





Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Interim Rent Calculation Study Guide with Solutions
Typology: Exams
1 / 9
This page cannot be seen from the preview
Don't miss anything!






Davitt Jones Bould (DJB) - ANSWER Largest niche real estate law firm in the UK, known for high-quality legal work and service. Senior Solicitors at DJB - ANSWER Attracted by innovative structure, with an average post-qualification experience exceeding 20 years. Client Care at DJB - ANSWER Separated from legal advice to allow solicitors to focus solely on legal work. Clientele of DJB - ANSWER Includes significant landowners like The Royal Parks, The Cabinet Office, and local authorities. Client Care Professional - ANSWER Provided to all clients at no extra charge to ensure the highest standard of service. Work Structure at DJB - ANSWER Solicitors have control over workload and lifestyle, with the option to work remotely or hot-desk. High-Profile Projects - ANSWER DJB advises on projects like the London 2012 Olympic Games and the first Sukuk Bond for HM Treasury. Recognition of DJB - ANSWER Top-tier rankings in Chambers and Legal 500, with recent awards like Property Week Awards 2023. Gender Split at DJB - ANSWER Maintains a 50-50 gender split at partner level, with a high lawyer retention rate.
Client Testimonials - ANSWER Positive feedback on DJB's work environment, client care, and support for lawyers seeking autonomy. Legal 500 2023 - ANSWER Training aimed at property professionals to update knowledge on current issues and apply it in client service. Competency Statement Section B - ANSWER Training satisfies Technical Legal Practice competency statement. Grounds of Opposition - ANSWER Litigated grounds (f) and (g) are focused on in property law disputes. Ground (f) - ANSWER Under S.30(1)(f), landlord intends to demolish or reconstruct premises. Betty's Café Ltd v Phillips Furnishing Stores Ltd [1959] AC20 - ANSWER Landlord must prove intention to demolish at the hearing. Somerfield Stores v Spring (Sutton Coldfield) Limited [2010] EWHC 208 4 - ANSWER Landlord must have a defined intention by the full trial. S Franses Ltd v Cavendish Hotel (London) Ltd [2017] EWHC 1670 - ANSWER Ground (f) can be used even if reconstruction is planned to terminate the lease. Supreme Court Decision December 2 018 - ANSWER Landlord's intention to do work regardless of repossession is key.
School as Landlord's Agent - ANSWER School acting on landlord's behalf in works Demolition and Reconstruction - ANSWER Amount of work needed varies, fact and degree dependent Substantial Reconstruction - ANSWER Works must be substantial to satisfy ground (f) Opposition Grounds - ANSWER Huts removal not valid for demolition and reconstruction claim Ground (g) - ANSWER Section 30(1)(g) allows landlord's intention to occupy for business or residence. Gulf Agencies Ltd v Ahmed - ANSWER Case where landlord intended to occupy for solicitor's practice and minicab business. Cunliffe v Goodman - ANSWER Case requirement for landlord's fixed desire and reasonable prospect for intended use. Macey v Pizza Express - ANSWER Case where landlord's intention to occupy was rejected due to lack of evidence. Class A2 - ANSWER Planning legislation allowing landlord to occupy under specific conditions. Dolgellau Golf Club v Hett - ANSWER Case where landlord's genuine intention to occupy was sufficient, regardless of success.
Re Crowhurst Park, Sims Hilditch v Simmons - ANSWER Case where landlord's use for partnership purposes satisfied intention to occupy. Patel v Keles - ANSWER Case requiring landlord's clear intention to occupy, allowing potential sale later. Ground (b) - ANSWER Provision under Commercial Rent Act 2022 restricting use for persistent rent delay. Renewal Terms - ANSWER Court-decided terms for new tenancy in case of disagreement between landlord and tenant. S.32-35 of the Act - ANSWER Sections providing guidance on Court's decision for new tenancy terms. S.30(1)(f) - ANSWER Allows landlord to oppose grant of tenancy S.31(a) - ANSWER Permits tenant to accept tenancy of part of holding S.32(1A) - ANSWER Mandates court to grant new tenancy of accepted part Duration of New Tenancy - ANSWER Regulated by S.33, maximum 15 years, starts after current tenancy Betty's Café v Phillips Furnishing Stores [1959] - ANSWER Court reduced original lease to 5 years
Schedule 1 Landlord and Tenant (Covenants) Act 1995 - ANSWER Allows changes in rent for new lease without privity of contract. S.35 - ANSWER Court determines other terms of tenancy in absence of written agreement. O'May v City of London Real Property Co - ANSWER Landlord can't upgrade new lease to modern standards without consent. Wallis v General Accident - ANSWER Landlord can't insist on authorized guarantee agreement in new lease. Samuel Smiths v Howard de Walden - ANSWER User covenants can't be changed on renewal without tenant consent. Edwards and Walkden v Mayor of London - ANSWER Different service charge liabilities standardized on lease renewal. WH Smith v Commerz Real Investmentgesellschaft - ANSWER New lease may include rent suspension provision in event of pandemic. Poundland v Toplain - ANSWER Court refused to change rent suspension provision to include pandemic clause. Forfeiture Provision - ANSWER Excludes right to forfeit during future lockdowns. Unfair Prejudice - ANSWER Landlord disadvantaged by lease term changes.
Pandemic Clause - ANSWER Clause accepted by landlord in WH Smith case. Energy Efficiency Rating - ANSWER Premises must maintain E rating for alterations. EPC - ANSWER Energy Performance Certificate for premises. Interim Rent - ANSWER Temporary rent between lease termination and new lease. Interim Rent Calculation - ANSWER Based on hypothetical yearly tenancy, existing rent. Rent Review Clause - ANSWER Enables market rent change at end of term. Continuation Tenancy - ANSWER Lease extension without rent review clause activation. Market Rent Calculation - ANSWER Determines rent based on property and occupancy. Anchor Tenant - ANSWER Key tenant influencing rent changes in the area. Cushioning Effect - ANSWER Prevents sudden major rent increases, based on existing rent. Regis Property Co. Ltd v Lewis and Peat - ANSWER Case influencing downward interim rent adjustments. Valuation - ANSWER Assessment to determine interim rent.