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Property Management > Legislation > Flashcards

Legislation Flashcards

1
Q

What are the key pieces of Legislation in Property Management?

A
  1. Health and Safety at Work Act 1974
  2. Landlord and Tenant Act 1985
  3. Occupiers Liability Act 1957
  4. Occupiers Liability Act 1984
  5. Regulatory Reform (Fire Safety Order) 2005
  6. Control of Asbestos Regulations 2012
  7. The Gas Safety (Installation and Use) Regulations 1998
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2
Q

What are the Landlords obligations under the Landlord and Tenant Act 1985?

A

Obligation to ensure electrical installation is considered safe at the beginning of the tenancy and maintained during the tenancy.

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3
Q

What are the Control of Asbestos Regulations 2012?

A

Sets out the framework for managing asbestos that is present in non domestic premises.

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4
Q

What are the requirements under the control of Asbestos Regulations?

A
  1. Have an Asbestos Register
  2. Asbestos Management plan
  3. Inform contractors of asbestos if they are due to undertake work on premises
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5
Q

Who has responsibility for Fire Safety under the Regulatory Reform Order?

A

The person in control of the premises.

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6
Q

What are the requirements under the Regulatory Reform (Fire Safety) Order 2005?

A
  1. Fire risk assessment

2. Duty to ensure fire exits are kept clear at all times

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7
Q

What would you expect a fire risk assessment to contain?

A
  1. Identify the hazard
  2. Identify the people at risk
  3. Remove or mitigate the risk
  4. Record findings and prepare an emergency plan
  5. Provide training and regular review fire risk assessment
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8
Q

What are the Gas Safety (Installation and Use) Regulations 1998

A

Requires the responsible person to maintain gas installations in a safe condition and to undertake regular periodic testing at 12 month intervals.

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9
Q

Who does the Occupiers Liability Act 1957 place a duty on?

A

Those who are in occupation or in control of the premises.

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10
Q

Who will a claim for compensation be made against under the Occupiers Liability Act 1957?

A

The occupier, or the person in control of the premises.

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11
Q

When will the landlord become liable for payment of compensation where a claim is made under the Occupiers Liability Act 1957?

A

If the claim relates to damage on a property where they have a repairing responsibility and they were notified or ought to have known of the damage.

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12
Q

What does the Occupiers Liability Act 1957 require those who are in occupation or in control of the premises do?

A

Ensure lawful visitors on the property will be safe on the premises for the purpose of their visit

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13
Q

Do you owe a duty of care to trespassers?

A

Yes, under the Occupiers Liability Act 1984.

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14
Q

When will liability arise under the Occupiers Liability Act 1984?

A
  1. If they know the danger exists
  2. The occupier has reasonable grounds to believe the trespasser will come on to the land / property
  3. If the risk is something that would reasonably expect an occupier to offer some protection against
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15
Q

What could you do to minimise risk under the Occupiers Liability Acts?

A
  1. Risk assessments
  2. Physical barriers
  3. Warning signs
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16
Q

What does the Corporate Manslaughter and Corporate Homicide Act 2007 relate to?

A

Where death has been caused by negligence from a corporate body.

17
Q

What are the penalties under the Corporate Manslaughter and Corporate Homicide Act 2007?

A
  1. Unlimited fine
  2. Prison
  3. Disqualification as a company director
18
Q

What is the Health and Safety at Work Act 1974?

A

Places a duty on employers to ensure the Health, Safety and Welfare of employees at work.

19
Q

What are employers required to provide under the Health and Safety at Work Act 1974?

A
  1. A place of work without risk to health
  2. A safe working environment with adequate facilities for welfare
  3. Provision of information and training on the companies health and safety policies
  4. Safety and absence of risk in relation to transportation of substances and materials.
20
Q

Who enforces the Health and Safety at Work Act 1974?

A

HSE.

Property Management (10 decks)

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