Case Study

Question 1

What is CDM?

Answer 1

Construction (Design and Management) Regulations 2015.
Aims to improve health and safety in construction so that risks are managed from the start of the project, ensure you have the right skilled people, coordinate work with others involved and ensure the correct information is circulated between all.

Question 2

What was your role as principal designer?

Answer 2

My role was to plan, manage and monitor health and safety within the pre-construction phase.
Compiled the pre-construction information
I ensured any foreseeable risks were eliminated if possible, but where that wasn’t possible I instructed steps to be taken to reduce or control them.
Was principal liaison between all parties, ensuring everyone understood the pre-construction phase.

Question 3

Do you think that you had the relevant skills and experience to be the principal designer?

Answer 3

My firm took on the role of principal designer in this instance as the refurbishment was similar to what had been completed on many properties prior, with the same contractors. Should the construction work had involved more extensive structural works, a building surveyor would have been bought in to draw up the specifications and inputted more into the H&S aspect.

Question 4

What was the role of your principal contractor?

Answer 4

He was in control of the construction phase and prepared a construction phase plan and site rules for workers to adhere to. Liasson between him and myself was almost daily throughout the project to ensure any unforeseen issues could be addressed immediately. He was also in charge of preventing any unauthorised access.

Question 5

How did building regulations apply to this project?

Answer 5

I understand that if you use contractors who are on the competent persons register, or electrical competent person register, you do not need to register for building regs. They provide a certificate of completion, which can be used as evidence should building regs ask.

Question 6

Where there any other ways of terminating the original tenancy?

Answer 6

Yes, i could have served a s21 notice, or merely an implied surrender triggered by the grant of a new tenancy.

Question 7

What is a Deed?

Answer 7

A Deed is a written formal document that confirms agreement between parties whereby an interest, right or property, or a binding obligation is created or confirmed.

Question 8

What is the difference between a Deed and a contract?

Answer 8

• a deed must be written, whereas a contract can be verbal
• a deed doesn’t require any consideration (something in return)
• a deed has a statutory limitation period of 12 years, a contract has 6
• a deed must state the intention to be a deed
• signatures must be witnessed for a deed
• certain transactions must be a deed (transfer of property)
• a deed must be completed by a solicitor / lawyer, except if it is an FBT, when it can be completed by FAAV

Question 9

What do you mean by a statutory limitation period?

Answer 9

The length of time in which a civil or criminal case can be brought to legal proceedings.
Limitation Act 1980

Question 10

Can you tell me what was written into the Deed of Surrender?

Answer 10

Statement of intent to be a deed
Date of deed
Parties (tenant and landlord)
Property
Tenancy start date
Statement of surrender
Signature space, with date and witnesses

Question 11

Why should you use as solicitor to execute a deed?

Answer 11

As under the Legal Services Act 2007, only authorised professionals are permitted to prepare deeds (solicitors). The only case in which a surveyor can prepare a deed is when it is an FBT and they are FAAV

Question 12

Are there any things you need before instructing a solicitor on a clients behalf?

Answer 12

It is within our ToE’s with the client that we can instruct when instructed. Also, authority to act in place for us, between the client and the solicitors.

Question 13

You talk about s21, can you explain how you serve a s21?

Answer 13

Complete a Form 6A
Give 2 months notice
Complete an N215 form
Take that to the courts if tenant does not vacate.

Question 14

In what instance would a s21 notice not be valid?

Answer 14

• if incorrectly drawn up
• if inadequately served
• where the tenant has made a complaint about the landlord
• if the deposit was not protected if the tenancy commenced after April 2007
• unpermitted payments have been charged and not returned under the Tenant Fees Act 2019
• if no EPC, How to rent guide and Gas Safety certificate has been provided (Deregulation Act 2019)

Question 15

Can you give me an example of a C1?

Answer 15

Broken plug socket or exposed electrical parts

Question 16

Can you give me an example of a C2?

Answer 16

Worn or damaged insulation, incorrect fuse ratings

Question 17

Can you give me an example of a C3?

Answer 17

Could be the location of a plug socket which may cause damage or outdated wiring that poses no immediate threat to danger

Question 18

What is investment appraisal?

Answer 18

Used to determine whether a business or project would generate the required levels of return and be considered financially viable.

Question 19

What is the difference between a repair and improvements?

Answer 19

Repair is maintaining and keeping an asset in a good condition, whereas improvement is adding value.

Question 20

If the tenancy had been a different type of tenancy, would your advise to the client have been different?

Answer 20

Yes, so if it had been a Rent Act tenancy, i would have highlighted the drawbacks of this.

Question 21

If someone succeeds a Rent Act tenancy, what tenancy do they have?

Answer 21

Assured Tenancy - so they do pay Market Rent, but have security of tenure.

Question 22

If the tenancy had commenced in 1994, would it have still been a AST?

Answer 22

It would have likely been a AT, so still MR but can’t serve a s21 and there is a possibility for one succession.

Question 23

If the tenancy had been an AT, and a succession was available, what would that succession tenancy be?

Answer 23

Also an AT.