Property Management Flashcards
Talk me through your experience pursuing an energy provider for incorrectly invoiced street lighting?
Reviewed past progress, attempted to engage with provider many times, raised complaint, raised a second complaint, no response, sought legal advise and advised the Board to proceed with legal action as company non-responsive.
What legal action was taken? What was the outcome? Were there any alternatives you considered?
The matter is now in the Sheriff Court seeking to sue. The outcome is not yet decided. We contacted both Ombudsman and Ofgem but neither were able to assist us.
You have provided advice on a solar pv installation - how many kWh was this? Was advice did you seek from third parties?
The installation will generate 91.54MWh of energy per year. We sought advise from Zero Waste Scotland on ways to improve energy efficiency in commercial premises.
Who sets the requirements to become net zero? What is the legislation connected with this?
The Scottish Government sets the net zero emissions targets for Scotland. The Climate Change (Scotland) Act 2009. It is possible that the Land Reform in a Net Zero Nation consultation, hoping to form a new Land Reform Bill may also have an impact on climate change legislation.
On what basis did you recommend your client to proceed with the solar pv project?
Having collated advice from Zero Waste Scotland and the solar installer who was advising us/creating the projections and quote, and reviewing the current and ever-increasing electricity costs, I prepared a document for the Board outlining the findings, options and a recommendation to proceed with the project.
What progress has happened since progressing the project?
We are moving forward with an installation date in early spring 2023.
When was the right brought in for tenants to buy 1991 act tenancies?
It was brought in through the Agricultural Holdings (Scotland) Act 2003
When was the right brought in for tenants to buy 1991 act tenancies?
It was brought in through the Agricultural Holdings (Scotland) Act 2003. This was amended in the Land Reform (Scotland) Act 2016 which removed the requirement for a tenant to register interest, should the landlord look to sell the holding.
What are the key aspects of an in-hand farming practice, specifically contract farming? What are the pros and cons?
Contract farming is an agreement between a landowner and a contractor. The landowner or farmer engages the services of the contractor. Both entities are farm businesses in their own right. Landowner provides the land, buildings, fixed equipment, new bank account. The contractor provides the management expertise, labour, machinery and additional storage (if required). Pros - vacant possession, occupation of farm, release of working capital, economies of scale.
What is the trading value of entitlements at the moment?
Region 1 - £170. Region 2 - £45. Region 3 - £15.
How did you arrive at the cost of outgoing valuations? On what basis is this valuation decided? What valuation method was used?
The basis of valuation is the value to an incoming tenant. The valuation method used, in this case, was the depreciated replacement cost method.
Do you have another example of where you met level 3 in property management?
I have provided advice to the Board on improving the use and functionality of our property terrier to make better use of the compliance function, allowing our management of properties to become more automated, organised and recorded. My recommendations for property groupings were accepted and we are making the amendments now.
How are responsibilities split between a landlord and a tenant in a regulated tenancy, an SAT and a PRT?
All tenanted properties in Scotland are now required to achieve both the tolerable and repairing standard and it is the landlords responsibility to ensure this. However, tenants responsibilities include reporting maintenance issues in a timely manner and allowing access for maintenance.
What are the EICR requirements for agricultural tenancies?
For any new leases, the landlord is required to have an EICR done on both the buildings and the house. The tenant then has the responsibility of having that updated every 3 years for the buildings and every 5 years for the house.
Are you aware of any changes to compliance of residential dwellings within agricultural tenancies?
By February 2022, landlords were required to install smoke detectors, heat detectors and carbon monoxide detectors in residential dwellings under agricultural tenancies in Scotland.
Can you outline some of the key changes brought in by the Land Reform (Scotland) Act 2016?
Introduction of the MLDT
Removal of the requirement for a 1991 act tenant to register interest
Removal of the LDT as a leasing vehicle
Tenants amnesty period from June 2017 - June 2020, extended to Dec 2020 due to coronavirus.
How would you deal with registering a tenancy deposit for a PRT?
Landlord register with TDS, such as Safe Deposits Scotland - tenant pays deposit to landlord, landlord pays deposit to TDS within 30 working days - TDS holds funds for duration - end of tenancy, tenant and landlord agree repayment and apply to TDS - sends payment to either or both party within 5 working days.
What governs tenancy deposits?
Tenancy Deposit Schemes (Scotland) Regulations 2011
What is an EPC and what are the requirements of an EPC?
Energy Performance Certificate - legally valid document which provides an energy efficiency rating in relation to a property’s running costs. Rating takes into account the potential energy performance of the property itself (the fabric) and its services. They are required for tenanted properties.
What are the health and safety considerations on estates? Which act governs H&S?
Lone working, tree safety, electrical safety of equipment. Health and Safety at Work Act 1974.
What are the requirements Landlord’s must meet for let residential property?
The tolerable and repairing standard, must have an EPC, meet gas, electrical, and CO safety requirements, have a legionella risk assessment, appropriate insurance in place and be registered as a landlord.
What is the difference between a PRT and an SAT?
No set initial period (was 6 months with the SAT)
Landlord can no longer bring the tenancy to an end for no reason (removal of the ‘no-fault’ ground for eviction).
What is the process for evicting a tenant if they do not leave having served them with a notice to leave?
If they have not left the property within the notice period ~(28 days or 84 days) then the landlord can apply for an eviction order from the first-tier tribunal.
EICR and EPC requirements?
EICRs are required every 5 years and EPCs are required every 10 years.
