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FELIX HOLLAND RICS FINAL CARDS > Summary Of Experience LL And T > Flashcards

Summary Of Experience LL And T Flashcards

1
Q

LL and T level 3

I understand you received a section 26 notice from a tenant in Ixworth Place in Chelesa.

Please can you explain this?

A
  • tenant was inside the act
  • the tenant provided an appropriate increase which was in line with the market rental value.
  • I advised that this was a fair and a very good offered.
  • I recommended against making a counter offer as market was declining
  • I do advise the LL on what grounds they could decline if they wanted the T out under S30.
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2
Q

LL and T level 3

You undertook a OM rent review at Threadneedle Street.

Can you talk me through this?

A
  1. Take instruction from client. Check COI, confirm fee in writing and make sure you’re competent.
  2. I Requested a legal pack : lease, license for alterations
  3. Read lease, check time of essence lease was silent, look at rent review clause, assumptions/disregards
  4. Undertake inspection and measured on a GIA basis
  5. Get comparables to undertake market rent.
  6. Provide written recommendation to client
  7. Serve notice on LL / T
  8. Negotiate
  9. Arbitration/independent expert
  10. Calderbank?
  11. Agreement - signed rent review memorandum
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3
Q

LL and T level 1

What is the landlord and tenant covenants act 1995?

A

In relation to assignments

Abolished privity of contract

From the 1st of Jan 1996 - the LL can request an AGA which the tenant has to enter into once assigning meaning they are on the hook for any breach of lease.

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4
Q

Level 2

Walk me through the break notice at Birchin lane?

A
  • Had to be no arrears and property had to be reinstated
  • the break had to be served via letter to the Landlord’s business address served no earlier than 6 months
  • I kept dialogue leading up to the break with the tenant and given our good relationship, I was able to let my client aware way before the break that we would likely have a vacant unit allowing more time to find an occupier
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5
Q

Do you know any case law relating to Break Notices?

A

Under section 196 of the law of property act 1925 states that it must be served in one of the following 3 ways.

  1. By hand
  2. By registered post
  3. By personal agent
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6
Q

How did you go about dealing with the RPI rent review?

A
  • read the lease and check basis of rent review
  • read the rent review clause to make sure time is not of the essence
  • Insert rent into the online colliers RPI calculator
  • Double check with our accounts side that they concur.
  • Send over to client for them to agree.
  • once agreed, send to tenant.
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7
Q

What is the purpose of the Landlord and Tenant Act 1954?

A
  • Provides Security of Tenure for the tenant
  • They can renew the lease on similar lease terms
  • T cannot be turfed out
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8
Q

What is section 24-29?

A

24 - Gives T security of Tenure : L or T can apply to court to determine terms of new tenancy

24(a) - Court to decide an interim rent

25 - LL notice to terminate a lease

26 - T request for a new lease

27 - T notice of vacating the premise

28 - Agreement for a new tenancy results in existing tenancy losing protection

29 - Time scales for application to court (T must apply to court before expiry of S25)

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9
Q

What is a tenancy at will?

A

A document drawn up by solicitors.

Tenant occupies property with LL consent, either party can end the arrangement on no notice.

Is for temporary, short term use.

(think onslow hall)

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10
Q

What does S25 contain?

A
  • Property
  • T
  • LL
  • Date of notice
  • Friendly/Hostile
  • date of when new lease to start

drawn up by the solicitors (clear to read)

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11
Q

when can a s25 be served?

A

No earlier than 12 months, no later than 6 months if you wish the tenancy start the day after the old tenancy ends

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12
Q

You are aware of the significance of the L&T act 1927? What sections of the Landlord and Tenant Act 1927 are you aware of?

A
  • Sections 1-3 = relate to registering tenant’s improvements
  • Section 18 – Cost of damage is set at the diminution of value due to the breach in repair
  • Section 19 – LL consent can’t be unreasonably withheld
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13
Q

Difference between expert witness and independent expert?

A
  • independent resolves dispute at rent review
  • expert witness has duty of care to court and present at lease renewal dispute
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14
Q

Can you name the types of breaks that are common in leases?

A
  • Fixed
  • Rolling
  • Conditional
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15
Q

When is it likely that time is of the essence?

A
  • when lease says so
  • deeming provisions
  • T serves notice making TOE
  • RR inter relates with another clause (eg break notice)
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16
Q

Deeming provisions?

A

where lease explicitly states that T is ‘deemed’ to have accepted LL rent

LL serves notice, T does not serve counter notice in specified time, so T deemed to have accepted LL rent

17
Q

If a Landlord wanted to contract out of the LL&T Act 1954 at lease renewal, what notice should be served?

A

S38 - Would contract out of S24-28 so would give up security of tenure

  • Regulatory reform order 2003
18
Q

What happens if the tenant doesn’t respond to the S26 within the 2 month time frame?

A

In the event that your landlord does not reply to your Section 26 Notice within 2 months of being served with it, they will not be able to object to its provisions and a Court can determine the terms of a new tenancy.

19
Q

When would time be of the essence?

A
  • If lease said so
  • deeming provisions
  • T serves notice time of the essence
  • RR interrelates with another clause
20
Q

In a rent review can the landlord backdate rent?

A

when the new rent is agreed the LL can backdate it to the rent review date

21
Q

what is an absolute covenant?

what is a qualified covenant?

what is a fully qualified covenant?

A
  • cannot do anything
  • requires LL consent
  • requires LL consent to not be unreasonable withheld
22
Q

What happens if the T doesn’t respond to the S25 notice?

A

Where the tenant does not respond to the notice the tenancy will either continue on the proposed new terms, or where the landlord has served an opposing notice, the tenancy will end on the date specified

FELIX HOLLAND RICS FINAL CARDS (13 decks)

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