Tenancies Flashcards
(32 cards)
Which part and section of the Agricultural Tenancies Act 1995 contains the detailed code for rent reviews?
Part II, sections 9-14
What is the name and date of the agricultural tenancy reforms that took place?
The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006
How often can an AHA 1986 rent review take place?
No more than once every three years
What notice is used to trigger a rent review for an AHA 1986 tenancy?
Section 12
When can a section 12 trigger notice be server for an AHA 1986 tenancy rent review?
At least 12 months but no more than 24 months before the rent review date. I.e. the earliest date which the tenancy could next have been terminated by notice to quit (the first annual term date of the tenancy
What section of the AHA 1986 governs the service of rent review notices?
Section 93
What rules must be adhered to when serving a section 12 (aha 1986) notice?
The notice must be:
A) delivered personally to recipient
B) left at his proper address (last known address) and;
C) sent by recorded delivery post
What requirements must a section 12 (AHA 1986) notice comply with?
The notice must be:
A) in writing
B) requiring “rent payable to be referred to arbitration from the next determination date”
C) correctly identify the parties
Factors to be disregarded when determining rent reviews and under the AHA 1986:
1) tenants improvements
2) tenants fixed equipment
3) grant funded element of any landlord improvements
4) effect of the rent of the tenants actual occupation
5) dilapidations causes or permitted by tenant
6) high farming
7) anything adding value which is personal to the sitting tenant E.g. supermarket contracts, planning permission limited to the tenant
What are the 4 key factors that the rent review formula requires an arbitrator to consider in every AHA 1986 rent review?
1) terms of tenancy
2) character and situation of holding
3) productive capacity and related earning capacity of the holding
4) current rents for comparable holdings
What date do succession rights no longer apply for AHA 1986?
12th July 1984
What date signifies the creation of Farm Business Tenancies under the ATA 1995?
1st September 1995
What part and section of the AHA 1986 deals with succession on death?
Part IV, ss 35-48 and schedule 6
Which part and section are of the AHA 1986 deals with succession of retirement?
Part IV, ss 49-58 and Schedule 6
What are the three stages of the eligibility test?
A) close relationship test
B) livelihood test
C) Commercial unit test
What are the key points of the suitability test?
1) Training and/or practical agricultural experience
2) Age, physical health and financial standing
3) Any views of the landlord on suitability - effectively limited to any comments landlord had on the first two limbs of the test
Who classifies as a ‘close relative’ when undertaken succession tests under aha 1986?
Wife, husband or civil partner
Sibling
Child of the deceased (not children in law)
Person ‘treated as a child’ in relation to a marriage/civil art worship of which deceased was a third party
How many years are specified in the principal source of livelihood test, that the applicants agricultural work on the must be provided as his principal source of livelihood?
At least 5 out of the last 7 years ending with the date of death/date of retirement notice.
What percentage quantifies as ‘principal’ when it comes to the principal source of livelihood test?
51% +
Case law relating to principal source of livelihood test?
Littlewood v Rolfe [1981]
What section of AHA 1986 states that NTQ must expire on tenancy term date to be valid?
Section 25(1)
AHA1986
If tenant becomes insolvent when a NTQ need to be served for repossession of land for non-ag use, what is the notice period reduced to?
6 months
When can possession be regained at at short notice for a non-agricultural purpose in an AHA 1986 tenancy ?
When an early resumption clause is contained within the tenancy agreement, specifying that VP is gained for a specified purpose other than agriculture.
Is there a minimum notice period for contractual clauses for NTQ in AHA 1986 tenancies? Explain.
No. But case law states that sufficient time should be provided to the tenant to make a compensation claim.
