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77317
Termination Applications to Court
Description
Landlord and Tenant Law Quiz on Termination Applications to Court, created by nathan_hutchings on 08/05/2013.
No tags specified
landlord and tenant law
landlord and tenant law
Quiz by
nathan_hutchings
, updated more than 1 year ago
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Created by
nathan_hutchings
about 11 years ago
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Resource summary
Question 1
Question
Following service of section... or section... an application can be made to court
Answer
Section 25 notice
Section 26 request
Section 27 notice
Question 2
Question
Application to court
Answer
Must be made before date stated in L's section 25 notice
Day before date in T's section 26 request
Deadline can be extended by agreement
Must be made before date in T's section 26 request
Day before date in L's section 25 notice
Question 3
Question
Applications to court can be made under
Answer
Section 24
Section 29
Section 25
Section 26
Question 4
Question
Application for grant of new lease
Answer
Section 24
Section 29
Section 25
Question 5
Question
Section 24
Answer
Used if L opposes grant of new lease but T wants renewal
Used if both parties want new lease but can't agree terms
Used by L when L opposes grants of new lease but T wants new lease
Only for L
Question 6
Question
Application for termination without renewal
Answer
Section 24
Section 29
Section 26
Question 7
Question
Section 29
Answer
Used by L when L opposes grants of new lease but T wants new lease
Used if L opposes grant of new lease but T wants renewal
Only for L
Used if both parties want new lease but can't agree terms
Question 8
Question
Landlord's grounds of opposition to new lease
Answer
Section 30
Section 29
Section 31
Question 9
Question
Grounds of opposition must be in
Answer
L's section 25 notice
L's counter notice to T's section 26 request
L's section 27 notice
T's section 25 notice
Question 10
Question
There are seven grounds of opposition in section 30
Answer
Grounds a-c discretionary
Grounds d, f and g are mandatory
Grounds a-c madatory
Grounds d, f and g are discretionary
Question 11
Question
If L proves discretionary ground
Answer
Court may refuse an application for new lease but can take all circumstances into account
Court must refuse any application for new lease
Question 12
Question
If L proves mandatory ground
Answer
Court must refuse any application for new lease
Court may refuse an application for new lease but can take all circumstances into account
Question 13
Question
Tenant's breach of a repairing obligation
Answer
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (c)
Section 30 (1) (d)
Section 30 (1) (f)
Section 30 (1) (g)
Question 14
Question
Persistent delay in paying rent
Answer
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (c)
Section 30 (1) (d)
Section 30 (1) (f)
Section 30 (1) (g)
Question 15
Question
Section 30 (1) (b)
Answer
Number of occasions
Length of delays
Reasons
Future safeguards - rent deposit of guarantor
extent of disrepair
Question 16
Question
Section 30 (1) (c)
Answer
T must be in breach of lease covenant
Whether breach can be remedied
Has L waived right to forfeit lease for breach
T need not be in breach of covenant
Number of occasions
Question 17
Question
Section 30 (1) (b)
Answer
Hazel v Akhtar
Walsh v Lonsdale 1882
Antoniades v Villiers 1988
Facchini V Bryson 1952
Question 18
Question
Hazel v Akhtar
Answer
L could not rely on Section 30 (1) (b)
L had not notified T required strict compliance with rent payment covenant
Question 19
Question
Section 30 (1) (a)
Answer
T must have failed to comply with the repairing obligation in lease
Disrepair must be a result of this failure and exist at date of hearing
L prepares schedule of dilapidation
Court take into account - extent, previous breaches, whether T will to give undertaking for repair
future safe gurads
Reasons
Question 20
Question
Other substantial breaches
Answer
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (c)
Section 30 (1) (d)
Section 30 (1) (f)
Section 30 (1) (g)
Question 21
Question
Suitable alternative accommodation
Answer
Section 30 (1) (d)
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (f)
Section 30 (1) (g)
Section 30 (1) (c)
Question 22
Question
Landlord intends to redevelop the property
Answer
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (c)
Section 30 (1) (d)
Section 30 (1) (f)
Section 30 (1) (g)
Question 23
Question
If L intends to redevelop the property he must establish
Answer
Intention
Demolition, reconstruction or construction
Need for possession
suitable alternative accommodation
seriousness of breach
Question 24
Question
Section 30 (1) (f) - 2 part test for intention
Answer
Settled intention
Reasonable prospect of fulfilling intention
Unsettled intention
(definite proposals needed)
Question 25
Question
Section 30 (1) (d)
Answer
L must provide suitable alternative accommodation
Terms for lease of new accommodation reasonable
Number of occasions
Question 26
Question
Demolition, reconstruction or construction
Answer
Nature and extent of works
Substantial part of premises and substantial inference of structure
2 part test
Joel v Swaddle
Question 27
Question
Need for possession
Answer
L must show possession required to carry out works
Note effect of section 31A
Must be able to do works without possession or interference
Question 28
Question
Landlords intention to occupy premises
Answer
Section 30 (1) (a)
Section 30 (1) (b)
Section 30 (1) (c)
Section 30 (1) (d)
Section 30 (1) (f)
Section 30 (1) (g)
Occupation within reasonable time after lease terminated required
Five year rule - can't rely on this section if interest acquired within five years of lease terminating
Question 29
Question
Interim rent
Answer
between service of section 25 notice/section 26 request + grant of new lease often considerable delay - negotiations - court proceedings
rent which court considers reasonable (could differ from RP)
between service of section 30 notice/section 24 request + grant of new lease often considerable delay - negotiations - court proceedings
Question 30
Question
Interim rent commences
Answer
Section 25 notice - earliest termination date
Section 26 request - earliest commencement date
Section 26 request - earliest termination date
Question 31
Question
Termination of existing lease if no renewal exists
Answer
termination date in S25 notice
Commencement date 26 request
Four months after the courts judgement
Question 32
Question
Section 37
Answer
Disturbance compensation L must pay T if succesful on grounds f or g
L wishes to do work to premises
Question 33
Question
Terms of new lease
Answer
If L + T cannot agree the court may determine
Have regard to old lease and relevant circumstances eg MR
O'May v City of London Real Property
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