Scenario 1

Who may Mr Ash seek the arrears of rent from and what steps must he take or have taken beforehand?  What may be the consequences of such action?

Who may XYZ seek Mr Cherry’s arrears of rent from and what steps must be taken beforehand, if any?  What may be the consequences of such action?

Scenario 2

• Set out the legal principles from the cases which govern the issue of whether the roof should be replaced or patched-up, and
• Explain why XYZ may have a case for claiming that no damages are due for the internal dilapidations.

Scenario 3

Explain the ‘presumption of reality’ in rent review and then explain the likely effect of the following phrase in the rent review clause on the rent to be determined for Engineers 4U on the first review (in 2006) paying particular attention to the words in brackets:

‘being on the same terms and conditions (other than the amount of rent and the user covenant and excluding the provisions of this present clause relating to rent review) as this present demise’

Note that in answering this question it is important to identify the length of the notional lease.

(For the purposes of this question it is irrelevant whether the 2006 review has taken place or not and you are not required to write about whether it is too late to initiate that review and backdate the increase.)

Submission Details

Your analysis of these issues should be in a report of no more than 3000 words in length.  Relevant cases and statutes must be cited.  The report must be submitted via Turnitin by noon on May 1^st.  The usual departmental rules regarding late submission apply (see the Postgraduate Student Handbook for details).

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