Law, Business Structures & Agreements Flashcards

(36 cards)

1
Q

Two Key Sections AHA Dilaps

A

S71 - Deterioration of Parts
S72 - Deterioration of Holding

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2
Q

Section for Settlement of Claims - AHA & Notice Period

A

S83
Within 2 Months After Termination

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3
Q

What Schedule Governs Short Term Improvements - AHA

A

Schedule 8

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4
Q

Examples of Short Term Improvements Under Schedule 8 - AHA

A

Lime
Fert
Fruit Trees
Mole Drainage
Growing Crops

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5
Q

What Section is an Arbitrator Applied For - ATA

A

S12

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6
Q

Which Section Determines How Much Rent is Payable - ATA

A

S13

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7
Q

What is the Basis of Valuation for Tenants Improvements

A

The Value to the Hypothetical Incoming Tenant

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8
Q

What Section Governs the Tenants Right to Claim for Tenants Improvements - ATA

A

S22

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8
Q

What are the Two Methods for Valuing Tenants Pasture

A

Face Value & Cost Basis

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9
Q

Four Stat Factors to Consider - RR

A
  • Terms of Tenancy
  • Character & Situation
  • Productive Capacity
  • Relative Earning Capacity
  • Comps
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10
Q

What is a Case A NTQ - AHA

A

Tenant Retiring - Alt Accom. Available

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11
Q

What is a Case B NTQ - AHA

A

Land Use Other Than Ag

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12
Q

What is a Case C NTQ - AHA

A

Tenant Not Fulfilling Good Husbandry

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13
Q

What is a Case D NTQ - AHA

A

Tenant Failed to Comply With Notice i.e. Unpaid Rent

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14
Q

What is a Case E NTQ - AHA

A

Commission Had Materially Prejudiced The Interest

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15
Q

What is a Case F NTQ - AHA

A

Tenant Has Become Insolvent

16
Q

What is a Case G NTQ - AHA

A

Death of Tenant

17
Q

What is a Case H NTQ - AHA

A

NTQ to Use or Dispose of Land

18
Q

NTQ Relevant Section, Notice Period & Tenants Counter Notice - AHA

A

S25
12 Months Notice
Counter Notice - S26

19
Q

Rent Review Notice - AHA

A

S12
12-24 Months Notice

20
Q

Frequency of Rent Reviews - AHA

21
Q

Date to Qualify for Succession - AHA

A

12th July 1984

22
Q

Introduction Date of ATA

A

1st September 1995

23
Q

What is a Tenants Fixture

A

Part of Premises - May be Removable

24
What is a Tenants Improvement
Chattel That Has Become Permanent and Irremovable
25
Dilapidations Right to Claim - AHA
S71
26
Dilapidations Notice to Claim Dilapidations & Notice Period - AHA
S83 2 Months
27
Landlord Repairs - AHA
- Roof - £100 for previous 6 years can be Requested from Tenant - Chimney Stacks/Lining - External Walls - Staircases - Roof/Wall Insulation - Exterior Painting of Farmhouse - Every 5 years - Water Below Ground - Electrical
28
Tenant Repairs - AHA
- Fixtures/Fittings - Drains - Sewers - Manholes - Fences/Hedges - Handling Systems - Sheep Dips - Troughs - Electrical - Installed by Tenant
29
Tenants Right to Remove Tenants Fixtures - AHA
S10
30
Relevant Section to Increase Rent Due to Improvement Done by Landlord at Tenants Request - AHA
S13
31
Tenant Notice for Landlord to Make Improvement - AHA
S11
32
How is Productive Capacity Assessed
- Soil Type - Land Grade - Drainage - Building Types & Capacity - Assume Competent Tenant w/ Husbandry to Suit Holding - Compare Tenants Figures with Nix/ABC - Av over Number of Yrs
33
What is Related Earning Capacity
What a Competent Tenant Could be Expected to Earn off Holding
34
What is Discarded in Rent Review
- High Farming - Tenants Fixtures - Anything Done w/ LL Consent - Diversification - Scarcity - Marriage Value - Effect of any Premium
35
Key Points- Restrictive Covenant
- Benefit & Burden - Beneficiary MUST own Land Close or Adjoining & Therefore Benefit of Covenant - Linked to Land