Repairs Flashcards

(9 cards)

1
Q

What if an fbt is silent on repairs

A

There is no fallback position

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2
Q

What are the relevant sections in relation to improvements under an fbt

A

S 15 - definition of tenant improvements
S 16 - compensation rights for improvements
S 17 - states that for the tenant to qualify for compensation, they have to have had the landlord written consent to the improvement

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3
Q

If there is no agreement on repairs in an aha 1986 act tenancy, what happens

A

Model clauses

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4
Q

Full names of 2015 and 1973 model clauses

A

Agricultulre (maintenance, repairs and insurance of fixed equipment) regulations 1973
Agriculture (model clauses for fixed equipment) (England) regulations 2015

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5
Q

What to do if tenant fails to comply with model clauses

A

Ll may serve notice on the tenant under the model clauses requiring him to do the works.

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6
Q

When may the Ll enter and execute the repairs after notice has been served on the tenant

A

If the tenant does not start the work within 2 months of receiving the written notice
Or if the tenant fails to complete the repairs within 3 months of receiving the written notice

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7
Q

What if the tenant wishes to dispute his liability to execute the works

A

Serve a counter notice within 1 month contesting their liability and requesting the issue be referred to arbitration (aha) or third party determination

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8
Q

Can you contract out of the
Rights to compensation in an fbt

A

No

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9
Q

What section of the Ata 1995 deals with compensation right sin relation to improvements

A

S16

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