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APC > Property Management/Leasing + Letting/ Landlord + Tenant > Flashcards

Property Management/Leasing + Letting/ Landlord + Tenant Flashcards

1
Q

When were PRT’s introduced? Under what Act?

A

PRT’s were introduced on 1st December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016

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1
Q

Which act governs the gas safety in residential properties?

A

Gas Safety (Installation and Use) Regulations 1998

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2
Q

How long does a PRT last?

A

There is no end date

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3
Q

What are the grounds for eviction under a PRT that require 84 days notice?

A
  • LL intends to sell the let property
  • Property to be sold by lender
  • Extensive refurbishment
  • LL to use for non-residential purpose
  • Property required for religious worker
  • Tenant has stopped being (or has failed to become) an employee
  • Tenant no longer needs supported accommodation
  • Tenant has breached a term of the tenancy agreement
  • Tenant is in rent arrears over three consecutive months
  • Overcrowding statutory notice has been served on LL
    LL intends to live in the let property
    LL’s family member intends to live in the let property
    LL has had their registration refused or revoked
    LL’s HMO licence has been revoked
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4
Q

What are the grounds for eviction under a PRT that require 28 days notice?

A

Tenant has a relevant criminal conviction
Tenant has engaged in relevant antisocial behaviour
Tenant has associated in the let property with someone who has a criminal conviction or is antisocial
Tenant is no longer occupying the let property

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5
Q

Are there any exceptions to new residential tenancies that would not be given a PRT?

A

Agricultural tenants
Service occupancy/tied accommodation

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6
Q

Who can carry out the gas boiler service? What must be done with the certificate? How often must it be done?

A

A qualified gas engineer
Certificate must be provided to the tenant
Annually

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7
Q

Who can carry out an EPC inspection? How would you check the person was qualified or insured? What must you do with the certificate? Are there any exceptions where you wouldn’t need to renew an EPC?

A

An accredited domestic energy assessor (can be found on EPC register)
You can ask for their qualification certification and insurance documents - required to be an approved contractor anyway
Certificate must be provided to the tenant and displayed in property listing
Don’t need to renew an expired EPC if the tenant is remaining in situe and you aren’t making any changes

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8
Q

What would you look for in a property inspection?

A

External:
Gutters, roof tiles, chimney stacks, stone re-pointing, window frames, garden, gates, fences, door frame, access to property

Internal:
Dampness, check smoke/heat/Co2 alarms, windows/window frames, cracks in walls/ceilings, mould, hazards

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9
Q

Did you take any immediate safety precautions for the tenant’s when you saw the crack in the ceiling plaster?

A

I asked them not to sit at the table under the crack and instructed an approved contractor to inspect as soon as I left the property

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10
Q

What does an approved contractor have to provide to be on the approved list?

A
  1. Rural Division Supplier Approval Questionnaire
  2. Evidence of public liability insurance to £5m
  3. Certification / Registrations - relevant for the work they carry out
  4. Risk Assessment - dated within the last 12 months
  5. Construction Phase Plan - dated within the last 12 months
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11
Q

How often do contractors have to provide compliance documents?

A

Annually

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12
Q

Which Act prevents you from passing on a tenant’s details to a contractor without their permission?

A

Data Protection Act 2018

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13
Q

Which Act introduced grazing licenses? How long can they be? How much notice must you give a grazing tenant to remove?

A

Agricultural Holdings (Scotland) Act 2003
364 days maximum
Contractual

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14
Q

What happens if a grazier stays on the land longer than 364 days?

A

Converts to an SLDT with a 5 year term (commencing from the start date of the grazing license)

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15
Q

Can you use a grazing license field for breeding and storage?

A

No

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16
Q

What must a license plan show?

A

A north arrow, a scale bar, the tenant’s date and signature

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17
Q

Which act introduced SLDT’s?

A

Agricultural Holdings (Scotland) Act 2003

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18
Q

Do you need planning permission for an STLL property?

A

Only within Edinburgh City Council

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19
Q

What are the different compliances for an STLL and a PRT?

