LV3 L&T (PE) Flashcards by Emily Hart

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Tell me about a challenging landlord & tenant case you have dealt with (LV3)

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Tell me about when and why you have served a Calderbank offer or other offer to settle (LV3)

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Tell me about an example of when you have assisted with the third party process (LV3)

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Why do you need client’s instructions before submitting a third party application? (LV3)

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What are the advantages and disadvantages you have pointed out to clients in relation to third party procedures? (LV3)

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Q

How could MEES impact upon your advice on a landlord and tenant case? (LV3)

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How did you become involved in the Leatherhead Rent Review? (LV3)

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I checked my professional competence
I issued a Terms of Engagement
I did a COI check

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Was time of the essence in the Leatherhead Rent Review (LV3)?

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What implications did the terms of the rent review clause have on your advice in the Leatherhead example (LV3)?

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Q

Talk me through your negotiations in the Leatherhead example (LV3)

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Q

What did you advise your client to offer in the Calderbank at Kentish Town? (LV3)

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Q

Talk me through your submission to the Arbitraitor? (LV3)

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What did you advise your client about the risks and rewards of seeking third party determination in Kentish Town (LV3)?

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Q

What is the RICS fee for third party determination? (LV3)

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Q

What was the outcome in Kentish Town? (LV3)

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Q

Tell me about an instance of when you have reflected market conditions on rental value? (LV2)

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Q

How do you collate, analyse and adjust comparable evidence? (LV2)

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What is the hierarchy of evidence? (LV2)

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Q

Tell me about a landlord and tenant negotiation you have been involved with? (LV2)

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Q

Tell me about a contracted out lease renewal you have dealt with (LV2)

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How would you advise a tenant differently between a contracted in and contracted out renewal? (LV2)

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Q

Why had negotiations at the Archway not completed prior to lease expiry? (LV2)

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Q

Why did you choose to use a 6 month dated section 25 notice at the Archway (LV2)?

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Q

What modernisation of terms did you propose for the Archway and why? (LV2)

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How did you ascertain the lease at the Archway was in inside the 1954 Act? (LV2)

Why did you consider yourself competent to advise your Client in the Croydon example? (LV2)

In the Croydon example why did you believe that the mezzanine could 'potentially' be rentalised? (LV2)

What was the outcome of your negotiations with the tenant at Croydon? (LV2)

Tell me about the terms you includedin your Section 25 notice for Croydon? (LV2)

Tell me about your understanding of the LTA 1927/LTA 1954/Landlord and Tenant (Covenants) Act 1995/LTA 1988?

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

What is alienation?

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

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

What is the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003

What is the role of an expert witness?

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

How does an avocate differ from an expert witness?

What is an arbitrator?

What is an expert?

How does an arbitrator and expert's roles differ?

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

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

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

What is PACT? How do in and out of Court PACT differ?

What is a Calderbank offer?

What is a break clause?

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

Tell me about your understanding of interim rent.

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

What are the Civil Procedure Rules?

What are the Jackson Reforms?

What is a Part 36 offer?

Can you serve a Calderbank offer at a lease renewal?

What does Section 34 relate to in a lease renewal?

What is compensation for disturbance?

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

Why would you contract out a lease?

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

What are the Section 30 grounds under the LTA 1954?

What time limits apply in relation to lease renewal notices?

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

What does Section 40 of the LTA 1954?

What tenancies are covered by the LTA 1954?

What is the difference between a lease and a licence?

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

How can a tenant quit a contracted in lease?

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

What does time of the essence mean?

When do notices need to be served at rent review?

What is the valuation date at lease renewal?

What are the different types of rent review?

What is a hypothetical lease?

What is a rent review assumption/disregard?

Give me an example of a typical assumption/disregard?

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

Can you challenge an expert’s determination?

What is the presumption of reality?

Tell me about one example of rent review/break option/lease renewal case law you are aware of.

What is a turnover rent?

What is a geared rent?

Tell me about your understanding of fitted assumptions?

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

What RICS guidance relates to the use of comparables?

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

What does disclosure mean in relation to a lease renewal?

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

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

How would this differ at lease renewal?

Talk me through your understanding of the RICS guidance on dilapidations. What is the dilapidations protocol? What timings apply to a dilapidations claim?

What is PDPAC?

What is quantified demand?

What is a Scott Schedule?

What is a diminution valuation? What legislation relates to diminution valuations? What would you find in a schedule of dilapidations? What type of landlord’s schedules exist? What documentation do you need to consider in relation to a dilapidations claim? What remedies exist for dilapidations during the lease term? Why and when would you recommend one/each of these?

What is supersession?

How should you respond to a dilapidations claim? How can you settle a dilapidations dispute? When would you consider ADR or litigation? What is an offer to settle? Can you use a Part 36 offer in a dilapidations claim? What is included on a settlement agreement?

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

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

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?

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

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

What is the ‘Chartbrook’ principle on index linked rent reviews? Following the Chartbrook case, what was the outcome of the Monsolar IQ Ltd v Woden Park Ltd case?