Rent

Answer 3

LL ends tenancy -6-12 months before expiry -Friendly or Hostile

Answer 4

T ends tenancy and request new -6/12 months before expiry If LL wants to oppose, then has to serve a counter notice in 2 months specifying grounds

Answer 5

T ends Tenancy 3 months notice

Answer 6

renewal of tenancies by agreement (in writing)

Answer 7

Order by court for new tenancy court orders regarding the grant of new tenancies or termination of current tenancies. Specifically, it outlines situations where the court can be asked to grant a new tenancy and terminate the existing one, or to terminate the existing tenancy without granting a new one.

Answer 8

Ground for opposition A - Breech of repair B - Persistent delay in paying rent C - Other substantial breach generally concerning their use or management of the property, or another breach of their lease. It will, however, exclude minor breaches, e.g. a minor breach of use which has been rectified. The court will also consider the action taken by the landlord in relation to the breach or breaches in question. D - Suitable alternative premises (non fault, no compensation) E - Uneconomic subdivision (Sub-let - LL can let whole for more than one part) // Non fault F - Demolition // Non fault G - Owner to occupy. LL must have owned the property for 5years - // Non fault

Answer 9

Compensation under section 37 of the 1954 Act, if the landlord obtains possession on section 30 grounds E, F or G then they must pay compensation for disturbance to the tenant. This is equivalent to the rateable value if the tenant has been in occupation for less than 14 years, or twice the rateable value if the tenant has been in occupation 14 years or more.

Answer 10

<14 years occupation = 1 x RV > 14 years occupation = 2 x RV Grounds E,F & G

Answer 11

“Health Warning” Tenancy to be outside the Act under section 38, the parties can contract out of the 1954 Act. This means that the tenant will not have security of tenure or the right to a new lease at expiry. Some landlords may wish to do this to ensure they can secure vacant possession of a property in the future, without recourse to the act. Sometimes an ex-act lease can be negotiated at a lower rent, which would be of benefit to a tenant only wishing to occupy a property for a short length of time. The parties can contract out in one of two ways. The standard procedure is to have a simple declaration signed by the tenant with a 14-day cooling-off period, while the accelerated procedure entails them signing a statutory declaration – sworn in front of a solicitor or commissioner for oaths – within 14 days of the lease commencing. The lease should include specific wording confirming the agreement to exclude security of tenure.

Answer 12

Turnover Rent - The core principle is that the rent is tied to the tenant's business revenue. During rent reviews % uplift RPI Fixed Open market

Answer 13

From diverse case Calderbank VS Calderbank 1975 Can achieve earthly resolution of a dispute and prevent court escalating The leasing party will have to pay the other sides recoverable carts “Without prejudice sa as to costs” A Calderbank letter, also known as a "without prejudice save as to costs" settlement offer, is a letter that contains a settlement offer in a legal dispute. It's named after the case of Calderbank v Calderbank. The key feature is that the offer is protected from being revealed to the court during the main proceedings, but it can be used to inform the court's decision on costs at the end of the case.

Answer 14

From Civil Procedures Rules (CPR) Can be issued at any times after proceedings issued Can be withdrawn in writing They are more tempting for other side as you will pay their costs Open for 21 days Lease renewal Part 36 offers are formal settlement offers made during civil court proceedings in England and Wales. They aim to encourage parties to settle disputes early and can have significant costs consequences if rejected. If a party refuses a reasonable Part 36 offer and doesn't do better at trial than the offer, they may have to pay the other side's costs and potentially interest as well.

Answer 15

Provisions as to covenants not to assign without licence or consent E.g if there is an assignment clause then it has to be reasonably withheld Qualified Covenants: Section 19 applies to leases containing covenants (agreements) that restrict the tenant from assigning (transferring), underletting (subletting), charging (mortgaging), or parting with possession of the premises without the landlord's consent. Implied Duty: These covenants are subject to a proviso that the landlord cannot unreasonably withhold their consent to the actions outlined above. Improvements: Section 19 also addresses covenants against making improvements to the premises without the landlord's consent, and similarly, the landlord is obligated not to unreasonably withhold consent. Reasonableness: The key concept here is "reasonableness." The landlord must consider the request in good faith and not use unreasonable grounds to refuse consent.

Answer 16

Sets out that a LL cannot unreasonably withhold consent for alterations LL can still ask for - Payement if property value decreases, is damaged or neighbourhoud LL property decrease in value - Legal fees - Full reinstatement unless value increased

Answer 17

- Improvements which carry the entitlement to compensation are those which added to the letting value of the holding =/= T’s own F&F - Claim for compensation only if no objection was raised or if LL raised objection but ruled out by court - Max comp is the net addition to the value of the holding as a whole / Direct result of the improvement / reasonable costs of carrying out the improvement at termination of the tenancy - Cannot contract out of the compensation provision - Rarely arises because most leases have obligation for T to yield up in same condition as start

Answer 18

Adding to 1927 Act

Answer 19

Abolishes the Privity of Contract from Jan 1996

Answer 20

Looked at motivation behind LL wanting to redevelop under s.30 (F). Redevelopment launched to evict the tenant. SC finds that a LL has to prove a firm and settled intention to carry out the work

Answer 21

Looked at Brexit and whether this would frustrate the lease. High COurt ruled they had to pay rent and pay the covenants

