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TheBusiness TheKnowledge Landlord and Tenant legal questions 1.


The landlord of a property to let advertises the


property at a rent of £950 per month. In contract law the rent of £950 per month is known as: A. An off er B. A counter off er C. An invitation to treat D. A conditional off er


cliff top property to a tenant at a rent of £1,000 per month. The tenancy agreement was to start two weeks after the contract was signed. One week before the contract was to start a violent storm caused a collapse of the cliff and the property fell into the sea. This means: A. The landlord is committed to fi nding the tenant alternative suitable accommodation for the duration of the lease


2.


B. The tenant can sue the landlord for the diff erence in cost if they fi nd an alternative similar property but at a higher rent


C. The landlord should off er alternative accommodation at the landlord’s expense until the tenant fi nds another suitable property


D. The contract between the landlord and the tenant ended when the property fell into the sea


3.


A landlord and a tenant have agreed a fi xed term


1. Where goods or services are advertised at a price, the price advertised is not an off er but an invitation to treat, so answer C is correct. The off er comes from the person buying the goods or services. A counter off er would be made by the provider of the goods or services where an off er is made but rejected by them and a further suggestion (a counter off er) is made to try and seal a deal. A conditional off er would be one with conditions attached. In contract law both off ers and acceptances of the off er need to be unconditional


2. Contracts can end in a variety of ways, one way being by a process called frustration. An example of frustration would be the position described in the question. The subject of the contract, the cliff top property, no longer exists. This is through no


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‘Who is liable for what’, is always a tricky question.


tenancy lasting four years. Such a tenancy agreement: A. Must be made in the form of a deed


B. Can be oral and still be a legal agreement


C. Needs to be made subject to contract


D. Cannot be an assured short hold tenancy


fault of the landlord or the tenant. The cliff collapse was an act of nature. In such instances the contract between them will automatically end through frustration so answer D is correct.


3. The Law of Property Act 1925 requires land and property transactions (i.e. sales or lettings) to be made by deed except for leases of three years or less. As this lease is for four years it must be made by deed so answer A is correct. If it was made orally it would not be enforceable as a legal lease. Assured short hold tenancies can be for any length and during negotiations for a lease things will be done subject to contract, but once agreed, a four year lease must be made by deed


4. In this situation it would be expected that there would be warning


4.


Your letting agency offi ces are in an old period listed


building which you rent. Your fi nancial services department occupies an offi ce on the fi rst fl oor accessed by a winding staircase with low headroom. Usually a member of the fi nancial services team sees potential clients in the ground fl oor


signs of the low headroom and the person taking the member of the public upstairs would also warn them of the low headroom. This does not appear to have happened. If the person injured sued it would be the occupier who is responsible for the safety of anyone using the property. The person taking the member of the public upstairs would have been negligent for not giving a warning and the letting agency would be equally negligent, as the occupier of the building, for not providing warning signs. The member of the public could sue both the agency and the member of staff so answer D is correct


5. This situation is slightly diff erent from the last question, where an employee of the agency was negligent and both the staff member and the agency were liable. Here the agency


A landlord entered into a binding contract to let a


offi ces. One day when all the ground fl oor offi ces are occupied a member of staff takes a tall member of the public up the stairs to the fi nancial services department. While climbing the stairs the member of the public gashes their head on the low staircase and is threatening to sue. The member of staff did not warn them of the low headroom nor are there any warning signs. Who would be liable if the person sued? A. The landlord of the property B. Only the member of staff taking the person upstairs


C. Only the owner of the letting agency


D. The member of staff and the letting agency


5.


A tenant has complained about disrepair at a


property you manage for a landlord client. You gained authority from the landlord to send in one of the contractors you use to undertake repairs on your client’s behalf. While doing the repair work the contractor accidentally knocked over and broke the tenant’s expensive vase. Who will be liable for the cost of replacing the vase? A. The landlord B. The contractor C. The letting and management agency


D. The member of the agency staff who appointed the contractor


ANSWERS FROM THE LAST QUIZ (JUNE ISSUE) LAND LAW QUESTIONS Correct Answers 1 C, 2 D, 3 A, 4 D, 5 B


has used an independent contractor and so can have no vicarious liability for what the contractor has done, so the contractor would be the one liable for the damage and answer B would be correct.


Answers published next month.


These questions are provided as examples by MOL the specialist distance and blended learning division at The Manchester College. MOL provide learning materials for the NFoPP technical awards and provide VLE support for learners wanting additional support.


T: 0161 203 2103 W: www.MOLtraining.co.uk. ●


TheNegotiator ● July 2012 ● 39


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