Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

APC > Residential Tenancies > Flashcards

Residential Tenancies Flashcards

1
Q
  1. What types of residential tenancies can you have and under what legislation?
A 
•	Housing Act 1988:
o	Assured Shorthold Tenancy
o	Assured Tenancy
o	Assured Agricultural Occupancy 
•	Rent Act 1977:
o	Rent At tenancy 
•	Rent (Agriculture) Act 1976
o	Rent Agriculture Tenant 
•	Common Law Tenancy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
  1. When did ASTs become the mandatory type of residential letting?
A

From 28th February 1997.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q
  1. When did the Housing Act 1988 become effective?
A

15th January 1989.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
  1. What are the key differences between an Assured Tenancy and an Assured Shorthold tenancy?
A

Assured Tenancy:
• Security of tenure
• Use a court order to evict
• Succession
Assured Shorthold Tenancy:
• Fixed period where tenant is protected from rent reviews, termination e.g. 6 months
• Rolling tenancy where a S.21 Notice can be served

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
  1. What are the key features of an Assured Tenancy?
A
  • They were the standard tenancy between 15th January 1989 – 28th February 1997
  • Provided security of tenure
  • One succession
  • Need a court order to evict
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q
  1. When can a tenancy not be an AST?
A 
•	Date – before 15th January 1989 
•	Rent 
o	Less than £250 per year 
o	More than £100,000 per year 
•	Use 
o	Business Use 
o	More than 2 acres 
o	Agricultural Holding 
o	Student let / holiday cottage
o	If part of the property is resided in by the LL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q
  1. Is it possible to have an unwritten AST?
A 
Yes. 
Tenant can request a statement in writing which details: 
•	Start date 
•	Rent 
•	Date the rent is payable
•	Rent review provisions 
•	Length of the fixed term
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
  1. What are the key features of an AST?
A
  • No security of tenure
  • Automatic tenancy after 28th February 1997
  • Available between 15th January 1989 – 28th February 1997 = S.20 (2) notice was served.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q
  1. How can you vary the rent?
A
  1. RR provisions within the tenancy agreement
  2. Agree a new rent
  3. S.13 Provisions – serving prescribed notice (Form 4)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
  1. Can you have a rent review during the fixed term?
A
  • If the parties agree to a new rent

* If there are rent review provisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q
  1. If there are no rent review provisions, how can a landlord review a rent during the Statutory Fixed Term?
A
  1. Agreement

2. S.13 of Housing Act 1988 provisions – serving a prescribed notice on the tenant, using Form 4.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  1. What is the minimum period for serving a notice under S.13?
A
  • If the tenancy period is 1 year = 6 months notice
  • If less than 1 month e.g. 1 week, 2 weeks = 1 months notice
  • Anything other, notice period is equivalent to the tenancy period.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  1. What is the name of the body that deals with:
    a. Variation of tenancies
    b. When T deems the rent to be too high
A

Rent Assessment Committee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
  1. What is the name of the form used to serve a RR for AST and what does it contain?
A 
Form 4: Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England.
•	Tenant 
•	Property
•	Landlord 
•	Proposed Rent 
•	First Rent Increase after 11th Feb 2003
•	Date new rent will apply 
•	Services – council tax, water
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  1. If a landlord serves a S.13 Form 4, but the T does not want to accept, what can they do?
A
  1. Don’t have to agree

2. Serve a Form 6 and refer it to Tribunal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q
  1. If the fixed period had ended and the LL wanted to vary the terms of the rent, what could you do?
A

Form 1 notice – vary the terms of the agreement for the Statutory Periodic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  1. What can the tenant do if they feel the rent is too high?
A
  1. Speak with LL

2. S.22 – can refer matter to Rent Assessment Council, who view review and provide market rent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q
  1. Your client has advised they wish to undertake a rent review. What would you do?
A
  1. What type of tenancy is it?
  2. When was a rent review last served?
  3. If it is an AST or AT, is it in fixed or statutory periodic stage?
  4. Are there rent review provisions?
  5. Either use RR provisions, agree or serve a Form 4 as per S.13 requirements
  6. If it is a Rent Act 1977 – need to submit RR1* form.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
  1. Can a tenant be evicted in the first months of an AST?
A

