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