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APC 2022 > Property Management > Flashcards

Property Management Flashcards

1
Q

What legislation governs the changes to Septic Tanks that you mentioned relating to Adams Gorse Farm?

A

The Environment Agency, General Binding Rules: small sewage discharge

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2
Q

What are the implications of the new legislation surrounding septic tanks?

A

Septic tanks must no longer discharge into surface water drains, rivers, canals, ditches, streams or any other type of waterway.

An existing system must either be upgraded (or replaced) either by connection the system to a main sewer, Installing a small sewage treatment plant or installing a drainage field.

Septic tanks must also meet British Standards

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3
Q

When did the new septic tank legislation come into effect?

A

The new general Binding Rules for small sewage discharge came into effect 1st January 2020

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4
Q

Why is an EPC required?

A

An Energy Performance Certificate is required under the ‘Minimum Energy Efficiency Standard Regulations’ (MEES)

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5
Q

What is required to comply with the EPC regulations?

A

An Energy Performance Certificate is required under the ‘Minimum Energy Efficiency Standard Regulations’ (MEES). It required a residential letting to have an EPC of a level E or higher

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6
Q

What is an EICR and why is it required?

A

An EICR is an Electrical Installation Condition report, required under the legislation ‘Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020’

It ensures that the electrics are safe and regularly checked.

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7
Q

How often is an EICR required/ how long is it valid for?

A

An Electrical Installation Condition Report is valid for 5 years.

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8
Q

Does the Tenant require a copy?

A

A Tenant requires a copy of the EICR at the beginning of the tenancy and can request a copy at any point during the tenancy, and the Landlord (agents) must provide this within 28 days of the request.

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9
Q

When is a Gas Safety Certificate/Test required?

A

A Gas Safety Certificate is required under the ‘Gas Safety Installation and Use Regulations 1998’.

It an an annual requirement to have this undertaken where there are gas appliances within the property.

A copy must be supplied to a tenant and the test undertaken before the tenancy commences.

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10
Q

When are Smoke and Carbon Monoxide Alarms required?

A

Under the ‘Building regulations (England and Wales) 2010, a property built after 1 June 1992 must have a mains powered smoke alarm.

Under the ‘Smoke and Carbon Monoxide Alarm (England) Regulations 2015 required from the 1 October 2015 that:

  • All properties have a working smoke alarm fitted on each floor of the property. (The LL must ensure that the alarms were working at the start of the tenancy)
  • All properties must have a working carbon monoxide alarm in any room where there is a sold fuel appliance

Under the ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022’ required from the 1 October 2022 that:

  • Smoke alarm on each floor
  • All properties must have a working carbon monoxide alarm in any room where there is a fuel appliance (excluding a gas cooker)
  • Landlords must ensure that any alarms are repaid/replaced once informed and found that they are faulty.
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11
Q

What are consequences of not complying with the ‘Smoke and Carbon Monoxide Alarm (England) Regulations 2015’ or the ‘Smoke and Carbon Monoxide Alarm (Amendment) regulations 2022?

A

Failure to comply with the regulations can lead to a fine of up to £5,000.

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12
Q

Is the Landlord required to have any chimneys swept?

A

Operational chimneys should be swept before a new tenancy and annually thereafter - unless otherwise specified within the properties insurance policy.

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13
Q

Are there any requirements under the Equality act 2010 for Landlords in relation to residential properties?

A

Under the ‘Equality Act 2010’ and from 1 October 2010, a disabled person is entitled to ask the Landlord to carry out any adjustments to a property to ensure the person is able to enjoy the property as much as an able-bodied person.

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14
Q

What is Tenancy Deposit Protection?

A

It is a deposit protection scheme which is a requirement of a landlord for all Assured Short-hold Tenancies in England and Wales. This has been a requirement since 6 April 2007, and an example is the ‘Tenancy Deposit Scheme (TDS)

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15
Q

What is a property terrier?

A

A property terrier is a record system / database for an Estate’s land and property holdings. It is maintained for the internal use of the Estate and typically consists of written records relating to a map.

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16
Q

What factors to consider when taking on a new estate?

A

THE ESTATE
THE TERM
THE SERVICES – deliver Sch 2a, everything else 2b
ANNUAL REVIEW – annual meeting
BANKING ARRANGEMENTS
AUTHIORITY
COMMUNICATION AND INSTRUCTION
AGENT AND CLIENT DOCUMENTS
CLIENTS DOCUMENTS
APPROVED CONTRACTORS
PUBLICITY
COMPLAINTS
TERMINATION
LIMITATION OF LIABILITY
AML
COI
DATA PROTECTION
FINANCE ACT 2011 – HMRC gross rents reporting
CANCELLATION OF SERVICE FORM and APPS

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17
Q

Gas Safety (Installation and Use) Regulations 1998?

A

Gas Safety (Installation and Use) Regulations 1998 States:
 LLs responsible for Gas Safety of let property
 Includes gas appliances, fittings and flues
 Evidenced by a Gas Safety Certificate
 Undertaken by Gas Safe registered engineer
 keep a record of the safety check for 2 years
 undertaken before commencement & renewed annually
 copy cert to new tenants before move in
 copy cert to existing tenants within 28 days
 if already cert in place, have a GS engineer look over & do a maintenance check, issued with the original gas safety cert before commencement. (‘living document’)
 Can be undertaken up to 2 months before the renewal date to retain original deadline

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18
Q

Gas Safety (Installation and Use) Regulations 1998?

A

Gas Safety (Installation and Use) Regulations 1998 States:
 LLs responsible for Gas Safety of let property
 Includes gas appliances, fittings and flues
 Evidenced by a Gas Safety Certificate
 Undertaken by Gas Safe registered engineer
 keep a record of the safety check for 2 years
 undertaken before commencement & renewed annually
 copy cert to new tenants before move in
 copy cert to existing tenants within 28 days
 if already cert in place, have a GS engineer look over & do a maintenance check, issued with the original gas safety cert before commencement. (‘living document’)
 Can be undertaken up to 2 months before the renewal date to retain original deadline

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19
Q

Are there times where Gas Safety regulations don’t apply?

A

If the lease is 7 years +
OR, lease is for life
LL NOT responsible for gas safety checks and maintenance

But if there is an implied tenancy arrangement, i.e. accommodation is part of job (e.g. vicar), LL should carry out duties.

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20
Q

Penalty for non-compliance with the Gas Safety Regulations?

A

Substantial fine and/or a custodial sentence.

It also Impedes the ability to serve a Section 21 notice under the Housing Act 1988.

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21
Q

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

A

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 Requires:

 From 1 July 2020 for all new tenancies

 LL must have electrical installations of let property inspected at least every 5 years or on change of tenant
 copy of certificate to new tenants before move in
 copy certificate to existing tenants within 28 days
 copy certificate to Local Authority in 7 days
 if remedial works are required the LL has 28 days to complete

 From 1 April 2021, applies retrospectively to all tenancies

Must be compliant with the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671.

22
Q

Which tenancies does the Electrical Safety Standards in the Private rented Sector (England) Regulations 2020 apply to?

A

From 1 April 2021 apply in all cases where a private tenant has a right to occupy a property as their only or main residence and pays rent. This includes ASTs and licences.

23
Q

Penalty for non-compliance with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020?

A

Up to £30k fine if non-compliant

It also Impedes the ability to serve a Section 21 Notice under the Housing Act 1988.

24
Q

What is the principal legislation in relation to EPCs?

A

The Energy Performance of Buildings (England and Wales) Regulations 2012 requires EPC to be produced when a domestic or non-domestic property is constructed, sold or let.

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced the Minimum Energy Efficiency Standards (“MEES”). Current MEES is Band E or above.

25
Q

When is an EPC required?

A

An EPC must be valid and in place if, the property is to be:

  1. Marketed
  2. Let
  3. Sold
26
Q

What is the penalty for not displaying EPC in an advert?

A

£200 on spot fine per advert not displaying EPC

27
Q

EPC deadlines/important dates for privately rented residential and commercial buildings:

A

From 1 April 2018, it has been an offence for a landlord of residential or commercial property to sell or grant a new lease or renew a lease of a property which has a rating below E.

From 1 April 2020, MEES applies to all privately rented residential property and it will be an offence to continue to let residential property with an EPC rating below E.

From 1 April 2023, MEES will apply to all privately rented commercial property and it will be an offence to continue to let commercial property with an EPC rating below E.

28
Q

Who can produce an EPC?

A

An EPC must be prepared by an accredited Energy Assessor.

Search on Gov.uk website by postcode for registered assessors

29
Q

How is the EPC of a building assessed?

A

Calculates using the information available to the assessor about the property (age, construction, heating system)

Then applies a series of assumptions about the occupation and use of the property in a standard model to determine its theoretical energy efficiency.

30
Q

Do Farm buildings let require an EPC?

A

Not EPC requirement if there is not a controlled indoor climate

31
Q

When is an EPC not required?

A

An EPC is generally not required:

 For transactions not considered a sale or rent i.e. renewed with same tenant, lease surrender, compulsory purchase
 Places of worship
 Listed/ conservation area & required improvements would unacceptably alter their character or appearance i.e. double glazing, new doors/windows, external wall insulation and external boiler flues
 temporary buildings with a planned use of < 2 years
 residential use less than 4 months of the year
 detached building with a total useful floor area < 50m²
 will be demolished – must prove PP and consents
 will be redeveloped – outline consent minimum

32
Q

What exemptions are there for Energy Performance Certificates?

A
  1. ‘High Cost’ Exemption - the cheapest recommendation would exceed £3,500 (inc. VAT) (domestic property only)
  2. ‘7 Year Payback’ Exemption - the cost of purchasing and installing does not meet the 7-year payback test (non-domestic only)
  3. ‘All Improvements Made’ Exemption - where all relevant improvements have been made but that property remains below the minimum standard (domestic and non-domestic)
  4. ‘Wall Insulation’ Exemption - only relevant improvement is cavity/external and written expert advice showing these measures could negatively impact character (exemption lasts 5 years) (domestic and non-domestic)
  5. ‘Consent’ Exemption - third party (such as planning from the council for solar panels), tenant or superior landlord will not give consent despite best efforts (exemption lasts 5 years) (domestic and non-domestic)
  6. ‘Devolution’ Exemption - where improvements would decrease the value of the property by 5%+, copy of the report undertaken by a RICS valuer required (exemption lasts 5 years) (domestic and non-domestic property)
  7. ‘New Landlord’ Exemption - where a new landlord has been ‘appointed’ (6 month exemption) (domestic and non-domestic property)
33
Q

Is there a cost cap for EPC improvements?

A

The cost cap: £3,500 (including VAT) on energy efficiency improvements.

If you cannot improve your property to EPC E for £3,500 or less, you should make all the improvements which can be made up to that amount, then register an ‘all improvements made’ exemption.

34
Q

What is the current EPC requirement?

A

Band E or above on marketing, letting or sale of a property in England and Wales:

 MEES to rise to Band C from 2025
 Phased in, new tenancies from 2025 and then existing tenancies from 2028

35
Q

Penalties’ for non compliance with MEES?

A

Domestic/Residential Properties - fines of up to £30,000.

Non-domestic/Commercial Properties:
- a breach that last less than 3 months, LL may face fines of £5,000 or 10% of the rateable value up to a max of £50,000.
- a breach that lease more than 3 months, LL may face fines of £10,000 or 20% of the rateable value up to a max of £150,000.