A

STLL does not require the EPC rating that PRT’s are due to in 2025, however we expect they will in due course.
STLL requires a floor plan (to scale), a soft furnishing list and a fire risk assessment.

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20
Q

What counts as upholstered furnishings?

A

Any furniture with a soft cover/protector such as chairs with cushions, mattresses, soft bed frames

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21
Q

What were the Heads of Terms for the lease with the forestry contractor?

A

Landlord
Tenant
Property information
Term
Rent
Rent Review
Late payment
Access
Use
Non-Domestic rates/taxes
Insurance
Planning Permission
Break clauses
Dispute resolution
Termination

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22
Q

What sort of conflict of interest was the conflict with the forestry contractor and the sitting tenant?

A

Confidential Information conflict

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23
Q

Was there no other tenants in the steading? Was there residential properties? Who lived in the farmhouse?

A

No
There was one farmhouse within the steading, occupied by the gamekeeper for the estate

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24
Q

What is a service occupancy?

A

If the employee is required to occupy the accommodation for the better performance of her/his duties, s/he will have a service occupancy

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25
Q

What is a service tenancy?

A

The term does not have a special legal meaning, but is a general one to describe an occupier who also happens to be employed by their landlord.

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26
Q

You mentioned the sitting tenant had breached their lease - how? Were they given a chance to rectify this?

A

They were using space out with their leased area to store vehicles and materials. They were given a written warning prior to the forestry contractor approaching the Estate and asked to tidy up and keep their belongings within their leased shed.

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27
Q

Who can undertake a PAT test?

A

No legal qualification required however your PAT tester must be competent to test your electrical equipment.

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28
Q

Did the forestry tenant require planning permission for the lease of the steading? Was there any consideration to access and noise?

A

Under updates to Town and Country Planning (General Permitted Development) (Scotland) Order 1992 I understand that there is no requirement for full planning permission. However I did include in the HoT’s that any planning permission required, including prior notice and prior approval, would be the sole responsibility of the tenant’s to obtain.

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29
Q

Is there a difference between managing an LLP to managing an estate owned by a sole beneficiary or limited company?

A

The Terms of Business must specify precisely who my client is.

When taking instruction, it is important that it is clear who has the responsibility for doing what. In this situation, I contact the managing director of one of the partner firms, who is the delegated contact for almost all decisions to be made.

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30
Q

What standard must a residential property meet before it can be rented?

A

The repairing standard

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31
Q

What measures are required by the repairing standard?

A

meets the tolerable standard

wind and watertight and reasonably fit for human habitation

structurally and externally in a reasonable state of repair and in good working order

fixed heating system that is plumbed in or hardwired

installations for the supply of water, gas, electricity are in a reasonable state of repair and in good working order

free of lead pipes from the boundary stopcock to the kitchen tap

fittings, fixtures or appliances supplied by the landlord are in good working order

furniture provided by the landlord can be used safely

satisfactory provision for and convenient access to spaces for food storage and food preparation

common parts can be safely accessed and used

common doors are secure and fitted with satisfactory emergency exit locks

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32
Q

What is determined by the tolerable standard?

A

be structurally stable

be substantially free from rising or penetrating damp

have satisfactory provision for natural and artificial lighting, for ventilation and for heating.

have satisfactory thermal insulation

have an adequate piped supply of wholesome water available within the house

have a sink provided with a satisfactory supply of both hot and cold water within the house

have a water closet, or waterless closet, available for the exclusive use of the occupants of the house

have a fixed bath or shower and a wash-hand basin with hot and cold water

have an effective system for the drainage and disposal of foul and surface water

have a supply of electricity, where electricity is supplied to the property, that is safe to use

have satisfactory facilities for the cooking of food within the house.

have satisfactory access to all external doors and outbuildings.

satisfactory equipment installed for detecting fire

satisfactory equipment installed for detecting carbon monoxide

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33
Q

What compliance checks must a property must pass before it can be let out?