Answer 22

ADR is used to avoid litigation - Cheaper and quicker - More Flexible - Confidential - Specialist can be involved rather than judge

Answer 23

Taking legal action through court, defined by the Civil Procedure Rules (CPR) as a public process -> It is not possible to preserve confidentiality

Answer 24

- Surveyors representing parties become expert witnesses with duty to court - They must submit a treatment of truth - They must submit the main facts upon which they rely - Submit a joint statement as agreed facts - Parties submit their representations which are scrutinised by other parties - Arbitrator or indépendant issue final determination

Answer 25

- Surveyors representing parties become expert witnesses with duty to court - They must submit a treatment of truth - They must submit the main facts upon which they rely - Submit a joint statement as agreed facts - Parties submit their representations which are scrutinised by other parties - Arbitrator or indépendant issue final determination

Answer 26

Has a duty of investigation No right of appeal. In very limited circumstances the court may set it aside if the decision is based on misrepresentation Can be liable for damages by negligence

Answer 27

Has a duty of investigation No right of appeal. In very limited circumstances the court may set it aside if the decision is based on misrepresentation Can be liable for damages by negligence No power of disclosure No relevant legislation so acts within as informal procedural timetable Outcome is called a determination Power over their own costs RICS Guidance Note - Independent Expert Determination 2016

Answer 28

Act on evidence submitted Limited right of appeal: point of law, serious irregularity, or omission Not liable for negligence (cannot be sued) Outcome is called an award Power over the costs RICS Guidance Note - Surveyor Acting as Arbitrators in commercial property rent review 2013

Answer 29

Act on evidence submitted Limited right of appeal: point of law, serious irregularity, or omission Not liable for negligence (cannot be sued) Outcome is called an award Power over the costs RICS Guidance Note - Surveyor Acting as Arbitrators in commercial property rent review 2013

Answer 30

Falling market: arbitrator is preferable Rising market: Expert is preferable Vice versa in a Tenant position

Answer 31

- Surveyor acting as arbitrators in commercial property rent review 2013 - Independent Expert Determination 1st Edition 2016

Answer 32

- Surveyor acting as arbitrators in commercial property rent review 2013 - Independent Expert Determination 1st Edition 2016

Answer 33

Allow a LL either to apply to the court to retake possession of the property following a breach of lease by T

Answer 34

Absolute is a prohibition against doing something Qualified is okay with LL’s consent

Answer 35

LL serves a S146 notice in case of breach from T in the covenant of the lease

Answer 36

A lease which contain a property

Answer 37

Process by which a person who is not the legal occupier of the land can become the legal owner through possession of land for a specified time Before 2003: 12 years After 2003: 10 years

Answer 38

A temporary right and receives an annual payment. Cannot be. Automatically transferred

Answer 39

Permanent right and receives capital payment. Can be registered on LR Prescriptive right can be gained if 20 years of continuous and uninterrupted use is proven NOT a permissive right (where LL grant rights to public to the land)

Answer 40

Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 >14 day notice = simple declaration <14 days notice = statutory declaration

Answer 41

1 Conflict and ToE 2 Establish Client objectives 3 Review lease 4 Check time limits for review/notice requirements 5 Inspect and measure 6 Comparables 7 Value to specified basis 8 Report to client and agree strategy 9 Negotiate 10 Settle/refer to 3rd party 11 Document and instruct socilitors 12 Invoice 13 Note next lease event

Answer 42

Hypothetical letting Open Market Willing parties Fit for immediate occupation and use VP Assumed terms User RR Date Rental Basis Subject to other lease terms

Answer 43

T’s occupation Rent free for fit out Goodwill T’s improvement where consent obtained (Ponsfied VS H:S aerosoft)

Answer 44

O’May VS City of London Real Property co Ltd (1983) On the expiry of a five-year lease, the landlord proposed a new five year term. However, the proposed new lease transferred various obligations (as to repair and other services of the premises) to the tenant in return for a small reduction in rent. These proposals created a 'clear lease', resulting in the landlord's interest in the premises becoming more valuable. Dismissing the landlord's proposals, the Court of Appeal held that: any departure from the terms of the current lease must be fair and reasonable in all the circumstances; and the burden of persuading the court to change the terms of the current lease on its renewal is on the party proposing the change. The tenants contended that the terms of the existing tenancy, which provided that they should pay a proportion of the heating and lighting expenses of the common parts, should be retained while the landlords proposed a 5-year 'clear lease' whereby the fluctuating costs of the landlords' obligations for maintenance, repair, redecoration and service of the common parts and the structure and exterior of the building would be borne by the tenants. Even though the landlords offered a corresponding reduction in rent, the House of Lords refused to impose more onerous service charge provisions on the tenants. In so doing, their Lordships gave important general guidance as to the proper application of section 35(1) of the 1954 Act:

Answer 45

M&S vs BNP Paribas 2014 Court held that pro-rata rent rebate is not implied in lease In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2014] EWCA Civ 603, the Court of Appeal considered whether the tenant that exercised a break should be refunded rent and other payments for the period after the break date. The Court of Appeal overturned the High Court’s decision and held that in the absence of an express provision in the lease requiring the landlord to refund any rent payable under the lease by the tenant in respect of a period after the tenant has exercised the break clause, there can be no implied term requiring the landlord to do so.

Landlord & Tenant Act Flashcards

(70 cards)