No – ‘protected period’ of 6 months.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q
  1. How would you get vacant possession of an AST tenancy?
A

a) Fixed Period – S.8 Court Order
b) End of Fixed Period
a. Landlord – 2 month’s notice
b. Tenant – no notice required
c) Statutory Periodic Tenancy – S.21

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q
  1. On what grounds could a Landlord serve a S.8 notice to get a court order to terminate the tenancy during the fixed period?
A

Schedule 2 of Housing Act 1988.
Part 1: Mandatory Part 2: Discretionary
1. The Landlord requires the property at their principle home

  1. The mortgagee requires vacant possession of the property to sell with vacant possession
  2. Where fixed term is no more than 8 months, at the beginning of the tenancy the LL advised this ground might be served and in the 12 months prior to the lease, the property was a holiday let
  3. the tenancy was for less than 12 months in the property was used for letting to students during the 12 months before they start the tenancy
  4. property is required for a minister of religion to live in
  5. Landlord intends to carry out major redevelopment of the property
  6. Tenancy is a periodic tenancy which has been inherited following the death of the original talent and possession is sort within 12 months of death
  7. the rent is in arrears of at least two months where rent is paid monthly or at least three months where rent is paid quarterly or yearly. The Rays must be outstanding date of notice and to the time of the hearing.
    1. Suitable alternative accommodation is available for the tenant
  8. the rent was in arrears at the date of the notice and some rent remains unpaid at the date of proceedings
  9. the talent is persistently late in paying the rent whether arrears are actually due at the date of proceedings
  10. tenant has broken or not performed obligations with tenancy
  11. the condition of the properties deteriorated due to the tenant’s neglect
  12. the tenant or person residing in the property is caused recent to annoyance two person living in opposite in the locality
  13. 14a) landlord is registered social landlord and one partner has left the house due to violence buy another partner
  14. condition of furniture providers had deteriorated
  15. property was left to the tenant by reason of his employment and employment has now ceased
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q
  1. What are some of the common grounds for eviction under Schedule 2 of Housing Act?
A

6 – Major redevelopment
8 – Rental Arrears of more than 2 months
10 – Rental Arrears and some monies are not payable
11 – persistently late in paying rent
12 – Tenant has broken obligations
13 – Property has deteriorated due to tenant’s negligence
17 – let for employment but employment has now ceased

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q
  1. How much notice does the tenant have to give at the end of the fixed term if they intend to leave?
A

They don’t, unless the tenancy specifies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q
  1. How much notice does the LL need to give to terminate the tenancy at the end of the fixed term?
A

2 months’ notice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q
  1. How much notice does a LL need to give to terminate the AST via a S.21 notice?
A

Fixed Term – No more than 2 months before the last day of the fixed term period.
Statutory rolling - 1 months’ notice (on the basis that the statutory periodic tenancy rolls on month to month.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q
  1. How much notice does the T need to give the LL when on a statutory periodic tenancy?
A

1) If rolling tenancy is weekly = 4 weeks notice
2) If monthly = 1 month
3) If more = 3 monthly, 3 monthly notice

27
Q
  1. How can you serve a S.21 notice?
A

a) Form 6a:
a. Notice stating LL requires vacant possession
b. Tenant Name
c. Date must vacate
d. Information of what happens if they do not
e. Landlord information
b) Written Notice

28
Q
  1. What happens if the tenant does not vacate by the possession date?
A

Court proceedings to gain vacant possession – S.21 (1) or (4).
The S.21 notice does not actually require the tenant to move out by the possession date.
If the S.21 notice is invalid = tenant could remain and not have to pay for eviction.

29
Q
  1. What form would you serve to use S.8 NtQ?

Form 3.

