LANDLORD AND TENANT CASE STUDIES

Applicable Learning Outcomes:

Reflect on the opposing requirements of landlords and tenants.

  • Critically appraise the rent review mechanisms, and methods of ensuring closure such as ADR and arbitration.

Coursework Brief Answer both questions

For each question you must support your answers with clear reasons and references to both Case Law and Statute Law, where appropriate.

You can make assumptions where relevant, but you must clearly state all assumptions made.

Question 1 – carries 40% and question 2 – 60% of the marks.

Question 1:                                                                                                                                (40%)

  • What tenancies are protected by Part II of the landlord and Tenant Act 1954 (as amended)? (10%)
  • What is the protection given to tenancies by Part II of the Landlord and Tenant Act 1954 (as amended)? (10%)
  • Does the protection given to tenants by Part II of the Landlord and Tenant Act 1954 (as amended) serve its purpose? Give arguments for and against retention of Part II of the Act. (20%)

Question 2:                                                                                                                                (60%)

You own a parade of shops.

  • One of the shops is used by a hairdresser. She wishes to assign her lease to another hairdresser in town, Brenda. Brenda would be considered a ‘better’ covenant to the existing tenant as she has a significantly bigger profitable business than the current tenant.

However, you quite simply do not like Brenda and definitely do not want her as your tenant. The lease permits the tenant to assign but only with consent, such consent not to be unreasonably withheld.

  • You understand that you have to inform your tenant of your decision quickly. Is this right? Can you simply say ‘no’ to the prospective assignment?
    • If you did say ‘no’, how do you think the courts would deal with the matter if your tenant claimed you were unreasonably withholding consent?

(30%)

  • Another of your shops in the parade is occupied by a men’s clothing shop. The tenant has not paid the rent for the last three quarters, despite many promises to do so. In this instance, assume a non‐pandemic world. Furthermore there is an outstanding rent review.
  • Discuss the various courses of action that could be taken to recover the unpaid rent.
    • Explain what is meant by an open market rent review clause. Discuss the possible dispute resolution mechanisms found in a modern lease.

(30%)

Word count:

The total word count (the aggregate for all parts of the coursework – i.e. not per part) should be in the region of 3000 words (+/‐10%).

The hand in date is 13:00 hours on 05/05/2022. The work will need to be submitted via Turnitin. Late submission (unless agreed with the Registry as a result of an accepted claim of Mitigating Circumstances) will carry a penalty applied by the Registry in accordance with student regulations (10% for first 24 hours, no mark thereafter).

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