A

MUST:
Gas Safety Certificate (where applicable)
Electrical Installation Condition Report
Legionella RA
Energy Performance Certificate
Portable Appliance Test (where applicable)
Working and interlinked smoke, heat and Co2 alarms

Good Practice:
Chimney sweep certificate (where applicable)
Oil Boiler test

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34
Q

Which Act introduced the Tolerable Standard? And which Act introduced the Repairing Standard?

A

Section 86 of the Housing (Scotland) Act 1988

Chapter 4 of the Repairing Standard (Housing) (Scotland) Act 2006

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35
Q

What are the requirements for PAT for landlords?

A

Any electrical device provided by the landlord must be undergo portable appliance testing annually.

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36
Q

What are some examples of tenants responsibilities in relation to health and safety?

A

To report any damage and repairs required to the landlord or their agent

To allow contractors to enter the property for any compliance works or general repairs

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37
Q

What are the latest fire detection regulations introduced and when did these come into force?

A

From 1st Feb 2022 all properties in Scotland (regardless of tenure) must have:
Smoke alarm on each floor
Heat alarm in kitchen
Carbon monoxide alarm in any room with solid fuel burning appliance and flue
Furniture provided must have fire safety labels

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38
Q

What new EPC regulations have been introduced to private rented properties and when will they come into force?

A

C by 2028 (initially 2025 but amended due to covid)
Landlords should still aim for 2025 if financially reasonable

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39
Q

What are the insurance responsibilities of a landlord and tenant in a residential property?

A

Unless the property is in a tenement (in which the landlord must have the appropriate building insurance) then there are no legal obligations

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40
Q

How much does a planning application cost?

A

Less than 2.5 ha = £600

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40
Q

In terms of planning permission, what is required for an agricultural shed?

A

Require pp if shed is larger than 1000 sqft or higher than 12m
Change of use
Substantially alter appearance
If there is new access or a car park
If it is to be used for horses
If there is a slurry structure within 400m of a building occupied by a 3rd party
If it is a development within 25 of a trunk road

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40
Q

What property terrier do you use and what information is held on this?

A

APR

Tenant name, address and contact information
Landlord name
Compliance checks
Rent review dates
Start date of tenancy
Rent demands

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41
Q

What is a suitable level of expenditure to spend on repairs and maintenance of properties, as a percentage of income?

A

15-20%

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42
Q

How does your firm deal with deposits for PRT’s? What are the 3 deposit schemes available?

A

Transferred into Safe Deposit Scotland within 30 days of receiving them.

Safe Deposit Scotland, mydeposits Scotland and Letting Protection Services Scotland

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43
Q

If a traditional 1991 act tenancy is converted to a Limited Duration Tenancy or MLDT, what is the minimum term?

A

25 years

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44
Q

What must a tenant do in order to have a right to buy under a 1991 Act tenancy?

A

Send a notice of interest to the keeper of the register of community interests in land and the landlord

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45
Q

Which act introduced Short Term Limited Duration tenancies

A

Agricultural Holdings (Scotland) Act 2003

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46
Q

What are the minimum and maximum terms of a Limited Duration Tenancy?

A

Minimum term of either 10 years (if created after 22 March 2011)
or 15 years, if created before.

There is no maximum period for an LDT

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47
Q

What are the minimum and maximum terms of a Modern Limited Duration Tenancy?

A

Minimum term is 10 years, and there is no maximum term.

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48
Q

Which Act introduced Modern Limited Duration Tenancies?

A

Land Reform (Scotland) Act 2016

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49
Q

Under which agricultural tenancies does the tenant have the right to buy?

A

1991 Act

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50
Q

What types of compensation might be payable to the tenant at termination of a 1991 act tenancy?

A

Waygo - tenants improvements and relinquishment of the tenancy

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51
Q

Under which tenancies is assignation permitted?

A

With landlord consent - 1991 Act, MDLT, LDT

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52
Q

Under which tenancy is subletting allowed

A

Only contractually / with landlords permission

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53
Q

What is the maximum duration of an SLDT?

A

5 years

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54
Q

What happens if a tenant remains in occupation for more than 5 years under an SLDT?