A
  • Tenant Name
  • Address
  • Ground for possession
  • Explanation
  • When court proceedings may begin
  • LL’s details
30
Q
  1. What must a S.8 notice contain to be valid?
A
  1. Correct notice period
  2. Date after which court proceedings can begin
  3. Reason for possession
31
Q
  1. How much notice is required for a S.8 notice?
A

Depends on the ground. Usually 2 weeks, however anti-social behaviour for example, has no notice so the LL could contact the court immediately after serving the notice.
Previously was 4/6 months under Coronavirus Act 2020, unless:
- Rental arrears – more than 6 months
- Anti social behaviour
- Violence
- No right to rent

32
Q
  1. What impact did the Coronavirus Act 202 have on rental notices?
A 
March 2020 – 1st June 2021 = 6 months’ notice period (before court proceedings underway)
1st June – 1st October = 4 months’ notice period 
1st October = 2 months. 
S.8 Notices: 
Exceptions applied for:
-	Rental arrears of more than 6 months 
-	Violence 
-	Anti-social behaviour 
-	Right to rent issues
33
Q
  1. What documents need to be served with an AST?
A
  1. EPC
  2. EICR
  3. Gas Safety Report
  4. How to Rent Guide
  5. Inventory
34
Q
  1. Headings in Residential Letting Terms of Engagement?
A
  1. Landlord
  2. Property
  3. Term
  4. Rent
  5. Fees
  6. The Agreement
  7. Fees and payment of
  8. Authority to Act
  9. Advertising
  10. Attending Court
  11. Client Obligations
  12. Event of a Sale
  13. Holding Deposit
  14. Deposit
  15. Early termination of tenancy
  16. Rental Arrears
  17. Client Money
  18. Complaints Handling Procedure
  19. Equality Act 2010
  20. GDPR
  21. Anti Money Laundering

APPENDIX: MANAGEMENT FEES
e.g. £270 plus VAT for drafting AST
£18 plus VAT for viewings

35
Q

What is the process of letting a property?

A
  1. MARKET APPRAISAL
    Advise on rent, tenancy period, works to be undertaken.

Condition – any renovation works required prior to lease? E.g. new carpets, repainting.

Certificate check – check whether let previously/whether certificates are in place?
Health and Safety at Work Act 1974

Residential Real Estate Agency, 6th Edition, September 2018

Private Rented Sector Code of Practice
2. TERMS OF ENGAGEMENT
Check ToE are in place

  1. CERTIFICATES IN PLACE
    Check:
    a. EPC – valid
    b. EICR – valid
    c. Gas Safety Certificate – valid/when next check needs to be undertaken
    d. Smoke Alarms and Carbon Monoxide Alarms – in good working order
    e. Open Fire – Chimney Swept
    f. Outbuildings – cleared of rubbish
    Energy Efficiency (Private Rented Sector) (England and Wales) Regulations 2015

Energy Efficiency Standards in the Private Rented Sector (England) Regulations 2020

Gas Safety (Installation and Use) Regulations 1998 as amended 2008

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

  1. MARKET THE PROPERTY
    Confirm property is ready to be marketed, check rent and terms with client before pulling together marketing information/brochure.

Agent must clearly display their marketing fees in branch and in terms of engagement. Consumer Protected from Unfair Trading Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Town and Country Planning (Control of Advertising Regulations) 2007
5. PROPERTY LIVE AND ARRANGE VIEWINGS
Property made live and viewings arranged
a. (EPC must be requested before marketing)
b. Particulars must have the numerical aspect on of an EPC.
c. If tenant’s still in occupation – best practice to give 24 hrs notice

Pet Protection Bill
Equality Act 2010
6. EXPRESSIONS OF INTEREST MADE
Provide LL with information regarding all people who have expressed an interest in renting a property.
LL choses one party to proceed with.
Check:
- Pets
- Permitted occupier
- Do they foresee any problems with referencing checks?
7. RIGHT TO RENT CHECK
Tenant and Permitted Occupiers.
Immigration Act 2014.
8. REFERENCING CHECKS
Take holding deposit (1 weeks rent)
Copy of passport and utility bill of all parties – tenant and permitted occupiers.
Use a third party referencing company, who send the applicant a link to fill in details.
Tenant Fees Act 2019
9. IF UNSUCCESSFUL – RETURN HOLDING DEPOSIT WITHIN 7 DAYS

  1. IF SUCCESSFUL – DRAFT AST
    Holding deposit is held until credited to first months rent
    AST drafted.
    Relevant certificates are attached to AST.
  2. INVENTORY UNDERTAKEN
    Just before occupation.
    Attached to AST Appendix.
  3. AST SIGNED
  4. DEPOSIT PAID AND PLACED INTO TDS/DPS/MYDEPOSIT WITHIN 30 DAYS
    Tenant Fees Act 2019
  5. ARRANGE TO MEET WITH TENANT – KEYS AND INTRODUCTION TO PROPERTY
    Take meter readings – if haven’t been taken already.
36
Q
  1. What headings might you see on a referencing report?
A
  1. Client Name
  2. Property Address
  3. Date
  4. Applicant to be registered and their current address
  5. Are they registered to current address?
  6. Adverse credit?
  7. Any CCJs?
  8. Linked properties.
37
Q
  1. What must an agent consider when taking an instruction from a landlord?
A
  1. Conflict of interest checks
  2. Correct advice
    a. Truthful, accurate and unbiased
    b. Rental values = realistic rental conditions considering market conditions,
  3. CPUT
  4. Confirm Identity of LL
  5. Scope of Work
  6. Terms of Engagement
38
Q
  1. What is a CCJ?
A

County Court Judgement

39
Q
  1. What headings might you see in particulars for residential let?
A
  1. Property Name and Address
  2. Rent per calendar month
  3. Photo
  4. Location Plan
  5. Locality description
  6. Accommodation e.g. each room and proportions
  7. Services
  8. Terms and Conditions
    a. Rent
    b. AST
    c. Deposit amount
  9. Local Authority
  10. Council Tax
  11. Viewings
  12. Agent
  13. Particulars
  14. Disclaimer
40
Q
  1. What should you consider when contacting tenants/arranging works for tenants?
A
  • Reasonable hours of the day
  • Give good notice e.g. 24 hrs
  • Confirm in writing
  • Tenants have right to quiet enjoyment of their home = do not disturb
41
Q
  1. What is the proposed Pet Protection Bill?
A
  • Stop landlords from rejecting tenants because of pets.
  • Tenants would have to get a Responsible Animal Guardianship certificate.
  • Landlords could register as exempt if they/tenant have religious beliefs/medical issues with dogs or if the property is too small.
42
Q
  1. How do you ensure not to discriminate when leasing a property?
A

Consider every tenant on a case by case basis and avoid any blanket policies which prevent certain people applying to properties. We do not discriminate when booking in viewings and advise landlords that we cannot have a blanket policy e.g. no benefits.

43
Q
  1. What is the main legislation when leasing a property?
A

MEES The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

Electrical Installation Condition Reports
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
Gas Safety Gas Safety (Installation and Use) Regulations 1998 as amended by the Gas Safety (Installation and Use) Regulations 2018 – 6th April 2018.

Smoke and Carbon Monoxide The Smoke and Carbon Monoxide Regulations (England) Regulations 2015

Private Water Supply
The Private Water Supply Regulations (England) 2016
Private Drainage Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014 – introduced General Binding Rules.

Furniture Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended, most recently 2010.

Deposits.
What a Landlord can charge. Tenant Fees Act 2019 – 1 June 2019.

Condition of properties Homes fit for Human Habitation Act 2018
Identity Checks Immigration Act 2018

Money Laundering Checks The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Producing Particulars Consumer Protection from Unfair Trading Regulations 2008
Business Protected from Unfair Trading Regulations 2008

For Let Boards Town and Country Planning (Control of Advertisements) Regulations Act 2007

44
Q

What are the requirements of the Town and Country Planning (Control of Advertising) Regulations 2007?

A 
Board must be:
•	Within curtilage of the property 
•	Only 1 board 
•	Residential Boards 
o	0.5m24
o	Two joined boards = 0.6m2 
•	Commercial Boards 
o	2m2 
o	Joined Boards = 2.3m3
•	Must be 1m from the property 
•	Maximum height of the board must be no more than 4.6m from the ground 
•	In conservation area = 3.6m
Must be removed 14 days after completion/tenancy agreed.
45
Q
  1. What are the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended?
A 
Ensures that furniture meets:
•	specified ignition levels
•	Correct labelling 
1.	Filing material = ignition levels 
2.	Upholstered material = cigarette resistant 
3.	Match resistant 
4.	Fixed labels
46
Q
  1. What information would you find on an EPC?
A 
1.	Property Address 
Rating and number 
Validity until 
Certificate Number
Property Type 
Size of the property 
2.	Chart
a.	Current 
b.	Potential assessment 
3.	Breakdown of energy performance and costs 
4.	Environmental impact of the Property 
5.	Recommended works to improve the energy rating 
6.	Energy Saving and Cost Saving 
7.	Assessors Name and Accreditation
47
Q
  1. Please can you give me an example of recommended works and costings from an EPC that you have gained?
A

Lane Ends Farmhouse:

  1. Internal Wall Insulation = £4,000 - £14,000
  2. Floor Insulation (Solid Floor) = £8,000
  3. Low energy lighting = £65
48
Q
  1. What is a Right to Rent check?
A

Immigration Act 2014
Landlord/agents (if instructed in writing) have to check that a tenant has a right to rent in England before leasing property to them.

49
Q
  1. How can you undertake a Right to Rent check?

Manually or electronically.

A

I would refer to the government’s Right to Rent check document which gives examples of what is permitted and what is not.

50
Q
  1. What information must you get from contractors before using them/adding them to ‘Approved Contractors Database’?
A
  1. Public Indemnity Insurance
  2. Professional Indemnity Insurance
  3. Employer’s Liability Insurance
  4. Health and Safety Risk Assessment
  5. Relevant qualifications with governing bodies
    a. NICEIC
    b. Gas Safe Register
    c. OFTEC – Oil Firing Technical Association
    d. DEA – Domestic Energy Assessor
51
Q
  1. What are the relevant RICS guidance regarding letting a property?
A

RICS – Blue Book – Residential Real Estate Agency, 6th Edition, September 2017
PRIVATE RENTED SECTOR CODE OF PRACTICE

52
Q
  1. When did the Tenant Fees 2019 become effective?
A

1st June 2019.

53
Q
  1. What are the only things that the tenant can now pay for?
A
  1. Rent
  2. Refundable holding deposit
  3. Refundable deposit
  4. Changes to the tenancy agreement (tenants request) - £50 cap or reasonable costs if higher
  5. Payments associated with early termination (tenant’s request)
  6. Council tax, utilities, communication services, TV license
  7. Default fee for late payment of rent
  8. Cost to replace key
54
Q
  1. How long can you hold a holding deposit for?
A
  • 15 days

* Longer if agreed with application

55
Q
  1. What happens to the Holding Deposit if:
    a. Applicant is successful
    b. Applicant is unsuccessful
    c. Applicant has been misleading/decide not to proceed/do not respond with reasonable information
A

a. The holding deposited is credited to first month’s rent
b. Holding deposit must be returned in 7 days
c. If – decide not to proceed, have been misleading, do not respond with reasonable information = Landlord can keep.

56
Q
  1. Who enforces the Tenant Fees Ban?
A

Trading Standards are based within local authorities and enforce consumer rights.

57
Q
  1. What happens if anything other than the 8 allowed fees are taken by LL?
A
  1. Cannot use S.21
  2. Recoverable through courts
  3. Courts can find LL up to £5,000 for initial error and up to £30,000 therafter.
58
Q
  1. What are the government schemes that you must put a deposit into?
A
  1. TDS - Tenancy Deposit Scheme
  2. DPS – Deposit Protection Scheme
  3. My Deposit
59
Q
  1. How much can a landlord take for your deposit?
A

Up to 5 weeks rent.

Annual rent more than £50,000 = 6 weeks rent.

60
Q
  1. How long does a landlord have to put your deposit into a protected scheme?
A

30 Days of receiving it.

61
Q
  1. After agreeing what deposit will be returned to the tenant, how long does a landlord have to provide the deposit back to the tenant?
A

10 days

62
Q
  1. What Information must a landlord give you regarding your deposit?
A
  1. landlord / letting agent - contact details
  2. property address
  3. deposit amount
  4. how the deposit is protected
  5. name of scheme, contact details for scheme and schemes dispute resolution
  6. why you might not be able to get all of deposit back
  7. How to apply to get the deposit back
  8. dispute regarding deposit
  9. what happens if landlord is not contactable at the end of the tenancy
63
Q
  1. What happened Lord has not put the tenancy deposit into a government scheme?
A
  1. A S.21 notice will not be valid
  2. If tenant applies to the court (N208 Form)
    a. landlord has to repay deposit to tenant
    b. enter into an appropriate scheme
    c. pay tenant three times the amount of the deposit

APC (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions