Leasing And Letting Flashcards
Grounds for possession off regulated property
Section 15 rent act 1977
Court order - mandatory or discretionary
Mandatory = court must grant possession - e.g. landlord needs home to live in, landlord intends to retire to property, landlord was part of armed forces when property let
Discretionary = landlord must evidence/prove court to grant possession. E.g. rent arrears, breached contract, nuisance, damage, illegal activity,etc
Parts of a title register
- Property Register - description/info on property
- Proprietorship register - owner
- Charges register
Act which introduced tenures. Estate vs tenure
Law of Property Act 1925
Estate is extent and duration of ownership
Tenure is terms and conditions of ownership
Main acts for resi let’s
Rent Act 1977
Housing Act 1988 and 2004
What is needed S21 notice to be valid
2 months notice, not before 6 month fixed term
In writing on 6a Notice Form
Include deposit info
Tenant to have received on move in: EPC, gas and electric certs, how to rent: checklist for renting
Types of licensing
Selective - all PRS
Additional - smaller hmos (3-4 people)
Mandatory HMOs - 5+ people
At local councils discretion which to implement
What act governs right to rent checks and when does it need to be done
Immigration Act 2016
Up to 28 days prior to tenancy commencement
What are the ‘prescribed information’ in ‘how to rent: the checklist for renting’
Gas and electric certs
Deposit paperwork
EPC
Smoke alarm/carbon monoxide testing certs
Key H&S guidance for landlords
Fitness for human habitation act 2018
What act regulates deposits and what are the key requirements
Housing Act 2004
- landlords duty to protect deposits
- deposits returned to tenants 10 days after deductions Agee’s
- cannot unreasonably deduct
Grainger use ‘Tenancy Deposit Scheme’
Others: Deposit Protection Scheme, My Deposits Insurance
Proposed changes under Renter’s Reform Bill/ Renter’s Rights Bill
Currently in commons 2nd reading stage
Remove S21 No Fault Evictions
Allow tenant to appeal excessive rent increases - prevent ‘back door eviction’ by excessive rent increases
Pets more difficult to ban
End bidding wars for let’s
New Ombudsman for tenant complaints
Set up PRS database - landlord must register to enjoy certain possession grounds
Introduced new ‘Decent Homes Standard’
Discriminating on parental or benefits grounds will be illegal
Make rent repayment orders tougher - doubling the max penalties
How long to protect a tenant’s deposit?
30 days
If you don’t protected a deposit what are the outcomes
Can’t serve S21
Might have to repay deposit to tenant
If ordered to repay tenants, but don’t do so within 14 days then a court might order you to pay back up to 3 times their deposit amount
What was the tenant fees act 2019
Set limits for what fees landlords could charge - generally, rent and the deposits (holding and tenancy) . Some other fees are allowed such as breach of contract or surrender of tenancy fees - e.g. change of tenancy, lost keys, late rent (3% plus BofE base rate when more than 2 weeks late)
Also capped holding deposits to one week’s rent
Capped tenancy deposits to 5 weeks rent
Penalties for not complying with Tenant Fees Act 2019
First offence -£5000 fine
Repeat offence within 5 years - £30000 fine
Maximum deposit under Tenanr Fees Act 2019
Rent up to £50k - 5 weeks rent
Rent over £50k - 6 weeks rent
Lease vs license
Lease = transfers exclusive interest in a property between a landlord and a tenant
Licence = grants permission to use a property for a specific purpose, without transferring any ownership
Lease vs license case law
Street vs Mountford 1984
- there was an agreed rent and term for exclusive possession of a given area therefore a lease/tenancy
- therefore Mountford was a tenant and protected under the Rent Act 1977
What did Deregulation Act 2015 do
Make S21 longer process for landlords
Need to provide:
EPC
Gas cert
EICR
Protect deposits
How to rent checklist
What is are ‘implied terms’ of ASTs
Landlords to give tenant ‘right to quiet enjoyment’
Tenant - to act as a good tenant should
What happens if a tenant leaves behind possessions
Tort Act 1977 - cannot dispose of immediately and endeavour to notify the tenant that they will dispose of their possessions
They have 21 days notice to collect their possessions
If acting as an agent - what are the types of agency? For let’s.
Let only
Let and rent collection
Full management
How soon must a deposit be returned
Within 10 days of agreeing amount to return
Assured tenancy grounds for repossession
Similar to regs
Under housing act 1988 - mandatory and discretionary grounds
Tenancies which aren’t ASTs
Pre 1989
Not main residence for tenant
Landlord lives there too
Rent over 100k
Local authority or housing association landlord
HA 1988 S21(1)(b) vs S21(4)(a)
S21(1)(b) - 2 months notice any time after fixed term ends
S21(4)(a) - for periodic rolling - at least 2 months notice or match rolling period. End date must be on final day of a period
When does a landlord need to use s13 notice
To raise rent when no clause in the contract
Legal docs for a letting - relevant act and docs
Acts - HA 2004 and Deregulation Act 2015
EPC
Gas safety feet
Electrical safety cert
Smoke or carbon monoxide info
AST
Deposit info
How to rent
Right to rent check
Inventory
Section 8 notice period
Depends on the breach and the ground for possession
Types of tenant deposit schemes
Custodial - held by 3rd party for entire tenancy
Insurance - landlord holds it but pays a fee to a scheme for insurance against claims
Process to legally evict tenant
Dependent on type refer to the legislation - RA Schedule 15, HA s8 or S21
Review reason
Serve notice
If tenant doesn’t leave go to court for repossession order
Document for auditing
Blue Book 2017 key ‘musts’ for agents
Understand customer protection
Do not engage in unfair practice
Ensure data held in line with DPA
Do not discriminate
What act introduced landlord licensing and what categories are resi
Town and Country Planning (Use Class) Order 1987
Resi - C
What did Consumer Right’s Act 2015 make lettings agents do?
Agents must clearly display their fees for letting and managing on their website
Agents must also publish their client money handling procedure if they hold client money
Penalties for not having HMO
Housing and Planning Act 2016
Civil penalty - £30000 fine
Rent Repayment Orders
