Residential Lettings Flashcards
What are the principle requirements of a tenancy agreement? State any relevant case law.
Exclusive posession / occupation
Offered to a tenant by a landlord
Of a premisis
For a term
Case law: Street vs Mountford - it is the actions Of the parties which is to be considered rather than their intentions or the written agreement
What date was Housing Act 1988 effective from?
15th January 1989
Under what legislation would a tenancy fall if it was created on or before the 15th January 1989?
The Rent Act 1977
What happens when the fixed term of rent act tenancy expires?
The tenancy becomes a statutory periodic tenancy under s.2 of the Act.
What would exclude a tenancy created before 15th January 1989 from being a protected tenancy?
High rateable value or on a high rent (Over £100,000 p.a)
Let on very low rents (less than £250 p.a)
Mixed use properties (resi & commercial)
Properties including in excess of 2ac of agricultural land
Under what basis are rents of Rent Act Tenancies based?
The basis of a fair rent where the scarcity of housing is not considered. Rents are set by the Rent Officer (now VOA)
What are the repairing obligations of a rent act tenancy?
These are outlined in s.11 of the Landlord and Tenancy Act 1985. These provisions cannont be contracted out of.
What security of tenure is afforded to a tenant under a rent act tenancy?
Continuation of the tenancy after expiration of the fixed term on the same terms as the original tenancy. Availability of succesion rights.
If a residential property is let on a Rent Act Tenancy what opportunities for succession exist?
If the original tannt dies before 15th January 1989 - 2 x succession events available
If the original tenant dies after the 15th January 1989 - 1 x succession event available
Succession is generally available to a close fimily member who was living in the property at the time of the death of the tenant.
How can possession be gained if a resi property is let on a Rent Act Tenancy?
Posession can only be gained by Court Order applying to the court under the grounds for possession as laid out in Schedule 15 of the act.
Part I - Discretionary Grounds (only granted if fair and reasonable and alternative accomadation is available)
Part II - Mandatory Grounds (order granted if L/L can prove and meet these grounds)
Under what act were the concepts of Assured Tenancies and Assured Shorthold tenancies intorduced and from when did it take effect?
The Housing Act 1988 - Introduced 15th January 1989.
Describe the principle differences between an AT and an AST.
AT - Security of tenure as possession can only be gained under specific conditions. Opportunity for 1 x succession to a spouse is available under an AT.
No security of tenure or opportunity for succession under an AST. Neither tenancy provides rent regulation.
Describe the creation of AT’s and AST’s and the relevant timeframes.
15th January 1989 to 28th February 1997 - Tenancies created between these dates were AT’s unless expressly created as AST’s by service of a s.20 (2) notice before start of tenancy
28th February 1997 to present day - Tenancies created since 29th Feb 1997 are AST’s unless expressly created as an AT.
How can posession of a property be gained if let under an AT?
Service of a Housing Act 1988 s.8 notice outlining the ground for possession and obtaining a court under under Schedule II of the Housing Act.
Part I - Mandatory Grounds
Part II - Discretionary Grounds (only granted if reasonable to do so and criteria met)
Describe the process of a Rent Review of an AST Agreement.
If in fixed term of agreement - RR can only be undertaken if tenancy allows for it.
If in Statutory Periodic Tenancy - RR as per tennacy or if not as per s.13 of HA 1988.
Rent review notice as per prescribed form.
What are the repairing obligations of an AST agremeent?
As per s.11 of Landlord and Tenant Act 1985.
What does a s.21 (1) notice allow for.
Allows a L/L to gain possession of an AST by serving a 2 month notice. No reason required. No fault eviction.
What form does a S.21 (1) notice take.
Prescribed from as per Form 6A of the Housing Act 1988.
What documents must tenant have been served for a S.21 notice to be valid?
Deposit Protection Scheme Info
Gas Safety Info
Elec Safety Info
How to rent guide
Smoke / CO alarms
What does EPC stand for?
Energy Performance Certificate
How long is an EPC generally valid?
10 years
When is an EPC required.
When a relevant building is to be sold or rented.
For what buildings is an EPC required?
For any buildings designed for human habitiation and / or buildings which include services to modify the environment of a building e.g heating / cooling.
What are the MEES Regulations?
The Minimum Energy Efficiency (Private Rented Property) Regulations 2015
What requirements are introduced under the MEES system.
All rented properties must meet band E of the EPC scale if they are to be let. Applies to new lettings and historic agreements.
When would a property be exempt form meeting the MEES?
If all the reccomended works on the EPC have been carried out and it still falls below the standard
IF the L/L has carried out all works upto the cost cap of £3500
If the first recomended works exceed a value of £3500
If the works proposed would alter the character of a historic building
What are the requirements of a L/L in relation to a tenants deposit?
Deposits can only be a maximum of 5 weeks equivalent rent.
All deposits must be registered with a recognised Tenancy Deposit Scheme and the tenant must be provided with the relevant information of this scheme within 30 days of the deposit being paid.
Under what act are the basic L/L repairing obligations outlined?
s.11 of the Landlord and Tenant Act 1985
What other H&S obligations relate to a L/L letting residential properties?
Fitness for Human Habitation Act - inserts a new section into s.11 of LTA 1985
Gas Saftey Certificate - Annual inspection of any gas applciance required with copy to be provided to tenant
Electrical Saftey - 5 yearly inspection
Ligionellairs Disease
Smoke & CODetectors - Hardwired smoke detector on each level & CO in any room with solid fuel appliance.
CDM - Construction Design Management Regulations 2015
What requirements exisit around private water supplies?
Private water supplies exceeding 10m3/day require 5 yearly inspections by local authority
What requirements must furnishings in let properties meet?
Fire Safety Regulations 1988 as ammended.
What requirements apply to spetic tanks of let properties?
The General Binding Rules 2015