36
Q

When inspecting a residential property, what do you look for?

A
  • Breach of covenant
  • Compliance
37
Q

What is the inspection process?

A

1) Beforehand, look at record of condition and agreement.
2) At inspection photograph and take notes.
3) External first, then internal
4) Focus on landlord’s fixtures and fittings, general condition, if any cracks etc. Look at general wear and condition.
5) Go through each room inspecting from ceiling to floor. Take measurements if not on file.
6) Damp is often an issue in older houses & windows.
7) Upload photos and notes to file on return.
8) Send landlord a report with any recommendations.
9) Follow up with tenant if necessary to request action in line with agreement.

38
Q

What is the main legislation controlling asbestos?

A

Control of Asbestos Regulations 2012

39
Q

What is contained in an asbestos management plan?

A

4 components:

1) Site Plan
Identifies location

2) Asbestos register
location of ACMS, product, how much, condition, type, material score, priority score

3) Asbestos Action Plan
Location, product, action, by when, by whom

4) Communication Plan
Stickers, staff, maintenance, contractors, others

40
Q

How would you go about having asbestos removed from a property?

A

Using an approved contractor

Asbestos Removal Contractors Association (ARCA)

41
Q

How often does an asbestos management plan need to be reviewed?

A

Control of Asbestos Regulations 2012 requires the asbestos management plan must be “inspected regularly and records updated accordingly”. Every 12 months, or more often if the risk is high.

42
Q

What let property compliance/legislation is relevant to Estate Management?

A
  • Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
  • Gas Safety (Installation and Use) Regulations 1998
  • The Energy Performance of Buildings (England & Wales) Regulations 2012
  • The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
  • The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
  • The Furniture and Furnishings (Fire) (Safety) Regulations 1988
  • Immigration Act 2014
  • Homes (Fitness for Human Habitation) Act 2018
  • Housing Act 2004 (Deposit Protection)
  • Housing Act 1988 (governs ASTs)
  • Tenant Fees Act 2019
43
Q

Are you aware of any other tree diseases? Name three.

A

 Ash Dieback
 Acute Oak Decline
 Dutch Elm Disease

44
Q

When is a Felling Licence required?

A

It is an offence under the Forestry Act 1967 to cut down a growing tree without a licence.

Therefore, a licence is required in most cases unless specific exemptions are met i.e.
* less that 8cm diameter trunk
* less than 5m cubed timber in any calendar quarter (size of a small car).
* Within a private garden

45
Q

What is included in a Felling Licence?

A

Online or paper application via Forestry Commission:

  • Applicants Details
  • Agents Details
  • ID of Trees to be Felled
  • Method of Felling
  • Restocking
  • TPO’s and Conservation Area
  • Map Attached
  • Photos attached with trees marked
  • Declarations
46
Q

How long does a felling licence last?

A

5 years

47
Q

What is CDM?

A

The Construction (Design and Management) Regulations 2015

Apply in England, Scotland and Wales

Effective from 6 April 2015

48
Q

Who are Duty Holders with regard to CDM?

A

 Client
 Principal Designer
 Principal Contractor

49
Q

When is a project notifiable under CDM?

A

Health and Safety Executive must be notified using an F10 form if works:

 20 or more workers for 30 or more days
OR
 exceed 500 person man days

A copy of the notice must also be pinned on construction site office door.

50
Q

Was the work to stable cottage or AGF notifiable under the CDM regulations?

A

No, neither project was notifiable since they did not exceed 500 person man days, or, 20 or more workers for 30 or more days.

51
Q

If a project was notifiable under the CDM regulations what would you do.

A

I would visit the health & Safety Executives website and download an F-10 Notification Form, which is completed and then submitted.

52
Q

Under ‘The Construction (Design and Management) Regulations 2015 who should notify the HSE of a notifiable project.

A

The client has the duty to notify a construction project, although the client may ask someone else to notify on their behalf.

APC 2022 (5 decks)

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