Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

APC > Leasing and Letting > Flashcards

Leasing and Letting Flashcards

1
Q

What things do not constitute AST?

A

Don’t live with landlord
Rent between £250 (£1,000 in London) and £100,000 pa
Landlord is local council
Holiday let

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When were ASTs introduced?

A

AST is a form of AT. ATs were introduced by the Housing Act 1988 (effective 15 Jan 1989).
ASTs were extended by the Housing Act 1996 (effective 27 Feb 1997)
Therefore, typically anything after 1997 is an AST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What did the Housing Act 1996 do?

A

Made AST the default tenancy (used to be AT)

Effective 27 Feb 1997

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What did the Housing Act 1988 do?

A

Introduced the AT and AST

Effective 15 Jan 1989

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the process of letting a property after you receive an offer?

A

1) put offer and all info to LL
2) Reference check the tenant/guarantor/company
3) Right to rent checks
4) Draft and sign AST
5) Register deposit with TDP
6) Provide tenant with all info

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What tenant reference checks do you undertake?

A

1) Home Let Enhanced check -> double check report info
- Employment history, CCJ, credit checks, background search (addresses, names)
2) Smart Search check
- AML
- Identifies PEP
3) Student – confirmation from university
4) Company tenant – letter from firm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How do you do a Right to Rent check? What happens if you don’t do it?

A

If time-limited visa - must be done 28 days before start of tenancy

Passport, visa, proof of address (utility bill last 3 months)

  • If BRP has not yet come -> check with UK Visas and Immigration
  • Info can be certified by third party professional
  • Make colour copy and retain for tenancy + 12 months

This can now be done online due to Covid-19

Immigration Act 2016 - 5 years in jail or unlimited fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the rules around tenancy deposits?

A

Covered by the Housing Act 2004

Register with a TDP within 30 days of receipt
Holding deposits don’t need to be protected
Return to tenant after 10 days of agreeing amount

Must provide specific info on TDP at term start (amount of deposit, details of TDP, ADR details, contact of LL/prop manager for repairs, why you can lose deposit)

Can’t serve a section 21 notice otherwise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What do you need to provide at the start of a tenancy? what happens if you dont?

A

1) Gas safety certificate
2) TDP information
3) Right to Rent document
4) EPC
5) Tenancy agreement
6) Provide a copy of the electrical safety certificate from 1st July 2020

Can’t serve a section 21 notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can you charge a tenant as an agent?

A

No. Tenant Fee Ban 2019

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How much is a deposit?

A

Tenant Fees Act 2019:

  • Rent under £50k pa = 5 weeks
  • Rent over £50k pa = 6 weeks
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What cannot be an AST?

A

1) Live with your landlord
2) Rent under £250 (£1,000 in London) or over £100,000 pa
3) Holiday let / term under 6 months
4) Landlord is local council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What if the AST is for multiple years?

A

If 3 year term it must be executed as a deed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What happens at the end of the AST?

A

Becomes a periodic tenancy unless

1) Landlord serves a section 21 notice
2) Landlord and tenant agree a surrender

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How can a landlord end an AST?

A

1) Section 21
- Cannot be used during term (i.e. notice expire at end of fixed term)
- Can’t be served at all in first 4 moths
- 2 months’ notice -> 3 months under Covid 2020
- Must follow correct procedure
- Tenant can legally stay until bailiffs come

2) Section 8
- At any time
- For breaking terms of the lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How do you know if you have an AST?

A

1) Says it in contract
2) Signed after 1997
3) Notice given by landlord stating you have an AST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How do you know you have an AT?

A

1) Let between 1989 and 1997
2) Pay rent to a private landlord
3) Don’t live with landlord
4) States it in your agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What can not be an AT?

A

1) Live with landlord
2) Rent from the council
3) Pay rent over £100,000
4) Holiday or corporate let

19
Q

What are the characteristics of an AT?

A
  • Has a fixed term after which it becomes periodic

- Landlord

20
Q

How can you regain possession under an AT?

