GoConqr has a new look! Let us know what you think.

Flashcards

The Legal Framework for Residential Lettings - ARLA level 4

Katie Shellard Property ARLA English 143 cards

Cards in this deck (143)

  1. 1What is a license?License – permission to do something otherwise trespass
  2. 2What is a lease?Lease – exclusive possession, rent, for a term.
    Street v Mountford
    Intention to create a legal relationship – eg family members & acts of generosity NOT lease
  3. 3Why is the difference between lease and license important?Lease/license more important in past to gain possession or increase rents. Reinforced by Rent Act (Max Fair Rent) Order 1999
  4. 4How has the PRS developed in the 20th Century?Early 20th C, 90% British housing stock private rented
    Control by Govt started during 1st WW. Private rental declined – increase in local authority
    1980 – right to buy. Tried to stimulate PRS in 1980 with form of Assured Tenancy for new property, insurance Cos and banks. Still fair rents – very few developments
    Housing Act 1988 – developed AS and ASTs. Then Housing Act 1996 default is AST
    Increase in PRS since 1988.
  5. 5What concept is common to Rent Act, Housing Act & tenancies outside RA and HA?Must be for a dwelling house let as a separate dwelling
  6. 6When did Rent Act tenancies end?15th January 1989
    About 45k left
  7. 7What is the succession for a Rent Act?Succeeded by partner/spouse if lived together for 2 years
    2nd succession to child if living there 2 years as an Assured Tenancy
  8. 8Security of tenure for RA?Have to prove 1 or more cases listed in Schedule 15 Parts 1 and II of the Rent Act 1977
    Or demonstrate that it is reasonable in all circumstances to make possession order
  9. 9Rent Act rent reviews: how often & what increase?Apply 1 yr 9m from last
    RPI plus 7.5% first reg
    RPI plus 5% after
  10. 10RAC = Rent Assessment Committee What did they base the rent increase on?Other fair rents locally. Challenged so used market rent.
    Hardship bought
    Rent Acts Max Fair Rent Order 1999
  11. 11What did Housing Act 1988 do for PRS?Ended RA
    Introduced AS and ASTs
    Aim to redress balance and boost PRS
  12. 12How are RR for AS done?RR clauses in fixed term agreement NOT effective in periodic tenancy afterwards.
    Section 13 notice served with min 1 month notice or periodicity or max 6 m
    – if not agreed, referred to FTT. Based on market value for an AT.
    Disregards sitting tenant and tenant improvements in 21 yrs and tenant deterioration & service charge
  13. 13How can LL end an AT? How can tenant end an AT? What succession is there for AT?* Tenant can give notice.
    * LL can use Section 8 Housing Act 1988, schedule 2, discretionary/non
    * Can be 1 transmission of tenancy to spouse/partner resident at death
  14. 14When did ASTs begin?Housing Act 1988 created AST – must be 6 m+, section 20 served, periodic on same terms, section 21, during term can end with section 8 schedule 2.
  15. 15When were ASTs made automatic?Housing Act 1996. Section 20 not req’d. Can be any length. Security of tenure for 6 m. If tenancy not in writing, tenant can ask for statement of terms,; date began, rent date and amount, rent agreements, length of fixed term. LL must reply in 28 day.
  16. 16What tenancies are outside the RA & HA 1988? 12 e.g.s* Rents over £100k, & high ratable value,
    * Low rent of £250 per yr,
    * Not main home,
    *Business tenancies, licensed premises, agri tenancies, student halls, holidays, resident LL, Crown LL, LA LL
    * Board and attendance also excluded.
  17. 17How are non-RA or HA tenancies governed?All governed by CONTRACT LAW &
    Unfair terms in Consumer Contracts Regs 1999 &
    Consumer Rights 2015
  18. 18What info should be included in a COMPANY let?* Term length
    * Rent
    * RR
    * Terminating
    * Assign/sublet
    * Name occupiers.
    * End tenancy at break clause/end period by letter or periodic end with notice.
    Payment from COMPANY
  19. 19Definition of resident LL - 3 things?1 Dwelling house is PART only of building
    2 Not a purpose-built block of flats
    3 LL must occupy other part as main home
  20. 20Holiday lets - how long for?For tax purposes;
    available for 210 days,
    actual let 105,
    same person not more than 31 days in 7m
  21. 21Is a holiday let a lease or license?License - outside of RA 1977 or HA 1988
  22. 22What are premium lease tenancies?Contractual tenancies, low rent and tenant pays a lump sum.
    Rent up front is NOT a premium lease
    Was done for tax advantages by company but now removed and very rare
  23. 23What is the Re-entry and forfeiture clause?Ensures LL is able to end FIXED term lease early if necessary.
    Otherwise, common law has damages, specific performance or injunction.
  24. 24UNFAIR Terms in Consumer Contracts What is defined as unfair? x 9 e.g.s* Exclusion of liability for DEATH/injury
    * Exclusion of LIABILITY for the property *Passing liability to tenants
    * Exclusion of poor SERVICE
    * Short TIME limits for claims
    * Excluding SET-OFFS
    * Excessive rights to ENTER property
    * Retention of PRE-payments
    * Supplier’s right to CANCEL without notice
  25. 25Who enforces the Unfair terms in Consumer contracts?Competition and Markets Authority
  26. 26Terms in a contract must be..? When does it apply from?- Fair
    - Written in plain English
    Contracts from July 1995
    Applies to a SUPPLIER (LL) and consumer (tenant)
  27. 27If a term is INDIVIDUALLY negotiated, will it be unfair?no
  28. 28Core terms in a lease? X 7* Name and address of LL, Section 47 LL and Tenant Act, if non-UK need UK address for notices
    * Tenant’s current address
    * Length of term
    * Address of property
    * Rent – if weekly, need a rent book
