Section 1 Agency Terms Flashcards

1
Q

How can contract arise between agent and landlord

A

Express app
Ratification
Estoppel
Implication of law

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2
Q

What’s express app

A

Straightforward written or oral contract

Best to have written contract Nd have landlord to sign this

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3
Q

Ratification

A

Landlord ratified contract if they agree to contract that agent created without landlords app

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4
Q

Estoppel

A

Landlord is prevented ( estopped) from denying agent is acting for them if they indicated to third party that agent is acting for them

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5
Q

Implication of law

A

Agent has to act in emergency as agent of necessity

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6
Q

Which regulation allows consumer to cancel contract

A

Consumer contract regulation 2013 for contract from 13.06.2014
Breach 5k

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7
Q

What agents contract needs to incorporate

A

14 day cooling off period
Agents needs to give
Notice of right to cancel
Form of cancellation notice to be filled in

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8
Q

What’s fine if you fail to give notice if right to cancel notice

A

Max 5k

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9
Q

Introduction only service - list responsibilities

A
Market property
Show applicants around 
Take references 
Draw up tenancy agreement 
Ensure tenancy is signed 

Extra payment can be also taken for
Draw up inventory and schedule of condition
Conduct check in of the tenant

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10
Q

Let and rent processing - list

A

All from introduction +
Taking and protecting deposit ( also can be under introduction only)
Passing all rents received
Sending rental statements
Writing to tenants if they fall into arrears
Accounting to HMRC if appropriate

Some agents will also include serving of noticed and checking tenants out

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11
Q

Let and management
Dealing with dah to day repairs
Arranging for gas n elect safety checks
Transferring utility accounts onto new tenants
Periodic visits
Preparing schedule and cost of damages at end of property
Negotiating betwwwn parties over damages
Extra charge for :
Obtaining possession
Representing landlord in court
Overseeing refurbishment work

A

Dealing with dah to day repairs
Arranging for gas n elect safety checks
Transferring utility accounts onto new tenants
Periodic visits
Preparing schedule and cost of damages at end of property
Negotiating betwwwn parties over damages
Extra charge for :
Obtaining possession
Representing landlord in court
Overseeing refurbishment work

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12
Q

Additional agency services

A

Pre letting contract
Empty property
Obtaining consent

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13
Q

Mortgagee consent

A
Tenancy must be no more than 12 months 
Tenancy must be ast 
Copy of draft of ta
Details of new tenant 
Admin fee payable
Tenant must abide leasehold if freehold covenants
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14
Q

Freeholder consent

A
Not to sublet
Not to let sharers 
Restriction on number of occupants 
Restriction on length of tenancy 
Payment of fee
Frehomder musg see draft
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15
Q

Consent from insurance

A

U must advise that you are letting

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16
Q

Right to rent

A

Fine 3k

17
Q

What should agent do u set CPR

A

Make sure landlord understands obligation
Agency terms conditions
Max I go about property

18
Q

Consumer contract regulation 2013

Regulation 36

A

Client up request agency to start to perform contract immediately

19
Q

Agency services are regulated under which act

A

CPR

20
Q

CPR

A

Consumer protection from unfair trading regulation 2008