Summaries of experience (optionals) Flashcards
What are the different types of lettings?
Commercial
Residential
Agricultural
What are the different forms in which these are documented?
Commercial Lease
Assured Short Hold Tenancy
Assured Tenancy
Farm Business Tenancy
AHA tenancy
Grazing/mowing Licence
Tenancy at Will
What is your understanding of the Agricultural Tenancies Act 1995?
Reformed the AHA 1986 act to allow for more flexible agricultural tenancies.
What does the Landlord and Tenant Act 1954 govern?
Business Property
What did the Housing Act 1988 introduced?
Assured Short Hold and Assured tenancies.
What are the wider economic impacts on the lettings market?
What is the Deregulation Act 2015?
Bought in to combat relaitory evictions on tenants, by enforcing tighter restrctions on s.21 notices.
What are Right to rent checks and how would you undertake them?
A check to ensure that the person is who they say they are and have the right to rent in this country.
I would;
- Check ID and Address
- Money Laundering checks
What is a how to rent Guide/checklist?
This guide is for tenants and landlords in the private rented sector to help them understand their rights and responsibilities. It provides a checklist and more detailed information on each stage of the process, including:
- what to look out for before renting
- living in a rented home
- what happens at the end of a tenancy
- what to do if things go wrong
Why is it important to provide a tenant with a how to rent checklist and EPC with their tenancy?
To ensure that the tenancy is valid and allows for s.21 notices to be served.
Do you execute new tenancies and renewals?
Depends on the type of tenancy and its term. Generally executed by a qualified colleague or solicitor
How do you handle tenants deposits?
Ensure that they are lodged in a Government backed scheme such as Tenancy Deposit Scheme and prescribed information is given to the tenants within 30 days.
Do you personally under take the credit checks and how do you do this?
I haven’t personally undertaken credit checks as they have been outsourced. However, I would
What would you include in a schedule of condition for a residential property?
- Extensive photos of the property showing any defects/issues
- Photos of the services and location of meter, stop tap etc.
- Condition of the garden and any outbuildings.
Ensure signed by both Landlord and Tenant.
How do you know that the tenant is satisfied with the schedule of condition?
They will sign and date.
What are the requirements for a let residential property?
- EPC or E or above
- Valid EICR
- Smoke and Carbon alarms
- Gas Safety Check
Where are smoke and carbon alarms required?
- Smoke alarms on every habitable floor
- CO alarms near every combustible installation
Smoke and Carbon Alarm regulations 2022
When might a PAT test be applicable to let residential property?
If it is let with white good such as fridge or washing machine.
How does the Agricultural Tenancies Act 1995 vary from the Agricultural Holdings Act 1986?
ATA allows more flexibility and landlord/tenant can agree on virtually all terms with no minimum size or term. No succession rights as within AHA 1986.
What are the different notice periods for FBT?
if the agreement is less than two years, it should end automatically.
If the agreement is over two years, a notice must be served at least 12 months before term date.
When would a tenant register a tenancy at Land registry?
If it is over 7 years.
Why was the AST you drafted for only 6 months?
Client preference to have a short fixed term with periodic provisions, no intentions to evict but liked the flexibility.
What was the market rent for the property that previously had repairing clauses?
£1,000 from £350
How did you get to the new market rent figure?
By looking at similar properties on the estate and considering their rental amount and also local comparables
What works were required that could have been carried out by estate staff?
- Works to the driveway (potholes)
- External render patching
- Cosmetic works
What is strategic land and why might this impact a tenancy term length?
Land that is set for future development.
Needs flexibility for VP
Did you execute the 5 year FBT?
No, as it was to be executed as a deed.
In this case, as there was no need to register at Land registry a qualified colleagued executed.
What were the HoTs for the commercial lease you assisted with?
- Tenant and their solicitors details
- Landlord and their solictiors details
- Property demise
- term
- Rent and review clauses
- S.24-S.28 clauses
- break dates
- permitted use
- Repairs
- Insurance
- Alienation
- End of tenancy
- Other conditions
What is the importance of serving a notice under S.24-S.28?
To avoid falling into security of tenure
When must a notice be served under s.24-s.28?
14 days before the tenancy commences.
Did you contract out of security of tenure in this case (fishing ponds)?
Yes
What are the main points of the Landlord and Tenant Act 1954?
Regulates the relationship between landlord and tenant for commercial properties. It establishes the rights and resposbilities for each party and governs aspects such as Lease, rent reviews and compensation. The act provides security of tenure for business tenants.
What is the relevant legislation to Health and Safety at work?
The Health and Safety at Work act 1974
What type of insurances are contractors required to have?
Public Liability Insurance
Employers Liability Insurance
How do you ensure that residential property is fit for current and future tenants?
By ensuring that works are carried out to a maintainable standard and that the properties are not generic to one tenants needs.
For example, I had an elderly tenant who required a new walk in bathroom downstairs, for ease of access. I ensured that this was designed in mind for future tenants to a modern standard.
How do you ensure that let residential properties are maintained appropriately?
By carrying out annual property inspections
What act sets out landlords obligations in regards to repairs and maintenance?
Landlord and Tenant act 1995
What section can you find landlords repairing obligations?
S.11
What is the difference between Planned and Reactive works?
Planned works are generally included in an estate plan and budget. Such as replacement windows, external decorating cycle etc.
Reactive works are more immediate and generally reported by the tenant/contractor. May include remedial works following a failed EICR.
Give me and example of emergency works you have actioned?
- Water leaks
- Blocked Toilets
- Broken locks
What is the importance of ensuring works are invoiced when budgeted for?
To keep on track of estimated spend for estates and inline with money in the client account.
How do you keep in contact with contractors?
- Visiting on site or on the telephone
What do you do if works are behind scheule?
Inform the client straight away and look to see if works can be sped along.
What would you include in your weekly update to clients?
- Updates to the client on the activities on the estate throughout the week including works, any arrears, issuses with tenants etc.
What do you look for on property inspections?
Any issues in the property either caused by the tenant or general wear.
Checks of smoke and CO alarms inc dates
What legislation covers damp in homes?
Homes fitness for Human Habitation
How would you manage works or damaged found on property inspections?
- Identify the cause and refer to the tenancy agreement for responsibility
- report to the client and obtain quotes for the works
- Instruct works and recharge tenant is necessary.
How did you conclude that the structural works would be invasive for tenants in situ?
- Structural report confirmed that works were required internally and externally which would create lots of noise and mess.
How did you serve the section 21 notice on the tenants?
By serving a form 6a with two months notice.
How would the refurbishment allow for a higher market rent?
The property was in average condition and in a poor layout. A refurbishment would allow for reconfiguration to allow for better living spaces.
Were the tenants responsible for any of the remedial works in the farmhouse?
Not for the structural works, but for some cosmetic works such as window replacement.
What are the legal requirements surrounding electrical testing on residential property?
Must have an EICR test every 5 years which must be satisfactory.
What livestock where at the farm that needed someone to live there?
Young dairy calves
Why were you required to instruct a project manager?
As part of my firms work policy, any works over classed as type 2 (structural in this case) were required to be managed by a project manager.
How did you regularly liaise with the parties involved in this project.
Regular site meetings, emails and phone calls.
What is a JCT contract?
An agreement used in construction that establishes the rights, duties and liabilities of the parties involved in the construction project
What sort of description did you include in emails for invoices and why was this important?
Breif description of the works carried out since the last invoice. Important so that the client could see there was progress between the large invoice amounts.
What are the reasons for a valuation?
- Tax Planning
- Asset Transfer
- Secured Lending
- Buying or selling
- Rent review
When might a valuation not be red book?
- Market Appraisal
- Negotiation purposes
What is the purpose of the RICS red book?
To provide members and clients with consistency, objectivity and transparency.
What are the standards under the RICS red book?
what is IPMS?
International Property Measurement Standards
How would you become a RICS registered Valuer?
Either;
- Do Valuation to level three and be nominated by firm
or;
- Apply with the application form
- Valuation based record of experience
- Case study & CPD
- Must be signed off by registered valuer
What is your firms level of PII insurance?
£5 Million
What would you inlcude in a Terms of Engagement for a valuation?
Status and Identification of valuer
Client
Any other intended users
Purpose of Valuation
Asset to be valued
Basis of Valuation
Method of Valuation
Fee
CHP
PII
What do you include in your valuation research prior to an inspection?
- Planning history and restrictions
- Designation checks
- Land registry Title
- EPC
- Council Tax/Business Rates
- Flood Risk
- Radon register
What sort of constraints may a property have?
- Restrictive covenants
What sort of planning discrepancies would you be looking for?
- Construction without permission
- Buildings change of use
Do you inspect properties alone?
No - with an RICS valuer
What would your detailed notes include on a property inspection?
- The condition of the property and any relevant outbuildings
- Services to the property
- Measurements of rooms
- Construction of the property
- Access/neighbours/boundaries
What services would you be making note of?
- Electricity
- Water (Mains/Private)
- Drainage (Mains/Private)
- Heating system
What affect might the use of neighbouring property have on the value?
Depends on use. If the neighbouring property is used as a rubbish tip, it would likley have a detremental impact on the property value.
How do you amend properties based on the comparables?
What would you include in a secured lending valuation?
- Normal Information
- Loan details
- Recommendation on security for lending
What is a special assumption?
Assumes facts that differ to those existing on the valuation date
What is a yield?
The annual return on an investment expressed as a percentage of the capital value
What yield did you apply to the commercial property in Worcestershire and why?
8% as seen as low risk.
Would the house qualify?
No, as not running the farming operation from there
What reliefs would be likely on the 3 acres of agricultural land?
Agricultural Property Relief
What is the average value of land in your area?
Pasture - £8,000 - £10,000
Arabale - £10,000 - £12,000
What is the definition of Market Value?
The estimated value which a property should expect to achieve between a willing buyer and a willing seller in a open market transaction
How do you apply a yield?
What yield did you apply to the garden centre valuation?
10% as seen as medium risk for an investor
What are the different methods for sale?
- Private Treaty
- Informal Tender
- Formal Tender
- Auction
- Off Market
When might someone sell their property off market?
- When they already have a purchaser lined up or they are looking for more privacy then another method.
How do you ensure that you are completely transparent when marketing a property?
- Ensuring that any information relied up by the vendor is discloused in the marketing particulars.
What information do you need to include when marketing a property
- Property demise
- Services
- Rights of way, wayleaves and easements
- description
- method of sale/method of letting
- tender deadline is appropriate
- guide price
- any relevant planning
- abestos if present
What does ‘The Consumer Protection from Unfair Trading Regulations 2008’ protect against?
What are the main rules under Misleading Marketing Regulations 2008
What did you include in terms of engagement for the church sale?
What was the fee basis for the church sale?
Hourly fee plus disbursements based on time sheet recording.
Why did you choose hourly fee?
Due to the amount of work involved and the nature of the sale. Unsure if it would be successful and how long negotiations would take.
What did you include in the particulars for the church?
- Description of the property
- Boundary to be disposed of with plan
- Tender type and deadline
- Tenure
- Fixtures and fittings
- Graveyard disclaimer
- Services
- Local Authority
- Veiwings
- Health and Safety
Why did you proceed with Informal Tender?
- Gave the vendors the opportunity to understand the intended use for the property
- Allowed a period of time for decisions and negotiations
What did you need to consider when recommending tenders to your client?
- Nature of the proposed use for the church
- Proceedability
- Offer amount
What would have been the tax benefits of purchasing the land at auction for your client?
Agricultural Property Relief
What sort of rental income would you have expected to see from the new land?
£50-£60 per acre. Limited as on the levels so floods.
How did you look at budgets and realistic returns for the land?
The land was marketed at £xxxx
Were you successful at auction?
Unfortunately not.
What would you need to consider when conducting viewings at Agricultural Property?
- Moving machinery
- Livestock
- Potential asbestos
- Slurry Stores
- Electric fences
What type of Livestock Farm in Gloucestershire?
Breeding Ewes
What type of agricultural systems would you typically find in your area?
Primarily livestock with supplementary arable.
What types of soil types are there?
Clay
Silt
Loam
Peat
Chalk
What grant payments are available?
Sustainable Farming Incentive
Countryside Stewardship
What has happened to the Basic Payment Scheme?
It has been phased out with delinked payments from 2024 - 2027
How might this affect farms?
- new schemes require a more active management strategy
Were there any dilapidations at the end of the tenancy?
No, property was in poor condition at the start of the tenancy
How did you decide on the appropriate farming system for the holding?
- The size and usability of the buildings
- The amount of land and condition
- Poor fencing across the entire holding
What works were required to the buildings before re letting?
- General works such a guttering, roof sheets etc
What current regulations would affect the farm?
Slurry Storage Regulations - not enough capacity on the farm for requirements
Why did you choose informal tender?
- Flexibility for my client
- Allows for some negotiations
Why was the holding not appropriate for a start up dairy enterprise?
- Due to the likely high costs that would be required for any incoming tenant
What would establishment costs be for a start up diary?
- Cost of starting a herd
- New parlour
- Sourcing a milk contract
What enterprises would have been suitable to the holding?
Beef or sheep
What did you include in the particulars for the property?
- Description of the holding
- Plan of the property
- services
- guide rent per annum
- Rights of way, wayleaves and easements
- Viewing arrangements
- Agents details
- Tender details
How did you set the guide rent per annum?
Based on surrounding council holdings and wider comparable in the area
Why did you only hold two viewing days?
- No need for more, they were well advertised and bought lots of interest
what impact did the borrowings or financial input from a tenant have on decision making?
Wanted to be sure that this would not affect them affording the rent
What impact did any tenant requiring financial impact have on the decision?
Client was not in a position to be investing lots of money in to the holding
Why did you need to consider the occupants of the farmhouse?
The farmhouse would need to be let as part of the farm business tenancy, to the tenants. We could not grant any other occupancy agreement for the house as it would give them a right to buy, under council rules.
What did you include in the Head of Terms for the diary farm?
- Landlords and tenants details including solicitors
- Property demise
- Term
- Rent per annum
- any other charges
- Fees
- Break clause
Why did you send the tenancy to the solicitors for preparation as a deed?
Because it was over 7 years in term.
What is the difference between a wayleave and easement?
What do public and private right of ways include?
What are the notice periods required under the WIA?
What powers does the Gas Act 1986 enforce?
What powers does the electricity act 1989 enforce?
What would you do if the appropriate wayleave or easement was not in place?
What practicalities for works did you consider with utility companies?
What might be included in a standard compensation claim?
How would you document you initial site visit before works started?
In a record of condition
Why would you not rely on the utility companies record of condition?
May be biased as they will be the ones to be claimed against
What is a statutory undertaker?
What notice did the statutory undertaker give you to upgrade their pipes?
42 Days
How did you agree an area for compound and at what rate?
By negotiation and practicalities on site @ £150 per week.
Did the animals continue to graze?
Yes
Why did the statutory undertaker purchaser the area taken and at what cost?
Purchased the land taken for ease @ £5,000
Was any compensation due to the tenant?
No.
How did the claimant spend their time?
- Telephone calls with myself
- Liasing with contractors directly
- Letter correspondance
How were the professional fees calculated?
On a time basis, supported by time sheets
Why did the claim take 6 months?
Statutory undertakers agents were slow at responding and not very accommodating with negotiations.
what did the loss include in your claim?
What is the relevant legislation for property management?
What does contracting out of security of tenure mean?
Removing the provision of the tenants having the right to renew at the end of their tenancy agreement.
What are periodic provisions?
Allow a tenancy to continue on a monthly basis (or however often the rent is paid) when over the fixed term period.
Why might you be instructed to not have a rent at market level?
- When a client would like a family member or friend to stay in the property.
- When it is an estate worker
- In return for works carried out.
What other notices can be served for possession on a residential tenancy?
S.8 notice
Why did you give the tenants four months notice when serving their s.21 notice?
Because we were aware that they would not be very receiving of the notice and we hoped that this would soften the blow.
How would the solicitors proceed with court proceedings?
What are the core differences between ATA and AHA?
ATA is much more flexible, landlord and tenant can essentially agree on all matters with no minimum term or size. There are no succession rights granted with an ATA, unlike AHA.
What are the succession rights under and Agricultural Holdings Act 1986 tenancy?
- Two successions available when tenancy is granted before 12th July 1984
How would you carry out a residential rent review?
How would you carry out an agricultural rent review?
What is a memorandum?
A document recording the terms agreed or other legal details. Signed by all relevant parties
What might you expect to charge for an annual grazing and mowing licence?
£60-£70 an acre
What is the renters reform bill?
What effects might it have on your clients as landlords?
How would you terminate an AHA tenancy?
Why did the tenant disagree to the arrears?
Didn’t agree with the amount outstanding. Would not provided bank statements when asked for proof of payment.
Had the tenants been served a notice to pay?
Yes
Why did the local authority change their mind?
Due to the tenant eventually making contact and explaining his situation that he was struggling with finances.
The holding would require a lot of work if it was to be re-let and therefore it was in both parties interests.
How did you negotiate a payment plan?
Negotiated an additional amount each month to be paid towards the arrears. Did this on a realistic basis that the tenant could afford.
