landlord and tenant

What information is required from the client at instruction for lease renewal?

Agreed Terms of Engagement

What document must be obtained from the client for lease renewal?

Copy of the existing lease

What licences should be obtained during lease renewal instruction?

Copy of any licences such as Licence to Alter

What contact information should be obtained during lease renewal instruction?

Contact details of the tenant

What management documentation should be obtained during lease renewal instruction?

Copy of the property management file

What repairing structure commonly applies to Network Rail retail leases?

Effective Full Repairing and Insuring lease

How must Terms of Engagement be agreed?

In writing

What professional checks must be undertaken before agreeing Terms of Engagement?

Competence and conflict of interest checks

What fee structures may apply to surveyor instructions?

Fixed fees hourly fees or incentivised fees

What does the phrase without prejudice mean?

Statements made cannot be relied upon or used in court

What right does a tenant have under the covenant of quiet enjoyment?

The tenant has the right to use the premises without unlawful disturbance by the landlord

What is the first step a surveyor must undertake when acting in landlord and tenant matters?

Conflict and competency check

What engagement step follows the conflict check?

Agree Terms of Engagement with the client

What strategic step should be undertaken early in landlord and tenant instructions?

Understand the client's objectives and strategy

What documentation should be obtained from the client during landlord and tenant instructions?

Lease and relevant documents

What timing issue should be checked for rent review matters?

Check if time is of the essence

What physical inspection step should be undertaken during landlord and tenant instructions?

Inspect and measure the property

What professional analysis step follows inspection?

Undertake valuation

What documentation should be produced after valuation?

Prepare a report

What negotiation step occurs after agreement on advice?

Begin negotiation

What legal procedural step must be checked before progressing negotiations?

Check appropriate statutory notices

What step occurs once negotiations conclude?

Instruct solicitors

What case law established the distinction between lease and licence?

Street v Mountford 1985

What is a key characteristic of a lease?

Exclusive occupation

What duration is typically required for a lease?

Specified term often more than six months

What legal interest does a lease create?

A legal interest in land

Can a lease usually be assigned?

Yes a lease can normally be assigned

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

Part II of the Landlord and Tenant Act 1954 provides security of tenure for business tenants and governs the renewal and termination of business tenancies

Which sections of the Landlord and Tenant Act 1954 contain the provisions relating to business tenancies?

Sections 23 to 44

What does security of tenure mean under the Landlord and Tenant Act 1954?

Security of tenure means a tenant has the right to remain in occupation and apply for a new lease at the end of the contractual lease term

Which tenants qualify for protection under the Landlord and Tenant Act 1954?

Business tenants occupying premises for the purposes of a business

Under which section of the Landlord and Tenant Act 1954 is a business tenancy defined?

Section 23

What does Section 23 of the Landlord and Tenant Act 1954 define?

A tenancy where the property is occupied by the tenant for the purposes of a business carried on by them

What is the definition of business under the Landlord and Tenant Act 1954?

Business includes a trade profession or employment and includes any activity carried out for gain or reward

What types of occupation are excluded from protection under the Landlord and Tenant Act 1954?

Agricultural tenancies mining leases service tenancies short term tenancies under six months and certain licences

What is the minimum occupation period normally required to obtain protection?

The tenant must be in occupation for business purposes

What happens to a tenancy at the end of the contractual term if it is protected under the Act?

The tenancy continues automatically under statutory continuation until terminated in accordance with the Act

Under which section does the statutory continuation of tenancy arise?

Section 24

What does Section 24 of the Landlord and Tenant Act 1954 state?

A tenancy continues after expiry until terminated by statutory notice or court order

What must occur for a protected tenancy to end?

Service of a Section 25 notice Section 26 request or court order

What notice may a landlord serve to terminate or oppose renewal of a protected tenancy?

Section 25 notice

Under which section is the landlord’s termination notice provided?

Section 25

What must a Section 25 notice specify?

Whether the landlord is willing to grant a new tenancy or intends to oppose renewal

How much notice must a landlord give when serving a Section 25 notice?

Between 6 and 12 months notice

What must the notice date in a Section 25 notice coincide with?

The termination date specified in the notice

What alternative notice may a tenant serve to request a new lease?

Section 26 request

Under which section is a tenant’s request for a new tenancy made?

Section 26

What does a Section 26 request do?

Requests the grant of a new tenancy on expiry of the existing lease

How much notice must a tenant provide in a Section 26 request?

Between 6 and 12 months notice

When can a tenant not serve a Section 26 notice?

If the landlord has already served a Section 25 notice

What must a Section 26 request include?

Proposed terms for the new tenancy including rent and lease terms

What happens if the landlord wishes to oppose a Section 26 request?

The landlord must serve a counter notice within two months

What section governs landlord opposition to a tenant’s renewal request?

Section 30

What does Section 30 of the Landlord and Tenant Act 1954 set out?

The statutory grounds on which a landlord may oppose renewal of a business tenancy

How many statutory grounds exist for opposing lease renewal?

Seven grounds

Which grounds for opposition are discretionary?

Grounds a b and c

Which grounds for opposition are mandatory?

Grounds d e f and g

What is Ground A for opposing lease renewal?

Tenant has failed to keep the property in repair

What is Ground B for opposing lease renewal?

Persistent delay in paying rent

What is Ground C for opposing lease renewal?

Other substantial breaches of covenant

What is Ground D for opposing lease renewal?

Landlord offers suitable alternative accommodation

What is Ground E for opposing lease renewal?

Tenancy created by subletting part and landlord intends to let the whole property

What is Ground F for opposing lease renewal?

Landlord intends to demolish or reconstruct the premises

What is Ground G for opposing lease renewal?

Landlord intends to occupy the premises for their own business

Which grounds may entitle the tenant to compensation?

Grounds E F and G

How is statutory compensation calculated?

Based on the rateable value of the property

What is the basic compensation amount?

One times the rateable value

When is double compensation payable?

When the tenant has occupied the property for 14 years or more

What section governs the terms of the new tenancy?

Section 32

What factors will the court consider when determining new lease terms?

Length of term rent repairing obligations and other lease terms

What section governs rent determination for a renewal lease?

Section 34

How is rent assessed under Section 34?

Based on the open market rent for the holding

What assumptions are made when assessing rent under Section 34?

The property is let on the open market by a willing landlord to a willing tenant

What disregards apply when assessing rent under Section 34?

Disregarding the tenant’s occupation and goodwill

What section governs other lease terms in the renewal tenancy?

Section 35

How does the court determine the length of the new tenancy?

Based on reasonable terms having regard to market practice

What section governs interim rent?

Section 24A

What is interim rent?

Rent payable between termination of the existing tenancy and commencement of the new tenancy

When can interim rent be determined?

When proceedings for a new tenancy have been started

What happens if the landlord opposes renewal and the court agrees?

The tenancy will terminate

What must a tenant do if negotiations fail after serving notice?

Apply to the court before the statutory deadline

What is the deadline for issuing court proceedings for renewal?

Before the termination date specified in the notice

What happens if court proceedings are not issued in time?

The tenant loses security of tenure

What section governs contracting out of the Landlord and Tenant Act 1954?

Section 38A

What does contracting out mean?

The parties agree that the tenancy will not have security of tenure

What procedure must be followed to contract out of the Act?

The landlord serves a warning notice and the tenant signs a declaration

What document confirms the tenant understands loss of protection?

A statutory declaration or simple declaration

When must the contracting out declaration be signed?

Before the lease is completed

What happens if the correct contracting out procedure is not followed?

The tenancy will remain protected by the Act