Free RICS APC Revision Quiz - Landlord & Tenant

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Question Title

* 1. What is a lease?

Personal right to use a property in a certain way

Grant of a right to exclusive possession of land for a determinable period of time

A tenancy with exclusive possession but not for a term of years certain

Question Title

* 2. What is a licence?

Personal right to use a property in a certain way

Grant of a right to exclusive possession of land for a determinable period of time

A tenancy with exclusive possession but not for a term of years certain

Question Title

* 3. What is the key legal case relating to the lease vs. licence distinction?

Mannai v Eagle Star

Avocet v Merol

Street v Mountford

United Scientific Holdings v Burnley Borough Council

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* 4. What does without prejudice mean?

That the parties do not intend to be legally bound until a formal contract is executed

Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

Can be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

That the parties intend to be legally bound even before a formal contract is executed

That the matter can only be brought before a third party/tribunal/Court on the matter of costs (providing it is a genuine attempt to settle)

Question Title

* 5. What does subject to contract mean?

That the parties do not intend to be legally bound until a formal contract is executed

Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

Can be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

That the parties intend to be legally bound even before a formal contract is executed

That the matter can only be brought before a third party/tribunal/Court on the matter of costs (providing it is a genuine attempt to settle)

Question Title

* 6. What does without prejudice save as to costs mean?

That the parties do not intend to be legally bound until a formal contract is executed

Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

Can be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute

That the parties intend to be legally bound even before a formal contract is executed

That the matter can only be brought before a third party/tribunal/Court on the matter of costs (providing it is a genuine attempt to settle)

Question Title

* 7. How does the valuation basis for a rent review differ from that for a lease renewal?

They are the same

The basis for a lease renewal is prescribed by the 1954 Act, not the lease

The basis for a rent review is prescribed by the 1954 Act, not the lease

Question Title

* 8. What are the differences between an Arbitrator and Expert?

Arbitration is governed by the Arbitration Act 1996, an Expert by the lease

An Expert has a duty of investigation, an Arbitrator acts only on the evidence submitted by the parties (whilst also drawing their attention to matters they may not be aware of)

An Arbitrator has a duty of investigation, an Expert can only act on the evidence submitted by the parties

Both are governed by the Arbitration Act 1996

An Arbitrator must refer to the parties' evidence, submissions aren't always required for Expert Determination

Submissions from the parties are required for both

An Arbitrator always has discretion on costs, an Expert only has power if the lease reserves this

An Expert must always split costs 50:50, an Arbitrator must follow the terms of the lease

There are limited rights of appeal for both

There is no right of appeal for an Expert (although the Court may set aside the Determination in limited circumstances), an Award can be challenged under the 1996 Act

An Arbitrator is not liable for negligence if they acted in good faith, an Expert can be liable in damages for losses sustained through negligence

Both can be liable for damages

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* 9. What are the relevant timescales for a Section 25 or 26 notice?

6 months

12 months

6-12 months

3 months

Question Title

* 10. Under which Section 30 grounds of opposition is compensation for disturbance payable?

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