A

Automatically becomes an MLDT with a term of 10 years starting from the date the SLDT commenced

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55
Q

Is diversification permitted under an SLDT?

A

No

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56
Q

Which tenancy can the landlord contract out of repairing?

A

A repairing tenancy

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57
Q

Which act introduced repairing tenancies?

A

Land Reform (Scotland) Act 2016

58
Q

What are the landlord and tenant responsibilities in relation to fixed equipment under agricultural tenancies?

A

Landlord must provide fixed equipment which must be in a good state of repair

Tenant must maintain fixed equipment and keep it in good working order

Landlord undertakes renewals, tenant undertakes repairs

59
Q

Which section of the Private Housing (Tenancies) (Scotland) Act 2016 addresses rent reviews?

A

Part 4 Chapter 1

60
Q

What were the Tenants amnesty dates?

A

13th June 2017 to 12th June 2020 extended to 12th December 2020

61
Q

What are the 3 main categories for improvements under agricultural tenancies?

A

Part 1 - improvements for which the landlords consent is required
Part 2 - those for which the landlord must be given prior notice
Part 3 - improvements for which neither consent nor notice is required

62
Q

Give me some examples for part 1 improvements

A

Laying down of permanent pasture.
Making of gardens.
Planting of orchards or fruit bushes
Making of embankments and sluices against floods.

63
Q

Give me some examples for part 2 improvements

A
  • Erection, alteration or enlargement of buildings, making or improvement of permanent yards, loading banks and stocks
  • Land drainage.
  • Making or improvement of farm access or service roads, bridges and fords.
  • Making or removal of permanent fences, including hedges, stone dykes and gates.
  • works to dwellings
64
Q

Give me some examples for part 3 improvements

A
  • Liming of land.
  • Consumption of feed not produced on the holding by horses, cattle, sheep, pigs or poultry.
  • Protecting fruit trees against animals.
  • Eradication of bracken, whins or broom growing on the holding at the commencement of the tenancy
65
Q

Which schedule in the Agricultural Holdings (Scotland) Act 1991 outlines tenants improvements that may be payable in compensation?

A

Schedule 5

66
Q

Which parts were eligible within the tenants amnesty?

A

All as long as the works were carried out prior to 13/06/2017 and after 01/11/1948

67
Q

What might landlords be able to claim against the tenant for at waygo?

A

Dilapidations to the land, houses or buildings

68
Q

What must a tenant serve in advance of termination of tenancy in order to claim for compensation for improvements?

A

Notice of intention to relinquish to the landlord and tenant farming commissioner

69
Q

What are the Scottish tenancy dates?

A

Whitsunday - 28th May
Martinmas - 28th November

70
Q

What are a landlords responsibilities in terms of fixed equipment for a limited duration tenancy?

A

Landlord will repair and renew fixed equipment as rendered fair wear and tear
Tenant to maintain fixed equipment

71
Q

What are a landlords responsibilities in terms of fixed equipment for a modern limited duration tenancy?

A

Contractual

72
Q

Why were MLDT’s introduced?

A

New entrants can have a break clause at 5 years so it is more flexible for both parties

73
Q

When did MLDT’s come into effect?

A

30th November 2017

74
Q

What is a repairing tenancy?

A

A tenancy allowing a tenant to lease a rundown/dilapidated farm for a low rent to allow tenants to repair it

75
Q

What is the minimum term for repairing tenancies?

A

35 years

76
Q

What is the repairing period?

A

At least 5 years

77
Q

If the landlord and tenant cannot come to an agreement on rent review, what are the next steps?

A

First step is professional mediation
Then arbitration, expert determination or Land Court

78
Q

What are the main differences between mediation, arbitration and expert determination?

A

A mediator isn’t there to come to a decision themselves or impose a solution on the parties whereas an arbitrator is an expert on the subject and makes a final legally binding decision themselves after considering the cases the parties put forward.

Expert determination involves an expert on the subject analysing the situation and making their own decision without the parties input. Their decision is not necessarily binding and is generally used for more technical issues than legal.

