Legal / Regulatory Flashcards
What are “dilapidations”?
The state of disrepair of a leased property, and the legal obligation for tenant to rectify disrepair at the end of a lease.
What would a “Schedule of dilapidations” typically include?
- Relevant lease/tenancy obligations
- Any lease clauses breached
- Remedial works undertaken or proposed to correct breach
- Costs for those works
Two types: “Interim” and “terminal”.
Sometimes “Scott schedule” column allows each side to write their views.
What is the “Dilapidations Protocol”?
Steps the landlord/tenant takes to try and reach dilaps agreement, prior to Court proceedings/mediation etc.
- Starts with a surveyor doing a “Schedule of dilaps”.
- It is served on tenant. They get their surveyor to assess Schedule. Liabilities negotiated.
- Tenant either agrees settlement, or carries out works. Liabilities then signed.
What pieces of legislation are relevant to dilapidations?
- Dilapidations Protocol (England and Wales), adopted by CPR in 2012
- Landlord and Tenant Act 1927
What are the “Civil Procedure Rules”?
Rules introduced in 1998 for the simplification of the justice process, make them cheaper, quicker and simpler, and improve access for non-lawyers.
Introduced “pre-action protocols”.
What is the “Decent Homes Standard”?
Technical standard introduced by labour government in 2000, to ensure homes are brought up to a minimum standard in the public sector.
Must have:
- Reasonable state of repair
- Reasonably modern facilities and services
- Reasonable degree of thermal comfort
What is the “Homes (Fitness for Human Habitation) Act 2018”?
Rented houses/flats must be “fit for human habitation” - healthy, safe and free from things that could cause harm.
More power to renters
Who are the duty holders under the Control of Asbestos Regulations?
Anyone with contractual maintenance or repair responsibilities
OR
Anyone in control of the premises
What must a duty holder actually DO under CAR 2012?
- Take reasonable steps to find asbestos, keep details recorded in a survey
- Assess risk of that asbestos to people
- Prepare an Asbestos Management Plan (could involve removing or repairing asbestos material)
- Keep survey/plans up to date
What is “licensed” asbestos work, and what does it involve?
Working with high-risk asbestos (friable, high asbestos content, usually sprayed on, eg. lagging)
- Must notify HSE 14 days before works
- Medical every 2 years
- Risk assessment, emergency arrangements
- Trained workers, suitable insurance
What is “notifiable non-licensed” asbestos work, and what does it involve?
Working with lower risk asbestos, but where risk is higher due to breakage/release of fibres/poor condition of asbestos (eg. hacking up floor tiles)
- Must notify HSE any time before works start
- Medical every 3 years
- Risk assessment, train workers, insurance
What is “non-licensed” asbestos work, and what does it involve?
Working with low risk asbestos, low risk of disturbance (eg drilling holes).
- Risk assessment, train workers, insurance
How often should the asbestos management survey be done?
CAR 2012 says
- “reviewed and revised at regular intervals”
- and/or if “plan is no longer valid”
- “significant change to the building”
What is required of surveyors under CAR 2012 / RICS guidance note?
- ALL surveyors must have asbestos awareness training (S.10 of the regs)
- Surveyor can commission asbestos surveys on behalf of landlord but it is always that landlord’s statutory duty to comply
Does the Party Wall act give a right of access to neighbouring land?
Yes - under S.8 (for executing works in pursuance of the Act)
