Property Management - L3 Flashcards
What are the legal requirements of a let residential property?
EICR - Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
EPC - Minimum Energy Efficiency Standards 2015.
Gas - Gas Safety (Installation and Use) 1998.
Smoke and Carbon Monoximde Alarms - Smoke and Carbon Monoxide Alarm (amendment) Regulations 2022.
When did the Housing Act 1988 come into affect?
15 January 1989
Explain the section 21 procedure.
Serve form 6A giving 2 months notice, and fill out a N215 form.
If tenant does not vacate the property, use N215 form to apply to the courts for a possession order.
Tenant has 14 days to challenge.
Judge may then award possession order.
If tenant still does not vacate, the landlord can apply for a warrant for possession.
When would a s21 notice be invalid?
Notice incorrectly served
Tenancy deposit rules not followed
No EPC or Gas Safety certificate
No How to Rent guide provided
Served a notice after a complaint about the condition of the property or the landlord.
Within fixed term of the tenancy.
What are the mandatory grounds for possession for a Housing Act Tenancy?
Under section 8 of the Housing At 1988, the mandatory grounds are -
1 - Owner occupier
2 - Repossession by the landlord mortgage lender
3 - Holiday let
4 - Student let
5 - Property required for minister of religion
6 - Property required for redevelopment
7 -Death of tenant
7A - Antisocial behaviour
7B - Tenant does not have a right to rent
8 - Serious rent arrears
What are the discretionary grounds for possession for a Housing Act Tenancy?
Under section 8 of the Housing Act 1988 -
9 - Suitable alternative accomodation
10 - Rent arrears
11 - Persistent delay in paying rent
12 - Breach of tenancy conditions
13 - Deterioration in the condition of the property
14 - Nuisance, annoyance, illegal or immoral use of the property
14A - Domestic violence
14ZA - Offences during a riot
15 - Deterioration of furniture
16 - Employee of the landlord
17 - Tenancy obtained by false statement
What are the repairing obligations of a residential property and do they override the tenancy agreement?
s11 of the Landlord and Tenant Act 1985 obliges the landlord to maintain -
Structure and exterior
Installations for supply of water, heating, sanitation and power
Must conduct repairs in reasonable time
Between what dates where Assured Tenancies the statutory fallback?
Under the Housing Act 1988, between 15th January 1989 and 28th February 1997, unless s20 (2) notice served to make it an AST.
What cannot be an Assured Tenancy, or an AST?
Tenancies created before 15th January 1989
Where the rent exceeds £100,000 per annum
Rents of less than £250 per annum
Business lets
Property with more than 2 acres of agricultural land
Student and holiday lets
Where the property is occupied as part of a AHA or FBT
What is the difference between an Assured Tenancy and an Assured Shorthold Tenancy?
s21 provisions are not available under AT’s, and on succession in certain circumstances can be permitted.
How do you succeed an Assured Tenancy?
If still within fixed term, tenant can pass the tenancy on within their will.
If periodic, a spouse or heir can succeed if they were living with the tenant at the time of death.
If a residential tenancy agreement is silent on the Tenant’s repairing obligations, are the responsible for anything?
No obligations other than those implied by common law -
To use the premises in a tenant like manner
Not to commit waste (not to cause damage, or allow any damage to be caused)
To what standard should landlords of the private rented sector keep their properties in line with?
Section 9A of the Landlord and Tenant Act 1985, inserted by the Homes (Fitness for Human Habitation) Act 2018 states that homes have -
No damp
Up to date with repairs
Good stability
Ventilation
Water supply
Natural Lighting
Drainage and sanitation
Facilities for food
No hazards under the Housing Health and Safety Rating System (Housing Act 2004)
What happens if a landlord is served a Housing Act 2004 improvement notice?
Usually the date of remedial actions shouldn’t be sooner than 28 days. Failure to comply / remedy can result in fine of up to £30,000, a banning order or rent repayment.
