Legal/regulatory requirements

Question 1

What are the 3 types of schedule of dilapidations?

Answer 1

Interim (during the lease).
Terminal (last 3 years-18 months).
Final (after lease expiry).

Question 2

What is Section 18 (1) of the LTA 1927?

Answer 2

Limb 1 - cap on repair costs (landlord’s claim).
Limb 2 - supersession.

Question 3

What is the significance of the Landlord and Tenant Act 1927?

Answer 3

It includes provisions such as Section 18, which includes a statutory cap on landlord claims and supersession.

Question 4

What is qualified compliance when exercising a break clause?

Answer 4

When a tenant has complied with more than what is ‘reasonable’ but less than ‘absolute’ compliance to meet the break clause.

Question 5

What are the penalties for not getting Listed Building Consent?

Answer 5

Fine, up to 2 years in prison (consent to make changes to a listed building).

Question 6

What is found within a licence to alter?

Answer 6

Building regs, CDM regs, drawings.

Question 7

When is an EPC required?

Answer 7

Selling or renting a property. Buildings that are shell only exempt e.g. barn are exempt and some Listed buildings.

Question 8

What is the purpose of the Dilapidations Protocol?

Answer 8

Sets the ground rules for negotiations without going to court.

Question 9

Is the Dilapidations Protocol mandatory?

Answer 9

No, but if it’s not followed and the claim goes to court then a judge won’t look favourably on the party that hasn’t followed the Protocol (potential financial penalty against this party).

Question 10

Ash House, Middlesex – you reviewed a schedule of dilapidations - What should a terminal schedule include to be compliant?

Answer 10

Quantified demand and breaches.

Question 11

When would BCIS not be used?

Answer 11

On Listed buildings, unusual building types.

Question 12

What are a Landlord’s responsibilities under the Equality Act 2010?

Answer 12

Make reasonable adjustments e.g. install a ramp to common parts, not discriminate against tenants.

Question 13

How wide did the door need to be at Windsor Walk?

Answer 13

775mm as it was an existing building, 1000mm for new build.

Question 14

What piece of legislation relates to asbestos?

Answer 14

The Control of Asbestos Regulations 2012.

Question 15

Who is a duty holder under The Control of Asbestos Regulations 2012?

Answer 15

Person or organization who’s responsible for managing asbestos non-domestic buildings e.g. landlord, client, designer, principal contractor.

Question 16

What are their duties under The Control of Asbestos Regulations 2012?

Answer 16

Assessing risk, recording the locations, sharing information about asbestos with others.

Question 17

What counts as non-licensed work?

Answer 17

Drilling through textured coatings, painting over asbestos insulating board (AIB).

Question 18

When is Building Control Approval Required?

Answer 18

Not required for most repair and maintenance work, so most other work where Building Regulations apply will need Building Control Approval.

Question 19

Murdock Road, Bicester – You correctly gave advice regarding current MEES targets. What are the future upcoming targets?

Answer 19

MEES: C - 2028, B - 2030, net zero - 2050.

Question 20

Can you explain what the MEES target exemptions are?

Answer 20

If an energy assessor determines that improvements aren’t possible, or they believe the improvements would reduce the property’s market value by more than 5%.

Question 21

Gordon Grove, London - under Construction (Design and Management) Regulations 2015 you advised the client needed to submit an F10 – what other responsibilities does the client have?

Answer 21

Appoint PD and PC, PCI (asbestos, structural information), CPP, provide welfare facilities.

Question 22

Note: Landlord issues schedule of dilapidations within 56 days of tenancy ending (stated in Protocol). Court may award punitive costs for failure to comply.

Question 23

What is Listed building consent and what is the first stage of obtaining it?

Answer 23

Approval to carry out works on a Listed building.
You have to contact the LPA to check if consent is required and to ensure that the proposed works are acceptable.