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RICS/WORK > Leasing And Letting > Flashcards

Leasing And Letting Flashcards

1
Q

Grounds for possession off regulated property

A

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

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2
Q

Parts of a title register

A
  1. Property Register - description/info on property
  2. Proprietorship register - owner
  3. Charges register
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3
Q

Act which introduced tenures. Estate vs tenure

A

Law of Property Act 1925

Estate is extent and duration of ownership

Tenure is terms and conditions of ownership

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4
Q

Main acts for resi let’s

A

Rent Act 1977

Housing Act 1988 and 2004

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5
Q

What is needed S21 notice to be valid

A

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

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6
Q

Types of licensing

A

Selective - all PRS

Additional - smaller hmos (3-4 people)

Mandatory HMOs - 5+ people

At local councils discretion which to implement

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7
Q

What act governs right to rent checks and when does it need to be done

A

Immigration Act 2016

Up to 28 days prior to tenancy commencement

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8
Q

What are the ‘prescribed information’ in ‘how to rent: the checklist for renting’

A

Gas and electric certs
Deposit paperwork
EPC
Smoke alarm/carbon monoxide testing certs

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9
Q

Key H&S guidance for landlords

A

Fitness for human habitation act 2018

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10
Q

What act regulates deposits and what are the key requirements

A

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

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11
Q

Proposed changes under Renter’s Reform Bill/ Renter’s Rights Bill

A

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

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12
Q

How long to protect a tenant’s deposit?

A

30 days

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13
Q

If you don’t protected a deposit what are the outcomes

A

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

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14
Q

What was the tenant fees act 2019

A

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

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15
Q

Penalties for not complying with Tenant Fees Act 2019

A

First offence -£5000 fine

Repeat offence within 5 years - £30000 fine

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16
Q

Maximum deposit under Tenanr Fees Act 2019

A

Rent up to £50k - 5 weeks rent

Rent over £50k - 6 weeks rent

17
Q

Lease vs license

A

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

18
Q

Lease vs license case law

A

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
19
Q

What did Deregulation Act 2015 do

A

Make S21 longer process for landlords

Need to provide:

EPC
Gas cert
EICR
Protect deposits
How to rent checklist

20
Q

What is are ‘implied terms’ of ASTs

A

Landlords to give tenant ‘right to quiet enjoyment’

Tenant - to act as a good tenant should

21
Q

What happens if a tenant leaves behind possessions

A

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

22
Q

If acting as an agent - what are the types of agency? For let’s.

A

Let only

Let and rent collection

Full management

23
Q

How soon must a deposit be returned

A

Within 10 days of agreeing amount to return

24
Q

Assured tenancy grounds for repossession

A

Similar to regs

Under housing act 1988 - mandatory and discretionary grounds

25
Q

Tenancies which aren’t ASTs

A

Pre 1989

Not main residence for tenant

Landlord lives there too

Rent over 100k

Local authority or housing association landlord

26
Q

HA 1988 S21(1)(b) vs S21(4)(a)

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

27
Q

When does a landlord need to use s13 notice

A

To raise rent when no clause in the contract

28
Q

Legal docs for a letting - relevant act and docs

A

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

29
Q

Section 8 notice period

A

Depends on the breach and the ground for possession

30
Q

Types of tenant deposit schemes

A

Custodial - held by 3rd party for entire tenancy

Insurance - landlord holds it but pays a fee to a scheme for insurance against claims

31
Q

Process to legally evict tenant

A

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

32
Q

Blue Book 2017 key ‘musts’ for agents

A

Understand customer protection

Do not engage in unfair practice

Ensure data held in line with DPA

Do not discriminate

33
Q

What act introduced landlord licensing and what categories are resi

A

Town and Country Planning (Use Class) Order 1987

Resi - C

34
Q

What did Consumer Right’s Act 2015 make lettings agents do?

A

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

35
Q

Penalties for not having HMO

A

Housing and Planning Act 2016

Civil penalty - £30000 fine

Rent Repayment Orders

RICS/WORK (19 decks)

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