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Property services update - answers to Property services
quiz
Thanks to the many of you who took part in our
Property Services Update Quiz. We're pleased to announce the
following winner and runners up, to whom we extend our
congratulations:
Robert Maxey - £200 Buyagift open gift
voucher
Andrew Butler - £50 Buyagift open gift
voucher
David Buck - £50 Buyagift open gift
voucher
If you have any comments on this edition of
the Property Service update or any suggestions for features then
please contact Sarah Freeston.
Implied surrender
The first set of questions related to the
topic of implied surrender. An implied surrender or surrender
by operation of law, in legal terms meaning the same thing, will
occur when a landlord and tenant conduct themselves in a way that
is inconsistent with the continuance of the lease. The
concept is based on the principle of estoppel and does not depend
on the actual intention of the parties. It is for this reason
that a surrender by operation of law can be inadvertent.
An act will amount to a surrender if it
constitutes an unequivocal acceptance by both parties that the
tenancy has ended. In the event of a dispute, the court is
looking for circumstances which make it inequitable for the
landlord and tenant to dispute that the tenancy has come to an
end. You were asked whether or not the following scenarios
would constitute a surrender.
Please click here
to read the answers to this topic.
Waiver
The second set of questions dealt with the issue of the waiver
of a landlord's right to forfeit. In the scenario, under the
lease, the rent of £120,000 per annum was payable monthly in
advance on the first day of each month without deduction or
set-off. The forfeiture clause read "If the rent or any
part thereof shall be outstanding for 14 days after becoming due,
whether formally demanded or not, the landlord shall be entitled to
re-enter the Property and thereupon the lease shall absolutely
determine".
You were asked to assume that the rent was
outstanding for July and August and then asked which of the
following will waive the right to forfeit the lease?
Please click here
to read the answers to this topic.
Alienation and consent to underlet or assign
Our third topic dealt with alienation and when it is reasonable
for a landlord to refuse a tenant's application for consent either
to assign or sublet premises.
You were asked to assume that there were no conditions set out
in the lease and then asked which of the following were incidents
of a landlord unreasonably withholding consent.
Please click here
to read the answers to this topic.