79
Q

What was the tenants amnesty process?

A

An amnesty process allowing agricultural tenants to complete a form of all the improvements carried out through the tenancy to agree on for payment at waygo

80
Q

On what grounds may a landlord object to a tenants improvement?

A

If the improvement is repairing maintenance the tenant is responsible for

If the improvement does not fall under the list in Schedule 5 of the AHA 1991

81
Q

What should a rent review notice for an agricultural tenancy include?

A
  • date
  • the names and designations of the landlord and the tenant of the agricultural holding,
  • name and address of the holding
  • current rent
  • proposed rent
  • date rent is to be agreed by
82
Q

What is the date the rent would increase for 1991 Act tenancies?

A

The ish date

83
Q

When must a rent review be referred to the Land Court if no agreement can be made between the parties?

A

1 tenancy year after the notice was served if agreement has not been reached, however they must apply before notice expires.

Only the party who initiated the review can apply to take it to Land Court

84
Q

What factors should be regarded in an agricultural rent review?

A
  • current economic conditions in the relevant agricultural sector
  • comparables and factors affecting comparables
  • increase in rental value of holding from non ag purposes
85
Q

Give some examples of what should not be regarded in agricultural rent reviews

A

Tenants improvements to the holding

Any increase in rental value due to a scarcity of available holdings

Reduction in rental value due to dilapidations

86
Q

Do Landlords need to check tenants have the right to rent in Scotland?

A

No, only in England and Wales

87
Q

How would I know the electrician I am instructing is qualified to carry out EICR’s?

A

Select qualified

88
Q

What year is the Repairing Standard coming into Agricultural residential properties?

A

March 2027

89
Q

How would I know the gas engineer I am instructing is qualified to carry out gas checks?

A

Gas Safety Register

90
Q

What would you expect to see on an EICR?

A
  • Details about the premises that were tested and who they were tested by
  • Any limitations (for example, if only a proportion of the installations were tested or if some circuits were not able to be turned off)
  • Whether the inspection was satisfactory or unsatisfactory (i.e. ‘pass’ or ‘fail’)
  • A breakdown of all the issues identified and the classification codes.
  • An inspection schedule showing what has been tested and the results of each test
91
Q

Tell me about CDM regulations? What are they?

A

Construction (Design and Management) (CDM) Regulations are in place to improve the management and co-ordination of H&S at all stages of a construction project.

HSE to be notified via an F10 form if a project is to:
- last longer than 30 construction days with 20 or more workers working simultaneously on site
- be more than 500 ‘person’ days of construction; or
- involves demolition

92
Q

Tell me about asbestos?

A

There are 3 types: brown (amosite), blue (crocidolite) and white (chrysolite).

White was banned in 1999 and the others in 1985

Key legislation is The Control of Asbestos Regulations 2012

Two types of survey - management survey and refurbishment/demolition survey

Duty holder (owner or tenant is full repairing lease) is responsible

93
Q

How much notice must you give a PRT tenant before you can visit/inspect a property?

A

48 hours

94
Q

How would you deal with a PRT tenant in £10k of arrears ?

A

Notice to Leave based on Grounds of being in more than 3 months arrear
Eviction order

95
Q

If a residential tenant got into 3 months arrears, how would you manage this?

A

I would point my tenant to the “I cant pay my rent” page on the Scottish Government website.

I would then issue an Eviction Notice whilst also following the pre-action protocols by issuing letter 1 to engage with the tenant and advise them of their rights, I would then issue letter 2 to try and create a payment plan and letter 3 to agree on the payment plan.

If this is not adhered to or the tenant does not engage I would persist with the Eviction Notice and expect the tenant to remove on a specified date (6 months from Notice being served).

96
Q

Who can carry out a Legionnaires Risk Assessment?

A

A competent person - someone with a sound knowledge of the heating system

97
Q

When does works need to be reported H&S executive?

A

If there are over 30 working days and 20 staff on site
Or if it is over 500 working days
Or demolition is involved

98
Q

Why would you recommend grazing licenses to your client?

