Solicitors Qualifying Examination (SQE) Practice Exa\

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When is a notice for breach of disrepair in a property issued?

  1. When alleged verbally by the tenant

  2. When the tenant has admitted the breach

  3. When the landlord suspects a breach

  4. When there is tenant's refusal to pay

The correct answer is: When the tenant has admitted the breach

A notice for breach of disrepair in a property is issued primarily when the tenant has admitted to the breach. This admission serves as a clear acknowledgment by the tenant that there is an issue with the property that needs addressing. The purpose of the notice is to formally communicate the landlord's awareness of the breach and to set the stage for remedial action or to inform the tenant of their responsibilities. In situations where the breach is alleged verbally, without any admission from the tenant, a notice may not be appropriate as it lacks the necessary confirmation of the situation. If a landlord merely suspects a breach, issuing a notice without concrete evidence or admission would be premature and legally questionable. Similarly, a tenant's refusal to pay is relevant in different contexts, such as rent arrears, but does not directly pertain to disrepair issues unless it stems from dissatisfaction with the property conditions. Therefore, the correct circumstances for issuing a notice for a breach of disrepair are when there is a clear admission from the tenant regarding the condition of the property.