Leasing and Letting Flashcards
What mandatory documents should be served with an AST?
- How to rent guide
- Gas safety certificate (if applicable)
- Valid EPC
- EICR certificate
- Prescribed information
Can Landlords accept a pet rent?
Yes, up to £10 a month
What legislation introduced right to rent checks?
Immigration Act 2014
When does a lease need to be drafted by a solicitor?
Another over three years must be executed as a deed and drafted by a solicitor. Unless FAAV/MRICS until 7 years.
What are landlords requirements for legionnaires disease.
Under the Control of Substances Hazardous to Human Health Regulations 2002, Landlords must not let water stagnate and will need to flush the system before letting.
What are compulsory safety checks for a property?
- Gas Safety Check
- Asbestos management
- Electrical safety checks (5 yearly)
- Smoke and CO alarm testing
- EPC
- Boiler servicing
- Legionella disease tests
What are the legal rquirements of a let residential property?
EICR - Electrical safety standards in the private rented sector regulations 2020.
EPC - Minimum Energy Efficiency Standards 2015
GAS - Gas safety and installation 1998
Smoke and CO Alarms - Smoke and Carbon monoxide alarm (amendment) regulations 2022.
What are grounds for lease termination?
- Forfeiture
- Surrender and Negotiation
- Merger
- Disclaimer (due to insolvency)
- Break clauses
- Lease expiry & services of notices under the Landlord and Tenant Act 1954
How to serve a section 8 notice?
Must fill out a ‘Notice seeking possession of a property let on an AST or assured agricultural occupancy’ and specify the terms of the tenancy that they have broken.
How much notice can be served under a section 8 notice seeking possesion?
Between 2 weeks and 2 months notice.
How would you proceed with a section 8 notice to court?
Ensuring you have either N215 form or signed an dated notice before serving.
What is required under the smoke and carbon monoxide Alarm (amendment) regulations 2022?
To ensure that at least one smoke alarm is equipped on each storey used as living accommodation.
and to ensure that a CO alarm is equipped in nay room containing a fixed combustion appliance (excluding gas cookers).
What is required under tenancy deposit protection?
Landlords must put tenant deposits in a Government approved tenancy deposit scheme for any ASTs starting after April 2007.
Once landlords have received the deposit, they have 30 days to provided scheme information.
What is the process for returning a deposit at the end of the tenancy?
The landlord must return the deposit within 10 days from agreeing any deductions.
What is the De-regulation Act 2015?
It introduced new obligations on landlords to oppose retaliatory evictions.
What does the renters reform bill propose to introduce?
A proposed bill to change the law about rented homes. Looks to;
- Abolish s.21 notices and introduce more comprehensive grounds for possession
- Stronger protection against back door eviction
- Introduce a new private rented sector landlord ombudsman
- Give tenants the right to request a pet
- make blanket bans illegal
- apply the decent homes standard to the private rented sector.
Grounds for possession under renters reform?
Some include;
- Owner Occupier
- Selling
- Mortgage repossession
- Housing Ag workers
What does the Landlord and Tenant ACt 1954 govern?
Regulates all business leases and gives security of tenure under s.24-s.28
What does the Housing Act 1988 govern?
Governs law between landlord and tenants. The act introduced Assured and Assured Shorthold tenancies.
What does the Agricultural Tenancies Act 1995 govern?
Reformed the law relating to Ag tenancies. Introduced Farm Business Tenancies to replace AHA and freedom of contract. Parties can now agree on virtually all terms with no minimum size or length of term for the holding.
What are the notcies under ATA 1995?
Section 25 - NTQ (12 months notice from either party)
Section 1(4) - Notice of creation
Section 10 - Rent review (12 months before review date)
What is the important date for ATA 1995?
1st September 1995
When is an ag tenancy an AHA?
Formed before 1st September 1995
What is the rent review notice under an AHA?
Section 12
What is a S.21 notice?
No fault eviction notice used when a fixed term tenancy has ended or during a periodic tenancy.
What notice must be given under a S.21 notice?
At least 2 Months
When cant a s.21 notice be used?
- Less than 4 months into the tenancy
- Property is used as HMO
- Tenancy started after 2007 and deposit is not in a protection scheme
- Council have served an improvement or emergency works notice in last 6 months
- Tenants haven’t had a copy of the compulsory paperwork
What are the cases for Possession under and AHA?
Cases A-H
What is case A?
(AGE) - The tenant has attained the age of 65 and suitable alternative accommodation is available. Affects local authorities.
What is Case B?
(Development) - When the land is required for anything other than agriculture and planning permission has been granted.
What is Case C?
(CERTIFICATE) - The tenant has failed to operate in accordance with good husbandry and tribunal has granted a certificate in the last 6 months.
What is Case D?
(DEBT) - Where the tenant fails to either pay rent and failed to comply with a notice to pay. `
What is case E?
(EJIT) - Where there has been an irremediable breach by the tenant and the holding has been materially prejudiced thereby.
What is case F?
(FINANCE) - A provision where the tenant has become insolvent
What is Case G?
(GRAVE) - When the sole or last remaining tenant has died.
What is Case H?
When the minister has certified that the notice to quit will enable him to use or dispose of the land for amalgamation.