A

Claim APR
Claim BPS
Regain VP quickly
Flexibility
Freedom of contract

99
Q

Can you assign an SLDT? Can it be left in a will?

A

No cannot assign but can be left to a spouse, child, sibling or parent.

100
Q

What is a tenant’s improvement?

A

Works the tenant has carried out on the holding to erect or improve fixed equipment that classifies as an improvement under Schedule 5 of the 1991 Agricultural Holdings Act

101
Q

What is a tenant’s fixture?

A

Works the tenant has carried out to the holding which don’t qualify as tenant’s improvements under Schedule 5 of the Ag Holdings (Scotland) Act 1991 or are surplus to the holdings requirements

102
Q

What is a fixed equipment analysis?

A

An analysis of the fixed equipment on the holding to assess if there is an appropriate level / variety of fixed equipment to farm the holding efficiently.

103
Q

Who can inherit a PRT?

A

Spouse or civil partner as long as:
- they have been living in the property as their only or main home at the time of the tenant’s death, and
- the tenant must have already notified the landlord

A common law partner as long as:
- they must have been living in the property as their only or main home for at least 12 months without any breaks up to the tenant’s death, and
- the tenant must have already notified the landlord

Any qualifying family members who are at least 16 years of age when the tenant dies can inherit the tenancy, if:
- they have been living in the property as their only or main home for at least 12 months without any breaks up to the tenant’s death, and
- the tenant must have already notified the landlord

104
Q

How are tenant’s fixtures treated at the end of the tenancy?

A

The tenant has the right to remove tenant’s fixtures and can do so up to six months after the expiry of the lease if two conditions are met:

  • rent is paid and all other obligations are met
  • LL has been given at least one month’s notice of the intention to remove

The landlord has an absolute right of purchase and the tenant cannot refuse to sell the fixture or building to the landlord.

If the tenant removes the fixture or building, the removal must not do avoidable damage to any other building or part of the holding, and any such damage must be made good

105
Q

What must happen with a CDM file throughout the works?

A

A CDM file must be maintained during construction and passed to the occupier/owner of the building, containing all aspects of H&S information

106
Q

What are some of the statutory obligations a commercial property owner has?

A

Asbestos management
Contamination
Equality Act 2010 compliance
EPC
Fire safety
Building safety
H&S
Legionnaires disease
Occupiers’ liability
PAT
Waste management

107
Q

What are the 5 steps to take when dealing with asbestos in a property?

A
  1. Duty holder must assess if premises contains asbestos/where/what condition
  2. Risk to be assessed and asbestos management plan to be produced
  3. Produce an asbestos register
  4. Make register available to all parties who may disturb it
  5. Review the register every 6 months
108
Q

How would I carry out a rent review for a PRT?

A

Issue a rent review notice 3 months in advance of the proposed notice date
I would only increase the rent by a maximum of 6% just now however you can increase to 12% in certain circumstances
Unless the tenant objected, I would increase the rent demand 3 months later

109
Q

How would I carry out a rent review for an Short Assured Tenancy

A

Check the lease to see if there is a rent review clause, if there is, follow the rules set out in the clause.

If there is not, you must issue a Notice to Quit to end the tenancy on an ish date (usually need 2 month’s notice) and an AT2 notice giving 6 months’ notice of the rent increase. Can only be increased once a year.

110
Q

Which section of the Housing (Scotland) Act 2014 refers to EICR reports?

A

Section 23

111
Q

What temperature should water be stored at to kill Legionella bacteria?

A

60 degrees Celsius

112
Q

Tell me about the recent updates to the Repairing Standard?

A
  • test for lead in the water, should have no lead pipes between boundary stopcock and kitchen tap
  • fixed heating system in every property
  • must provide safe food prep and storage areas
  • properties must have a residual current device
113
Q

Tell me about lead pipes in properties?

