Landlord and Tenant - Level 3 Flashcards
What are the key changes in Commonhold and Leasehold Reform Act 2002?
- Gives leaseholders the right to acquire the Right to Manage
Give an example of when statute can override contract law?
.
Define a convenant
A provision or promise made by a party to a lease or deed.
What is the case of OM Property Management Ltd Vs Burr 2013?
Mr Burr said he was not liable to pay the gas charges as the demand hadnt been collected, within 18 months of cost being incurred (2000-2007). But he was liable to pay because the demand had been issued within 18 month of the incurred cost being notified (receving invoice in 2007).
Define a statutory instrument
Forms of legislation which allow provisions of an Act to be brought into force or altered without a new act being passed.
What is Section 27(a) LTA 1985?
Allows for leaseholders and landlords to apply to the FTT to determine whether service charge is payable and who is liable. E.g. demand without name and address of landlord is a breach of Section 47 of LTA 1987, thus demands were invalid so not yet payable.
What is Section 42 and 42(a) LTA 1987?
tenants of two or more dwellings may be required to pay service charges and (a) service charge must be held in a designated account
What may a lease say in relation to accounting?
It will determine the process that is to be followed;
- Independent chartered accountant
- certified accounts
- minimum standards for SC YE Accounts are set out in TECH 03/11
What is TECH 03/11?
Guidance issued jointly by RICS, ARMA and ICAEW on accounting and reporting in relation to SC accounts relased by the Institute of Chartered Accountants England and Wales.
How can case law vary Section 20(b) LTA 1985?
OM Property Management Vs Burr - 18 months from when the costs are incurred - not works done but invoice received.
What is the LTA process?
- LH provides application; Scope and plans
- LL appoints professional team and fees are agreed.
- BS carries out inspection and produces report to advise LL
- LL and LH agree final approved plans and licence
- Parties sign the licence and works can commence.
- There are 2 further inspections by the BS and he will sign the works off at the end.
What is a mutual enforceability clause?
A mechanism in a lease which allows a tenant to enforce lease convenants on other tenants in the building, via the landlord.
What is an absolute covenant?
A covenant is a lease with bans/prohibits a party from doing something.
What is the case of Duval Vs 11-13 Randolph Crescent Ltd 2020 and how does it affect LTAs?
- There was an absolute covenant and MEC in a lease. A LH gained permission from the landlord to carry out works, which created waste and breached an absolutely covenant. The MEC allowed another LH to get the LL to enforce the absolute covenant. Affects LTAs e.g. flooring.
What is the procedure you advised leaseholders to follow to ensure adequate sound proofing was laid?
- Testing 2. Design Criteria by competent acoustic specialist 3. testing
What is an example of a user covenant?
‘for use for the occupation of one family’ / ‘for the use as a private residence’
How does Airbnb invalidate building insurance?
The policy may not cover damage caused by rentals.
What is the case of Nemcova Vs Fairfield Rents 2016?
- AirBnB ruling
- lease said ‘for any purpose whatsoever other than as a private residence’
- breach of covenant
When can you serve a Notice of Breach S146 Notice?
Under Commonhold and Leasehold Reform 2002 Act,
- breach has been agreed/admitted by tenant
- the breach has been ‘finally determined’ by the FTT - not appealed.
What has Commonhold and Leasehold Reform Act 2002 amended?
- Leasehold Reform 1967
2. Leasehold Reform, Housing and Urban Development Act 1993
What is forfeiture?
Granting back to the landlord the right to re-enter. It is not legal to forfeit a lease without going through the court.
When cant a landlord serve a Section 146 notice?
when a leaseholder has breached for non-payment, unless a) over £350 and b) unpaid for 3 years.
What has to happen before a 146 notice is served?
- breach has been agreed/admitted by tenant
2. the breach has been ‘finally determined’ by the FTT - not appealed.
For the Hempel Collection AirBnB case, did you serve a Section 146 Notice?
No, the leaseholder remedied the breach is a reasonable length of time and cant serve a notice unless;
- breach has been agreed/admitted by tenant
- the breach has been ‘finally determined’ by the FTT - not appealed.
was the leaseholder granted permission to lay wooden flooring?
yes because the lease stated that regulations could be altered if necessary? And the covenant to comply with regulations in the lease stated the landlord could modify or waive the regulaitons in their absolute discretion
What is the Act that MEES Regulations come under?
The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015.
What is MEES?
Minimum Level of Energy Efficiency Standards - came into effect on 1 April 2018 to regulate the letting of private residential and commerical properties and restick landlord from letting properties with substandard energy efficiencies.
What are the penalties that landlord would receive if the property was not up to standard?
The local authority can fine up to £5,000 per property
What is the minimum rating and from when?
Rating of E and from 1st April 2018 for new tenancies and 1st April 2020 for existing tenancies
What Act ensures properties are fit for living?
The Homes (Fitness for Human Habitation) 2018 - came into effect on 20th March 2019. Amends the existing LTA 1985 It introduces implied covenants into tenacies to ensure the property it fit to live in.
What tenancies does the Homes (Fitness for Human Habitation) not apply to?
- leases for seven years or longer
- licences
- agricultural tenancies
What kind of licences may a landlord need to hold to let their property?
HMO - mandatory licence under Section 254 Housing Act 2004.
What is the Heat Network (Metering and Billing) Regulations 2014?
Introduced in November 2014 to govern energy efficiency. It relates to the use of communal heating systems
How do you vet a contractor?
- SafeContractor
- Check of solvency
- assuance that they have the necessary skills and qualifications
- Customer references, bank references, certificates e.g. GasSafe and copies of employer’s liaiblity and 3rd party insurance cover.
What is Section 22 LTA 1987?
Application (by tenant) to appoint a managing agent
What is Section 22 LTA 1987 involve?
Tenant serves notice on their landlord prior to applying to the FTT to determine the appointment of a manager. The notice will includes the grounds on why the tenant wishes to serve the notice.