Legal / Regulatory Complience

Question 1

What are the protected characteristics under the Equality Act 2010?

Answer 1

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sexual orientation
Sex

Question 2

What is a legal requirement under the consumer protection from unfair trading regulations 2008?

Answer 2

Surveyors should not give false information, or fail to provide material information.

Question 3

What are the EPC & MEES regulations?

Answer 3

Landlords are required by law to have an EPC rating of an ‘E’ or above.

From April 2023, this was extended to all leases, including those which are not new. Eg it would be illegal to continue a lease which has a rating of ‘F’ or ‘G’

Question 4

What case reinforced that the liability of an EPC lies with the landlord?

Answer 4

Clipper Logistics plc V Scottish Equitable plc

Question 5

What is the name of the regulations for asbestos?

Answer 5

The control of Asbestos regulations 2012 (CAR)

Question 6

What is Asbestos?

Answer 6

A naturally occurring rock mineral

Question 7

What are the types of Asbestos surveys?

Answer 7

1- Management survey
2- Refurbishment / demolition survey

Question 8

What is the management survey for Asbestos?

Answer 8

To locate and asses asbestos and advise on the management of it during normal occupation

Question 9

What does regulation 4 of the control of Asbestos regulations 2012 say?

Answer 9

The duty holder is obligated to manage the risk

Question 10

Who is the duty holder?

Answer 10

The duty holder is the person/ company who has clear responsibility for the maintenance and repair.

Eg if vacant - the landlord

If tenanted - the tenant

Question 11

When don’t you need an EPC?

Answer 11

1- place of worship
2- Temp building to be used for 2 years or less
3-listed building
4- industrial unit using no or limited E energy
5- due to be demolished
6- under 50 sq m and detached

Question 12

What are non - compliance EPC penalties?

Answer 12

If a breach has lasted less than 3 months, up to £5,000 or 10% of rateable value ( whichever higher) up to £50,000.

If lasted more then 3 months, up to £10,000 or 20% of rateable value up to £150,000. ( whichever is greater)

Question 13

Under section 30 of the Landlord & Tenant Act 1954, where the the 7 grounds for opposition?

Answer 13

A) Breach of repairing covenant
B) Persistent delay in paying rent
C) other major breach
D) provide other suitable accom
E) uneconomic subdivision
F) Demolished/ reconstruction
G) Owner occupation

Question 14

What is the Bribery 2010 Act?

Answer 14

The act aims to reduce bribery in business in the UK

Question 15

What are the 4 offences under the Bribery Act 2010?

Answer 15

1- receiving a bribe
2- offering a bribe
3- bribing a foreign public official
4- Failing to prevent a bribe

Question 16

What is the building safety Act 2022?

Answer 16

The act brought/ continues to bring in measures intended to make buildings and residents safer.

Reason- Grenfell Tower fire

Question 17

What is the aim of the Fire Safety Act 2021?

Answer 17

To help residents to feel safe in their homes and to prevent similar tragedies to the Grenfell Tower fire occurring.

Question 18

What is the Misrepresentation Act 1967?

Answer 18

A false statement of fact during pre-contractural negotiations which has the effect of inducing the party

Question 19

What are the 9 characteristics of The Equality Act 2010?

Answer 19

Age
Sex
Sexual orientation
Gender reassignment
Pregnancy and maternity
Marriage and civil partnership
Disability
Race
Religion

Question 20

What are regulations for marketing boards?

Answer 20

Town and country planning ( control of advertisements) regulations 2007

Question 21

What are the rules under the town and country planning (control of advertisements) regulations 2007

Answer 21

1- boards are to be 2sq m if flat and 2.3 sq ft if a V board
2- must not come out further than 1m
3- 1 per building
4- must be taken down with 14 days of completing

Question 22

Bribery Act principles

Answer 22

1 - proportionality
2- top level commitment
3- risk assessment
4- due diligence
5- communication
6- Monitoring & review

Question 23

What is the regulations for uses classes?

Answer 23

Town and country planning ( use classes) ( amendment) regulations 2020

Question 24

What is classB? And what are the sub classes for this?

Answer 24

Industrial
B2 - General industrial
B8 - Storage or distribution

Question 25

What class C?

Answer 25

Residential

C3 dwellings

Question 26

What is Class E

Answer 26

Commercial, business and services

Question 27

What is Class F?

Answer 27

Local community and learning

Question 28

What does the Landlord and Tenant Act 1927

Answer 28

Deals with elements of dilapidations and improvements

Question 29

What is section 18 (1)?

Answer 29

Diminution in value - eg if a property in repair is valued at £250,000 and in disrepair, worth £200,000. The dilapidations claim is limited to £50,000

Question 30

What does the Landlord and Tenant Act 1988 deal with?

Answer 30

Lease to seek landlords consent but this consent can not be unreasonably withheld - the landlord can not withhold consent without good reason

Question 31

Types of Asbestos

Answer 31

White
Blue
Brown

Question 32

When was asbestos banned?

Answer 32

White - 1999
Blue - 1985
Brown - 1985

Question 33

What are the regulations for money laundering?

Answer 33

Money laundering, terrorist financing and transfer of funds regulations 2017

Question 34

Key provisions under the Legislation are?

Answer 34

Adopt appropriate internal controls
Ensure appropriate filing and policies
Provide staff training
Seek additional information when high risk, eg where transactions are between based in high risk countries