LPC Real Estate 2

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  • Created by: James80pk
  • Created on: 07-03-18 23:20

1. When will Tenant be Sub-tenant's landlord?

  • If the lease has less than 15 months left to run, T will be S's landlord
  • If the lease has less than 14 months left to run, T will be S's landlord
  • If the lease has more than 14 months left to run, T will be S's landlord
  • If the lease has more than 15 months left to run, T will be S's landlord
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2. What happens if there is a sub-tenant in occupation of the whole of the business premises?

  • If the sub-tenant is in occupation of the premises let to the head-tenant, the h-t will not benefit
  • If the sub-tenant is in occupation of the premises originally let to the head-tenant, the h-t will benefit from s-o-t, it will be s-t that does not benefit of s-o-t
  • If the sub-tenant is in occupation of the premises originally let to the head-tenant, the h-t will not benefit from s-o-t, it will be s-t that benefits of s-o-t
  • If the tenant is in occupation of the premises, the h-t will not benefit from s-o-t, it will be s-t that benefits of s-o-t

3. What does the LTA 1954 do?

  • The Act gives security of tenure to tenants who occupy premises for business purposes. A business tenancy will not come an end at the expiry of a fixed term.
  • The Act gives security of tenure to tenants who occupy premises for business purposes. A business tenancy will come an end at the expiry of a fixed term
  • The Act gives security of tenure to tenants who occupy premises for business purposes. A business tenancy will not come an end at the expiry of a open term
  • The Act gives security of tenure to tenants who occupy premises for residential purposes. A business tenancy will not come an end at the expiry of a fixed term

4. What needs to happen in order for the LTA 1954 to apply?

  • Person claiming security of tenure must occupy under the terms of a 'tenancy' (inc. lease NOT an underlease and NOT a licence)
  • Person claiming security of tenure must occupy under the terms of a 'tenancy' (inc. lease and underlease NOT a licence)
  • Person claiming security of tenure must occupy under the terms of a 'tenancy' (inc. lease and underlease AND a licence)
  • Person claiming security of tenure must NOT occupy under the terms of a 'tenancy' (inc. lease and underlease NOT a licence)

5. What is a 'contracting out' tenancy under s.38A of the LTA 1954?

  • s.38A allows both parties to agree security of tenure under the Act should not apply to a given tenancy but ONLY in case of long-term lettings
  • s.38A allows both parties to agree security of tenure under the Act should not apply to a given tenancy but ONLY in case of fixed-term lettings
  • s.38A allows both parties to agree security of tenure under the Act should not apply to a given tenancy but NOT in case of fixed-term lettings
  • s.38A allows both parties to agree security of tenure under the Act should not apply to a given tenancy but NOT in case of long-term lettings
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