LPC Real Estate 2

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  • Created by: James80pk
  • Created on: 07-03-18 23:20
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 and underlease NOT a licence)
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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.
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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 fixed-term lettings
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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 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
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How does termination of tenancy work under LTA 1954?
s.25 landlords notice; s.26 notice by tenant requesting new tenancy; forfeiture; surrender
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Who is the 'competant landlord' in the case of a sub-letting?
s.44 defines sub-tenant's competant landlord as person who has superior tenancy not ending within 14 months or the freeholder if no such person
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When will Tenant be Sub-tenant's landlord?
If the lease has more than 14 months left to run, T will be S's landlord
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How does the landlord terminate a protected tenancy and oppose renewal?
L/l serves a s.25 notice on the tenant terminating the lease on one of statutory grounds under s.30. Must give not less than 6 or more than 12 months before date specified in notice for termination
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What happens if the tenant does not apply to the court for a new lease by the relevant date?
If the s.25 notice expires before the tenant applies to the court, he will lose his rights under the LTA1954
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What should a protected tenant do who wants to stay in the premises after the contractual expiry date?
May serve a s.26 request for a new tenancy on the l/l. He may also do nothing, occupy premises on existing terms and wait for l/l to take action
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Other cards in this set

Card 2

Front

What does the LTA 1954 do?

Back

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.

Card 3

Front

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

Back

Preview of the front of card 3

Card 4

Front

What happens if there is a sub-tenant in occupation of the whole of the business premises?

Back

Preview of the front of card 4

Card 5

Front

How does termination of tenancy work under LTA 1954?

Back

Preview of the front of card 5
View more cards

Comments

flexomob

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Nice. Thanks for sharing.

DuncanLucas

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Lol, the descriptions are strange. With such depictions it is hard to attract new clients - this is my opinion. When I searched for a new house, it was essential to read a profound and well-written description. The frivolous descriptions made me ignore the offer. Anyway, I didn't take care of the choice of the apartment, a buyer agent from Sydney from the wealth 360 company helped me find reasonable offers, which is related to price and quality. And yes, he also paid attention to the description of the apartments and recommended wow apartments to me.

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