Landlord & Tenant (Resi & Comm)

Question 1

Are you aware of any changes to EPC & MEES Regulations?

Answer 1

• Under consultation that the minimum energy standard will be raised to ‘C’ for new tenancies as of 2025 and all existing tenancies in 2028.
• The current standard is ‘E’ or above – with a spending cap of £3,500 for improvements. It is proposed that the spending cap will be increased to £10,000 per property.

Question 2

How would you collect Rent on behalf of Landlord?

Answer 2

• Invoice the Tenant prior to the Rent Day on the 1st each month.
• Notify our accounts department and provide necessary details so they can easily reconcile the payment.
• Upon confirmation of cleared funds in our client account, I would send an invoice or written statement to the Landlord unless I have written authorisation for deduction of agreed fees without prior notification.
• Ensure sufficient funds in client account before paying out client.

Question 3

What case law relates to the difference between a lease and licence?

Answer 3

Street v Mountford 1985

Question 4

What legislation sets out the repairing obligations for an AST?
Requirements of Landlord & Tenants -

Answer 4

s11 of the L&T Act 1985
LL (2 fundamental repair and maintenance requirements) = structure and exterior of the building (inc roof tiles, gutters, drains and pipes).& installations for water, gas and electricity.
Tenant = “duty to use the premises in a tenant-like manner”

Question 5

What documentation does the Landlord need to provide the tenant with, in order for a s21 notice to be valid?

Answer 5

• EPC Certificate
• Gas Safety Certificate (if applicable)
• How to rent guide
• Written confirmation that their deposit has been put in a Government approved scheme

Question 6

What are the LL’s responsibilities when letting out a property?

Answer 6

• Fitting & testing smoke alarms and carbon monoxide alarms.
• Having property tested for electrical safety every 5 years (Electrical Installation Condition Report (EICR))
• Legionella risk assessment (not a legal requirement).

Question 7

How can a landlord contract out of a Landlord and Tenant 1954 Act Tenancy?

Answer 7

• The landlord must serve a ‘warning notice’ on the tenant, explaining that security of tenure will not apply. (s24-28)
• The tenant then makes a formal declaration confirming that they have read and understood the warning notice.
• If the lease is completed within 14 days of the landlord’s warning notice, it must be sworn as a statutory declaration (signed and witness by an independent solicitor)
• Otherwise, it can be in the form of a simple declaration (14 days +).

Question 8

What is the Rent Act 1977?

Answer 8

• Fair rent.
• LL cannot evict unless obtained possession order from court.
• Security of tenure.
• Surviving spouse can succeed.
• Let before 15th Jan 1989.

Question 9

What is an EICR?
What is the penalty for not having one?
When were they introduced?

Answer 9

• Electrical Installation Condition Report (EICR)
• Up to £30,000
• 1st April 2020

Question 10

How often should Gas Safety checks be carried out?

Answer 10

• Every 12 months
• Tenant provided with certificate within 28 days

Question 11

What are up and coming EPC Requirements for letting a Commercial Building?

Answer 11

• Minimum rating of E or above for existing leases (1st April 2023)

Question 12

What checks do you need to carry out before proceeding with a tenant?

Answer 12

• Anti-Money Laundering checks (AML) (Identity & proof of address)
• Credit Checks (prove they have sufficient funds)
• Right to rent checks (prove they can live in UK)
• References

Question 13

What is the “How to rent guide?”

Answer 13

• Guide that helps LLs and Tenants understanding their rights and responsibilities.

Question 14

What is the Landlord & Tenant Act 1954?

Answer 14

• The Act governs the relationship between landlords and tenants of business premises.
• Provides security of tenure to tenants.
• Can contract out of security provisions (s24-28).

Question 15

What is an Assured Shorthold Tenancy?

Answer 15

• Governed by the Housing Act 1988 as amended by the Housing Act 1996.
• Housing Act 1996 = After 28th February 1997 - no S20 to ensure AST.
• No security of tenure.
• Market rent.

Question 16

Are you aware of any upcoming changes to Housing Law in Wales?

Answer 16

• Renting Homes for Wales Act 2016
• From 1st December 2022 all ASTs will be abolished and replaced by “occupational contracts”.
• Tenants will be known as “contract holders”.
• Legal requirement to have a written agreement.
• All s8 & 21 notices will be abolished and replaced with something similar.
• Minimum 6 months notice after tenant in situ 6 months (effectively initial 1 year term)

Question 17

How much of a deposit can you take?
When should a deposit be returned?
What happens is a dispute arises over the deposit?

Answer 17

• Capped at 5 weeks (annual rent of £50k or less)
• Within 10 days of tenancy ending
• Most government approved schemes have a free dispute resolution service

Question 18

How can you bring an AST to an end?

Answer 18

• s21 notice; 2 months notice (during periodic or after a fixed term tenancy ends)
• s8 notice (if tenant has broken terms of the tenancy)

Question 19

What is an Assured Tenancy?

Answer 19

• Governed by the Housing Act 1988.
• Provides security of tenure.
• Succession rights for spouse.
• Open Market rent.
• Created between 15th Jan 1989 and 28 Feb 1997.
• Serve s20 to become AST.

Question 20

What legislation introduced Rent Smart Wales & when?

Answer 20

• Housing (Wales) Act 2014
• November 2015

Question 21

What legislation is being introduced on 1st December 2022?

Answer 21

Renting Homes (Wales) Act 2016

Question 22

What notice will replace a s21 notice under the Renting Homes (Wales) Act 2p16?