Exam 13 May 2015, questions - landlord and tenant law PDF

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Summary

Landlord and Tenant Law...

Description

Faculty of Computing, Engineering and the Built Environment

Undergraduate Programme 2014/2015 Academic Year Module:

BNV5082 Landlord and Tenant Practice

School:

Birmingham School of the Built Environment

Module Co-ordinator:

Julian Sidoli del Ceno

Date:

13 May 2015

Start Time:

9:30

Reading Time:

5 minutes

Time Allowed:

Three Hours 45 Minutes

Instructions to Candidates: This is UNSEEN, CLOSED BOOK EXAMINATION There are SIX questions on this paper Attempt any THREE questions All questions carry equal marks Answers should be supported by reference to legal sources. Permitted documents and other instructions None

1. Explain the law with relation to rent reviews. Is it true to say that unless ‘time is of the essence’ landlords can seek to both raise the rent and seek any additional monies even years after the date of the original rent review?

2. Howard and Tracey, a married couple, sign an agreement for a “compact and cosy one bedroom apartment” from Victor, the landlord. The agreement states “This is a license...the landlord is free to introduce new licensees at any given time and without notice...the landlord may enter the property without restriction...” They pay their rent quarterly in advance. Victor does not introduce new tenants nor does he ever seek to enter without permission. One day he Victor telephones and says that he wants them to leave and gives them a week’s notice saying “you are not tenants so you have no legal rights.” Advise Howard and Tracey. 3. With seven years left on his FRI lease William is surprised to receive an email from his landlord telling him that he is ‘going to repossess the property because it is in an appalling state’. Malcolm admits the internal decoration needs ‘a lick of paint’ and that there is a small leak in the roof caused by a loose tile which he puts a bucket under but he argues strongly that the property is otherwise in sound condition. Claire vacated her commercial property at the end of a 12 year lease last month. Her landlord is claiming £180,000 in dilapidations. She accepts that the property had deteriorated during her tenure but wonders whether she has to pay the amount the landlord has demanded. She argues that the property is not worth that much in any case. Further, she has heard a rumour from a friend that the landlord intends to demolish the building and build apartments there in any case. Advise William and Claire. 4. Consider the impact of human rights legislation with reference to protection from eviction and respect for the home and family life? 5. Leila signed a 12 month assured shorthold tenancy agreement on the 14th November 2009 with I.M. Biased Letting Agents. She moved into her one bedroom property the same day and has always paid rent on the 14th of each month. A check in report was prepared by “We love landlords inventory services”. It stated that the property was newly decorated and carpeted throughout, that the appliances were in good condition and that the property was “essentially clean.” On the 1st September Leila telephones the agent and states that she is moving out on the 1st October and that she is giving one month’s notice. She also tells them that the fridge has stopped working. The agents promise to send someone around to have a look at it. She vacates the property on the 1st October although as it she is in a rush she forgets to return the keys. She posts the keys to the agents on the 3rd October and they arrive on the 5th. A check out report takes place some time later by “Golden Goodbye Clerking”. It finds “heavy tread use on hallway carpet, small 1 inch stain on bedroom carpet, fridge not working, various low level scuffs to hallway paintwork. House not professionally cleaned but fair overall with some minor admissions.” The agents write to Leila requesting the following deductions:

Rent Arrears (incorrect notice) - £875.00 New Carpets (Hallway/Bedroom) - £500.00 Full redecoration of Hallway - £400.00 New Fridge - £350.00 Full Professional Clean - £600.00 Advise Leila on the validity of these claims and on the overall validity of the process. 6. “The courts are ingenious when it comes to protecting the property rights of those who have some moral claim over land.” Consider this statement in the light of recent case law particularly the judgement of the House of Lords in Thorner v Majors [2009] UKHL 18 and the Supreme Court in Jones v Kernott [2011] UKSC 53....