A
  • water should be tested at all outlets where water may be consumed between the boundary stopcock and the kitchen tap
  • max allowance is 10 micrograms per litre
  • Scottish Water must replace pipe work that has lead in it between their connection and boundary stop cock
  • LL must replace any lead pipes past the boundary stop cock
114
Q

Tell me about a landlord’s ability to increase rent under a PRT

A
  • can increase by any percentage

If a tenant objects must go to a rent officer:
- If the gap between the market rent and the current rent is 6% or less, then the landlord can increase the rent by the proposed amount, as long as this is not more than the market level.
- If the gap between the market rent and the current rent is more than 6%, the landlord can increase the rent by 6% plus an additional 0.33% for each percent that the gap between the current rent and market rent exceeds 6%. However, the total rent increase cannot exceed 12% of the current rent.

115
Q

How would I carry out a rent review for an Assured Tenancy

A
  • serve an AT2 form stating the proposed new rent and the date it will take effect
  • must usually give 6 months’ notice of the new rent.
  • If tenant doesn’t agree can apply to The First-tier Tribunal for Scotland (Housing and Property Chamber), who appint a committee
  • Must be done before the proposed rent increase date
  • Committee will decide rent
  • reviews must be 1 year apart min
116
Q

What are the 7 steps of a 1991 Act rent review?

A
  1. Initiating
  2. Farm Inspection and Discussion
  3. Written Proposal
  4. Written Response
  5. Further Discussions
  6. Professional Mediation
  7. Resolution
117
Q

What is the difference between RPI and CPI?

A

CPI and RPI both measure price changes, but CPI excludes some housing costs (such as mortgage interest and council tax) that RPI includes, usually resulting in RPI showing higher inflation.

118
Q

In what situations would you not need to renew an EPC?

A

If the tenant stays in situe after expiry
Service occupancy
Agricultural tenancy

119
Q

What is the purpose and benefits to the client of undertaking annual property inspections?

A

To ensure property meets repairing standards
To check for issues the tenants may not have reported
To check the tenant is not breaching their lease
To spot and deal with problems before they become bigger issues

120
Q

From what date did new regulations come in regarding Fire Risk Assessments in holiday lets in Scotland?

A

1st October 2023

121
Q

What household items must be included in a fire risk assessment for a STLL?

A

Upholstered items:
cushions
pillows
furniture
beds
mattresses
headboards
sofa beds

This includes ensuring the upholstered furniture has a fire-resistant filling material, the cover fabric passes a match resistance test, and the cover fabric and filling material pass a cigarette resistance test.

122
Q

Were you carrying out viewings of the steading before issuing a NtQ on the sitting tenant?

A

We were in discussions with the tenant about their arrears and they had advised they were actually looking to move to a smaller unit in the next 5 or 6 months.

Therefore although the NtQ had not been served, there were open and transparent discussions underway about the tenant moving unit within the estate.

123
Q

You state that you have had the responsibility of carrying our annual inspections, please tell me how you would carry out a property inspection for a residential property?

A

Book the inspection in within at least 48 hours notice
Add it to my calendar shared with my team and let them know

Inspect externally first, looking at the garden, fence/gates and access - ensure all safe and in working order
Inspect external of property, looking at chimney stacks, cracks in the walls, cracks in window pains, requirements for re-pointing
Then internally looking for mould/rising damp, cracks in walls, everything in working order

124
Q

When arranging repairs for commercial properties, what should you do in advance of instructing a contractor?

A

Check the lease to see who’s responsibility the repair is

125
Q

What do you understand by a CPP?

A

A construction phase plan is a plan used to monitor and improve the Health & Safety throughout a construction project

126
Q

When managing grazing agreements what are the management responsibilities of your client?

A

Generally to provide adequate fencing, water connection and drainage
Lime/fertilise the field as required
Spray the field as required

but can contract out of some responsibilities

127
Q

Given that you have had experience in managing residential property portfolios what do you understand about routine maintenance and please provide some examples?

A

Routine maintenance is required to carry out checks and maintain properties
- painting of window sills, gutters and drain pipes
- roof checks each year
- painting the property

128
Q

Explain to me how you terminated the lease on the farm steading for the forestry contractor?

