Pre Letting Issues Flashcards
Do Agents have a duty to publish fees?
What fees must be published?
What must the list of fees include?
Do agents have a duty to publish fees?
Yes. s. 83 Consumer Rights Act states must display fees in:
1. premises where services related to fees are carried out
2. In a place they can be seen
3. On any websites
What fees need to be displayed?
Under s. 85, fees, charges, penalties payable to agent for:
a. Letting agency work
b. Property management work
What must list of fees include?
a) Description of each fee
b) Whether each fee is for each T or whole dwelling
c) Amount including VAT, or how its to be calculated
d) If holding client money, whether there’s a redress scheme
What is the duty to LLs regarding tenancy deposits?
What can the tenant do?
- Agent / LL must give notice to T within 30 days, advising which scheme applies
- If not T can apply to court on basis they don’t know which scheme applies or that deposit hasn’t been safeguarded.
Court can order deposit to be repaid, or up to 3x the amount for compensation
What is the purpose of the Immigration Act 2014?
Who doesnt it apply too?
When doesnt someone have a right to rent?
Stops illegal immigration in private rent accommodation by requiring LL & agents to conduct document & right to rent checks.
Doesn’t apply to:
a) A British citizen
b) National of an EEA state, or
c) A Switz national, and
d) Has a right to rent in UK
Don’t have right to rent if:
a) Requires leave to enter / remain in UK and doesn’t have it
b) Has leave subject to a condition preventing occupancy
What is the purpose of the Immigration Act 2016?
Adds criminal offences to Right to Rent checks
s. 39-41 - LL who permits occupation to someone without a right to rent & knows / has grounds to believe the premises is occupied commits offence.
defence if steps taken to terminate tenancy
What is the law on Smoke and Carbon Monoxide alarms?
a. Must check smoke alarm present on each storey used as living accom
b. And carbon monoxide alarm if theres a solid combustion appliance
Smoke alarms to be checked on day a new T moves in.
When should an EPC be issued?
EPC certificate to be issued on granting new tenancy
What does Part 3 The Energy Efficiency (Private Rented Property) Regs 2015 do?
Provides min efficiency standards to domestic & non-domestic premises
Efficiency below E is sub- standard
LL cannot grant, renew, continue to let if its sub-standard unless there’s a valid reason.
What does The Regulatory Reform (Fire Safety) Order 2005 do?
Applies to non – domestic & residential common parts
Responsible person must do regular risk assessments & identify steps to lower risk – Part 2
Risks must be told to T, then maintained by competent person.
If costs of works exceed £250 to any T, must consult with them
What does the Control of Asbestos Regs 2012 do?
LL has duty to manage asbestos when responsible for maintenance or repairs to non-domestic premises, including common areas in flats
Must check – whether its present, where & what condition then act on it
What is the duty on Gas Safety Regs?
Which leases does it apply too?
For leases under 7 years
LL must ensure:
1. Gas fittings in safe condition
2. Been checked within 12 months of lease beginning
3. Each appliance checked by gas safe member within 12 months of installation & at a max of 12 months intervals after
Copy to be given to T at start of tenancy & annually after
What should be covered by LL before a tenancy begins?
- Occupier has Right to Rent
- Gas Safety Cert
- Electrical Cert
- Functioning alarms
What checks should be done on a potential tenant?
- ID Checks
- Proof of address
- Right to Rent checks
What four documents must be given by the LL to tenant before renting the property?
- How to Rent leaflet
- gas safety certificate,
- EPC
- deposit protection information.
