Legal and Regulatory Compliance Flashcards
What is the purpose of the dilapidations process?
To resolve disputes between landlords and tenants regarding the condition of a property at the end of a lease.
What is the purpose of the dilapidations protocol?
To:
1. to encourage the exchange of early and full information about the dispute
2.to enable the parties to avoid litigation by agreeing a settlement of the dispute before proceedings are commenced; and
3.to support the efficient management of proceedings where litigation cannot be avoided.
When should a dilapidations schedule be issued?
A schedule should be issued within reasonable time and should generally be within 56 days after the termination of the tenancy.
What should the landlord and their surveyor do following the termination of the tenancy if they have issued a schedule prior to the termination of the tenancy?
At the termination of the tenancy they should confirm the situation remains as stated in the schedule or send a further schedule with a reasonable time.
What should the schedule of dilapidations include?
The breaches, the works required to remedy the breaches and the landlord’s costings. Breaches should be separated into repair, reinstatement, redecoration and statutory obligations. They should be listed separately.
What are the obligations under Control of Asbestos Regulations 2012?
What does quantified demand mean?
A document prepared for the purpose of and complying with part 4 of the Protocol, typically incorporating a Terminal Schedule of Dilapidations.
What does part 4 of the dilapidations protocol state regarding quantified demand?
The Quantified Demand should:
1.set out clearly all aspects of the dispute, and set out and substantiate the monetary sum sought as damages in respect of the breaches detailed in the schedule as well as any other items of loss for which damages are sought. It should also set out whether VAT applies;
- confirm that the landlord and/or its surveyor will attend a meeting or meetings as proposed under section 7.
- be sent within the same timescale for sending the tenant a schedule (typically within 56 days)
4.Specify a date by which the tenant should respond (Typically 56 days after sending the quantified demand).
Figures set out in the quantified demand should be be restricted to the Landlord’s likely loss which does not necessarily equal the cost of works to remedy the breaches.
What is included under section 7 of the dilapidations protocol?
That the landlord and tenant (or their respective surveyors) are encouraged to meet prior to the required date of the tenant’s response to the quantified demand. They should also generally meet within 28 days after the tenant sends the response. The meeting are to be without prejudice and the parties should to agree as many f the items in dispute as possible.
When would you be required to issue a party wall notice under the Party Wall etc. Act 1996?
- When constructing a new building at or astride the boundary line between properties.
2a. excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations
2b. excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations. - Where works are to be carried out directly to an existing part wall or party structure.
What section of the Party Wall act does repairs and works to the an existing party wall fall under?
Section 2
What section of the Party Wall act does excavation within 3 or 6 meters of a neighbouring building or structure fall under ?
Section 6 (1) or (2)
What section of the Party Wall act does the construction of a new building at or astride the boundary line between properties fall under?
Section 1
What the penalty for a person guilty of an offence under subsection (1) or (2) under the Party Wall Act?
A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale. This equates to £1000 maximum.
What is an offence under the party wall act?
If an occupier of a land or premised refused to permit a person to do anything which he is entitled to do with regard to the land under S8 or premises and the occupier knows or has reasonable cause to believe that the person is so entitled then they are guilty of an offense.
If a person hinders or obstructs a person in attempting to do anything which he is entitled to do with regard to land or premises under S8 (right of Entry) and the first-mentioned person knows or has reasonable cause to believe that the other person is so entitled then the first person is guilty of an offense.
What happens if a Building Owner does not serve a notice as required under the Act?
If the requirements of the Act are not followed, as with most property law matters (e.g. boundary disputes) it is a civil matter for the parties involved to resolve.
Where work has begun without notice being given, an adjoining owner can seek to stop the work through a court injunction
What are MEES?
Minimum Energy Efficiency Standards
What are the current Minimum Energy Efficiency Standards under the
What legislation introduced MEES?
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
What EPC are non-domestic properties required to meet?
From April 2023 all Non-domestic properties are required to mee EPC E as a minimum.
What non-domestic rented properties do the regulations not apply to ?
If the property is granted a term certain of 99 years or more
or
Granted for a term certain not exceeding 6 months (unless the tenancy agreement contains provision for renewing the term or extending it beyond 6 months from its beginning, or, at the time it is granted, the tenant has been in occupation for a continuous period of more than 12 months)
What does BRE Stand for?
Building Research Establishment
What are in your terms of business?
o The definition of our fee basis
o Services
o Payment terms (due the date the invoice is received and final date for payment is 14 days after the due date).
o Our conflict-of-interest policy
o Complaints procedure
o Limitation of liability (£1million for breach of contract or negligence unless stated otherwise).
o Limitations