A

Checked the lease for the NtQ period and served a written NtQ with 2 months notice

129
Q

Please provide me with some examples of items that require PAT testing

A

Kettle, washing machine, toaster, fridge, microwave, tumble drier, lamps

130
Q

The tenant that was in arrears, had there been a process to prevent this from happening? What had you attempted to do to recover these arrears?

A

We had written to the tenant previously advising he had fallen into arrears and tried to begin discussions as to how he wished to repay these

131
Q

By permitting a forestry operation, did your client have to inform their insurers of the change?

A

We advised the Estate insurance that the steading was now being leased in full for a forestry contractor to store equipment

132
Q

What Health and Safety considerations did you implement into the lease with the forestry contractor?

A

Contractor was to ensure buildings remained safe to work in and use
Contractor was to ensure they followed basic H&S protocols for their employees, sub-contractors and visitors for a working site
Employers Liability insurance

133
Q

How did you change your communication style when speaking with the lease holders versus your client?

A

Client was an Estate that I worked in the office of once a week so this was done in person
Contractor usually emailed but as they were working on the estate we had them in to the office for a few meetings too

134
Q

Explain how you would advertise a property for let?

A
  • ensure the property met the relevant standards and had the required certificates to be compliant
  • take pictures
  • advertise on Rightmove/OnTheMarket etc displaying landlord registration, property info and EPC
  • handle enquiries and arrange viewings
135
Q

When should a letting agent have registered the deposit with a deposit scheme?

A

Within 30 days of receiving it

136
Q

Tell me what you understand by the Equality Act and how you consider this when letting properties?

A

The Equality Act 2010 outlines that you cannot discriminate against 9 protected characteristics:
- Age
- Gender reassignment
- Sex
- Sexual orientation
- Race
- Religion or belief
- Disability
- marriage and partnership
- Pregnancy and maternity

When selecting a tenant to recommend to my client I would ensure I do not discriminate against any of the above characteristics

137
Q

What alongside the PRT must you provide to your tenant in advance of the tenancy starting?

A

Gas Safety Certificate (where applicable)
EICR
EPC
PAT report (where applicable)
Legionella guidance

Easy-read notes for the Scottish Government model tenancy agreement

138
Q

When carrying our property inspections, how are you managing your own personal safety?

A

Advise my team of where I am going, when and who I am meeting
Text my team group chat when I arrive and when I leave properties
Savills use ‘Everest’ code word
Carry personal protection alarm
Complete RA
Allow tenant to enter the room first and stand nearer the door
Park car facing outwards and always have keys to hand

139
Q

Can a tenant pay their rent in cash?

A

Technically yes up to 10,000 euros however Savills policy states that I cannot accept cash

140
Q

You discuss break ins for a property you were managing, what recommendations did you make to your client?

A

I recommended installing a more robust padlock on the gate, installing flood lights throughout the property and signs warning of CCTV being in operation

141
Q

How did you assess comparables for the rent review? How did you make adjustments?

A

I made adjustments depending on location, land classification, fixed equipment condition and size of the holding

142
Q

What is the difference between a PRT and an SAT?

A

PRT has a no fault eviction ban, can only evict for 18 specific reasons
PRT has no term, continues until ended by one party

143
Q

How do you determine the difference between damage and fair wear and tear in a property?

A

Fair wear and tear refers to the natural deterioration of a property and its contents due to normal, everyday use over time whereas damage refers to destruction or harm caused to the property beyond normal use, often due to negligence, accidents, or intentional acts.

144
Q

How far should a CO2 detector be from a heating appliance?

A

Between 1 and 3 metres

145
Q

Tell me about Short Assured Tenancies

A

2nd Jan 1989 - 30th Nov 2017
Last a specified period of time, can run in tacit relocation though
Rent reviews are contractual
Tenant must gives 40 days NtQ
Landlord can initiate a no fault eviction but tenant does not have to move out unless the first tier tribunal issues an eviction notice

APC (6 decks)

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