Legal/regulatory requirements Flashcards
What are the 3 types of schedule of dilapidations?
Interim (during the lease).
Terminal (last 3 years-18 months).
Final (after lease expiry).
What is Section 18 (1) of the LTA 1927?
Limb 1 - cap on repair costs (landlord’s claim).
Limb 2 - supersession.
What is the significance of the Landlord and Tenant Act 1927?
It includes provisions such as Section 18, which includes a statutory cap on landlord claims and supersession.
What is qualified compliance when exercising a break clause?
When a tenant has complied with more than what is ‘reasonable’ but less than ‘absolute’ compliance to meet the break clause.
What are the penalties for not getting Listed Building Consent?
Fine, up to 2 years in prison (consent to make changes to a listed building).
What is found within a licence to alter?
Building regs, CDM regs, drawings.
When is an EPC required?
Selling or renting a property. Buildings that are shell only exempt e.g. barn are exempt and some Listed buildings.
What is the purpose of the Dilapidations Protocol?
Sets the ground rules for negotiations without going to court.
Is the Dilapidations Protocol mandatory?
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).
Ash House, Middlesex – you reviewed a schedule of dilapidations - What should a terminal schedule include to be compliant?
Quantified demand and breaches.
When would BCIS not be used?
On Listed buildings, unusual building types.
What are a Landlord’s responsibilities under the Equality Act 2010?
Make reasonable adjustments e.g. install a ramp to common parts, not discriminate against tenants.
How wide did the door need to be at Windsor Walk?
775mm as it was an existing building, 1000mm for new build.
What piece of legislation relates to asbestos?
The Control of Asbestos Regulations 2012.
Who is a duty holder under The Control of Asbestos Regulations 2012?
Person or organization who’s responsible for managing asbestos non-domestic buildings e.g. landlord, client, designer, principal contractor.
What are their duties under The Control of Asbestos Regulations 2012?
Assessing risk, recording the locations, sharing information about asbestos with others.
What counts as non-licensed work?
Drilling through textured coatings, painting over asbestos insulating board (AIB).
When is Building Control Approval Required?
Not required for most repair and maintenance work, so most other work where Building Regulations apply will need Building Control Approval.
Murdock Road, Bicester – You correctly gave advice regarding current MEES targets. What are the future upcoming targets?
MEES: C - 2028, B - 2030, net zero - 2050.
Can you explain what the MEES target exemptions are?
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%.
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?
Appoint PD and PC, PCI (asbestos, structural information), CPP, provide welfare facilities.
Note: Landlord issues schedule of dilapidations within 56 days of tenancy ending (stated in Protocol). Court may award punitive costs for failure to comply.
What is Listed building consent and what is the first stage of obtaining it?
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.