A

1) Tenant serves notice to quit after fixed term
2) LL and T agree a surrender
3) LL serves a section 8 notice giving specific grounds for lawful eviction

21
Q

What grounds are there for a section 8 notice? How much notice do you need to give?

A

1) Mandatory grounds e.g 8 weeks rent in arrears. 2 weeks notice.
2) Discretionary grounds e.g. breach of contract terms, continually late rent, nuisance to neighbours. 2 months notice for these

22
Q

What is as regulated tenancy/rent act tenanct?

A

Let under the Rent Act 1977 (i.e. before Housing Act 1988)

23
Q

What are the characteristics of a rent act tenancy?

A

Fair Rent is charged (determined by VOA)
Have very specific grounds for eviction (mandatory and discretionary)
Can be passed on in death or if tenant never leaves (i.e. can still exist today)

24
Q

How do you know you have a tenancy?

A

If its exclusive possession of a defined area for more than 6 months, its likely a lease

25
Q

What are the characteristics of a license?

A

Makes something legal (e.g. entry to private property) that wouldn’t normal be legal

  • Right to enter a property
  • Personal arrangement between licencor and licensee
  • Acquires no interest in the property
  • Merely a personal right that can be terminated by either party
26
Q

What is the legal case for licenses?

A

Street v Mountford

27
Q

What is the punishment for failing to do r2r?

A

Unlimited fine and 5 years in jail

28
Q

What do you do if a tenant has a time limited visa?

A

Check at the start of the tenancy and then again after 12 months or before it expires to ensure they have renewed it

29
Q

What must you do to deposits?

A

Housing Act 2004 - protect them

Register within 30 days, return within 10 days of agreement
Protect under TDS
Capped under Tenant Fees Act 2019

30
Q

What documents do you provide at the start of a tenancy?

A

1) Deposit paperwork
2) How to rent guide
3) EPC
4) Gas safety certificate
5) AST
6) 1st July 2020 - Electrical safety certificate

31
Q

How much deposit can you take?

A

Holding - 1 week (not protected)
Rent under £50k pa - 5 weeks rent
Rent over £50k pa - 6 weeks rent

32
Q

How are company lets arranged?

A

Common law tenancy

33
Q

What is a HMO

A

Housing Act 2004

License lasts 5 years
House in multiple occupation - need a special license
3+ residents forming more than 1 household
5+ is a large HMO
Sharing common facilities
Is the tenants main address

34
Q

When do you not do R2R checks?

A

1) Student in halls
2) Care homes
3) Social housing

35
Q

Penalties for no HMO licesnse?

A

£20,000 for over-renting

36
Q

What did the Deregulation Act 2015 enact?

A

Can’t serve a s21 if there is no valid EPC
Can’t serve a s21 within first 4 months of the tenancy
Introduced the 6 month lifespan for s21 notices
Made retaliatory evictions illegal

37
Q

What are some of the recent changes proposed to lettings law?

A

RoPA
Rented Homes Bill: S. 21 removal - have to use s.8.
Speedy process if intent to sell is proven (still more timely/costly than it is now)

Will be harder to get lender’s consent for a letting.

38
Q

When do you need to do AML checks?

A

BEFORE taking any money

39
Q

What did the immigration act 2016 introduce?

A

Harsher punishments -> criminal offence for not doing R2R

Unlimited fines and 5 years in jail

40
Q

What did the consumer rights act 2015 introduce?

A

All lettings agents must show their fees in shop/on website

41
Q

What is fair ware and tear?

A

Defined in s11 of L&T act 1985

42
Q

Fines for failing to secure a deposit?

A

1-3 x the deposit sum

43
Q

What is the lettings process post offer?

A

1) put offer and all info to LL
2) Reference check the tenant/guarantor/company
3) Right to rent checks within 28 days of tenancy starting
4) Draft and sign AST
5) Register deposit with TDP within 30 days of receipt
6) Provide tenant with all info

APC (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions