Leasing And Letting

Question 1

Grounds for possession off regulated property

Answer 1

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

Question 2

Parts of a title register

Answer 2

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

Question 3

Act which introduced tenures. Estate vs tenure

Answer 3

Law of Property Act 1925

Estate is extent and duration of ownership

Tenure is terms and conditions of ownership

Question 4

Main acts for resi let’s

Answer 4

Rent Act 1977

Housing Act 1988 and 2004

Question 5

3 main types of tenancy

Answer 5

1 - AST

2- Assured

3 - Regulated

Question 6

What is needed S21 notice to be valid

Answer 6

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

Question 7

Types of licensing

Answer 7

Selective - all PRS

Additional - smaller hmos (3-4 people)

Mandatory HMOs - 5+ people

At local councils discretion which to implement

Question 8

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

Answer 8

Immigration Act 2016

Up to 28 days prior to tenancy commencement

Question 9

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

Answer 9

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

Question 10

Key H&S guidance for landlords

Answer 10

Fitness for human habitation act 2018

Question 11

What act regulates deposits and what are the key requirements

Answer 11

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

Question 12

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

Answer 12

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

Question 13

ASTs legal notice for vacant possession

Answer 13

Section 8 notice - e.g. rent arrears

Question 14

How long must you protect a tenant’s deposit?

Answer 14

30 days

Question 15

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

Answer 15

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

Question 16

Who is exempt from right to rent checks

Answer 16

Children under 18

If a guest (ie not main residence)

Question 17

What was the tenant fees act 2019

Answer 17

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

Question 18

Penalties for not complying with Tenant Fees Act 2019

Answer 18

First offence -£5000 fine

Repeat offence within 5 years - £30000 fine

Question 19

Maximum deposit under Tenanr Fees Act 2019

Answer 19

Rent up to £50k - 5 weeks rent

Rent over £50k - 6 weeks rent

Question 20

Lease vs license

Answer 20

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

Question 21

Lease vs license case law

Answer 21

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

Question 22

What did Deregulation Act 2015 do

Answer 22

Make S21 longer process for landlords

Need to provide:

EPC
Gas cert
EICR
Protect deposits
How to rent checklist