Landlord & Tenant (Resi & Comm) Flashcards
Are you aware of any changes to EPC & MEES Regulations?
- 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.
How would you collect Rent on behalf of Landlord?
- 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.
What case law relates to the difference between a lease and licence?
Street v Mountford 1985
What legislation sets out the repairing obligations for an AST?
Requirements of Landlord & Tenants -
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”
What documentation does the Landlord need to provide the tenant with, in order for a s21 notice to be valid?
- EPC Certificate
- Gas Safety Certificate (if applicable)
- How to rent guide
- Written confirmation that their deposit has been put in a Government approved scheme
What are the LL’s responsibilities when letting out a property?
- 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).
How can a landlord contract out of a Landlord and Tenant 1954 Act Tenancy?
- 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 +).
What is the Rent Act 1977?
- Fair rent.
- LL cannot evict unless obtained possession order from court.
- Security of tenure.
- Surviving spouse can succeed.
- Let before 15th Jan 1989.
What is an EICR?
What is the penalty for not having one?
When were they introduced?
- Electrical Installation Condition Report (EICR)
- Up to £30,000
- 1st April 2020
How often should Gas Safety checks be carried out?
- Every 12 months
- Tenant provided with certificate within 28 days
What are up and coming EPC Requirements for letting a Commercial Building?
- Minimum rating of E or above for existing leases (1st April 2023)
What checks do you need to carry out before proceeding with a tenant?
- 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
What is the “How to rent guide?”
- Guide that helps LLs and Tenants understanding their rights and responsibilities.
What is the Landlord & Tenant Act 1954?
- 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).
What is an Assured Shorthold Tenancy?
- 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.
