Landlord and Tenant Level 2 and 3

Question 1

Tell me about an instance of when you have reflected market conditions on rental value.

Answer 1

In the last 2 years rental figures have increased. I have used this information and applied it to new/vacant properties on which I let out.

Question 2

How do you collate, analyse and adjust comparable evidence? What is the hierarchy of evidence?

Answer 2

The hierarchy of evidence is the order of comparable evidence e.g., direct comparables to other sources. I collate and analyse data from transactional evidence such a right move and adjust characteristics accordingly.

Question 3

Tell me about a landlord & tenant negotiation you have been involved with.

Answer 3

Recently a tenant asked if they could recarpet a section of the property at their own expense. I asked the landlord who permitted the tenant.

Question 4

Talk me through when you have read a lease to establish the extent of your client’s demise.

Answer 4

After referencing a tenant and setting up a lease I ensure that the lease matches the tenantÕs profile e.g., number of occupants/are the dependent?

Question 5

What do you look for on a lease plan?

Answer 5

Boundaries, rights of ways, communal areas etc.

Question 6

How have you read and interpreted a complex lease?

Answer 6

When reading a lease it is important to understand the terms including property details, deposit, rent, fees, maintenance, policy etc.

Question 7

Tell me about the impact of a service charge clause on both landlord and tenant from your experience.

Answer 7

Service charges can often lead to disputes between landlords and tenants. Disputes can arise from obligation to service charges and the charges on a service charge which can vary without limit.

Question 8

Tell me about when you have prepared, served and responded to notices.

Answer 8

When serving a section 21 notice. I make sure that the tenant has had all the relevant information/documentation. Following this I serve the notice in the correct time frame with the relevant 6A form.

Question 9

Tell me about negotiations you have dealt with and advised upon.

Answer 9

The tenant wanted a pet for Barnfield Street. I negotiated with the landlord and tenant to allow the dog with maximum deposit taken with a pet consent letter.

Question 10

When have you instructed legal advisors in a landlord & tenant matter?

Answer 10

When applying for a court order to evict a tenant.

Question 11

Property Management: Were there any time limits set for compliance with the changed regulations on domestic smoke and carbon monoxide alarms within rented properties.

Answer 11

23 November 2021. The government has extended the rules for domestic smoke and carbon monoxide alarms. They are mandatory and Co2 alarms must be in rooms with a fixed combustion appliance and any heating appliance.

Question 12

Property Management: How did you organise for the inspection and testing of the alarms? If the landlord failed to meet the requirements would any liability fall on the managing agent?

Answer 12

I checked the inventories for the properties and emailed the tenants to organise the testing/upgrading. No the agent would not be liable because he has informed the landlord and it is his property.

Question 13

Barnfield : What type of tenancy was being considered? Tell me about the amendments to the lease

Answer 13

It was a AST and I made amendment to the lease to allow a dog and took the max deposit possible

Question 14

Barnfield : Tell me how you implemented the maximum deposit possible with TDS to comply with the Tenant Tenant Fees Act 2019.

Answer 14

I took a security deposit of 5 weeks rent with a pet consent form/agreement to ensure the landlord was protected.

Question 15

Barnfield : How did you cover the risk of potential dog related damage at the end of the lease?

Answer 15

Having a signed copy of the pet consent/agreement and regular/upto date inventories to ensure property was not damage.

Question 16

Arkholme : If the tenant had not gone back for the abandoned items and to clean the property, what action would have been available to the landlord?

Answer 16

Issue a notice requiring collection and a notice of intention to sell goods with 28 daysÕ notice. Seek evidence and confirm the goods have been abandoned and evidence it is reasonable to dispose of the goods. The landlord should keep goods for 3 months before selling to offset reasonable costs.

Question 17

Arkholme: In explaining the situation to the Diocese why did you advise contacting the tenant to address the issues?

Answer 17

Simplest approach. The easiest way is deal with a dispute is to have effective negotiation.

Question 18

Arkholme: Did you advise the landlord on all possible courses of action?

Answer 18

Yes I advised the landlord that there were several options available to deal with the situation. The easiest being negotiation with the tenant or deducting a fee from the tenantÕs deposit.

Question 19

Tell me about when and why you have served a Calderbank offer or other offer to settle.

Answer 19

I have never had to serve a Calder bank offer or offer to settle. It would be used to avoid a dispute/litigation

Question 20

How could MEES impact upon your advice on a landlord & tenant case?

Answer 20

MEES can impact a lease because landlords need an E or above to let out their property.

Question 21

Chauntry : Why did you consider serving a Section 8 notice was the worst-case scenario?

Answer 21

For the landlord to regain possession of the property due to a breach in the lease.

Question 22

Chauntry: What advice did you give the landlord, and why, regarding the benefits of the temporary rent deferral followed by a repayment plan for the arrears?

Answer 22

I advised that a repayment plan was the best option for the landlord and tenant relationship. Given the circumstance s of the tenant and the tenants history this approach was the most reasonable approach.