    * Payment date and method, eg cheque
    * Deposit amount plus holder, interest arrangements
  29. 29Tenant's covenants are...? x 10* Payment of rent
    * Forward notices
    * Use of property
    * Repairs
    * Not damage furniture, fixtures & fittings
    * Access for the LL
    * Nuisance/annoyance
    * Pets
    * Alienation clause – ie subletting not/allowed
    * Payment of interest for late payments
  30. 30What are the LL's covenants x 3* Quiet enjoyment
    * Insuring premises
    * Repairing premises
  31. 31Additional clauses would be...? x 4* rent reviews,
    * guarantors,
    * grounds for repossession,
    * forfeiture of lease
  32. 32What are EXPRESS and IMPLIED covenants?EXPRESS – set out in lease itself, eg payment of rent, repair, subletting, use
    IMPLIED – implied by law between LL & tenant by case law, statute. Case law – furnished property fit for habitation.
  33. 33What are REAL and PERSONAL covenants?Real – pass on assignment. Almost all are real, touch and concern the land
    Personal relate to parties to lease, eg to do LL’s garden
  34. 34What are POSITIVE, NEGATIVE and USUAL covenants?POSITIVE – involve doing something eg. Pay rent
    NEGATIVE – Not doing something eg not to assign lease, not to alter premises.Will pass on assign
    USUAL – lease not written down and usual covenants decided by the court, eg pay rent, quiet enjoyment, LL to enter property
  35. 35Landlord's IMPLIED obligations? x 3- Quiet enjoyment – Tenant remedies are damages or injunction.
    - Non derogation of grant
    Can’t diminish what has been granted
    - Fitness of premises
    Covenant cannot defeat statute. Furnished property must be fit for habitation at start. Section 11 LL & Tenant 1985
  36. 36Tenants' implied obligations? x 3- To pay rent. May be money or service
    - To pay rates and occupier’s charges
    - Maintenance and repair
    Voluntary (deliberate) & permissive waste (neglect)
    - Allow LL to enter and view state of repair
  37. 37Lord Denning case 1953 said..?Warren v Keen (1953) Lord Denning
    ‘tenant must take proper care of the premises’
  38. 38Law of Property (Misc. Provisions) 1989 require a lease to be..- In writing unless <3yrs, oral
    - Contain 3 Ps, property, price, parties
    Signed in ONE document
  39. 39Signing the lease - two agreements are called...?2 agreements created, called agreement and counterpart.
  40. 40Signing the contract in advance - what needs to be done?May sign in advance & exchange but date not added until date of exchange. Often signed by agent.
    Lease begins once dated. Stamp duty land tax then due
  41. 41Can a 3rd party sign the lease?Yes, any 3rd party must have power or attorney, unless less than 3 yr lease.
    Usual to initial each page.
  42. 42What are the Agricltural worker conditions?-Whole time (35 hrs) or permit worker for 91 out of past 104 weeks
    -Illness, holiday, agreed work < 35 hrs & 13 weeks unemployment/non agri work count
  43. 432 types of agricultural tenancy?- Rent Agricultural Act 1976
    - Assured Agricultural Tenancies 1989
    with low/nil rent outside 1977 or 1988 protection
  44. 44Agricultural security of tenureSecurity of tenure even after employment finishes
    or if property sold
    If more than 2 acres, not Rent Agri or HA
  45. 45How much can the farmer deduct from wages for the accommodation?Income not more than
    £1.50 below the minimum wage
  46. 46Rent agricultural tenancy RR - if not agreed, appeal can be made to...?Rent Officer then FTT
    As for RA, can increase every 2 yrs
    Fair rent reg'd
  47. 47Assured Agri Occupancy - If RR not agreed, appeal can be made to...?FTT
    Can increase every year
    Takes account Assured Agri Occupancy at market rent
  48. 48Live work tenancy is...? What legislation?2015 Small Business Enterprise & Employment Act came into force Oct 2015 allows resi tenants to start business from home.
    LL gives consent to activity without security of tenure.
  49. 49What legislations protects business tenancies? How are RRs done?Landlord and Tenant Act 1954
    Tenant can request new tenancy at end
    RR by agreement, arbitration or independent expert
  50. 50Leases must comply with which legislation? (consumer rights)Unfair Terms in Consumer Contracts Regs 1999 (leases from 1995)
    AND
    Consumer Rights Act 2015
  51. 51Section 47 of LL & Tenant 1987 requires ... ?– LL’s name and address contained in any rent demand
  52. 52Section 48 of LL & Tenat 1987 requires...?Section 48 – UK address for serving notices to be included in lease
  53. 53Weekly rent requires...?LL & Tenant act 1985 – weekly rent needs rent book
  54. 54What is rent?Usually reserved in lease as a monetary payment relating to a time period
    May not be money
  55. 55When is rent due by common law?At end of period if not given in the lease
  56. 56What is a set-off?Permissible to deduct from rent amounts already paid which are the LL's responsibility
  57. 57Improvements and disregards in RR?LL's improvements - include
    Tenants improvements - disregards
  58. 58How is market rent derived?From comparables - locations, style, size, facilities, rent, date rent set
  59. 59Housing Act 1988 notices - section 6 & 22?Section 22 AST excessive rent in first 6m appeal to FTT. Made only once
    Section 6 AT after fixed term allows variation in terms of tenancy by LL or tenant. Within 12m
  60. 60What are the advantages of using the prescribed forms? x 3- No dispute over validity
    - Statutory warning advice included
    - Recipient knows it is official & needs action
  61. 61What does Section 13 do?Varies rent for statuary periodic assured tenancy
    12 months from previous increase
    12 m from start of periodic tenancy unless following fixed term
    Notice - 1m, quarter, 6m
  62. 62FTT determines rent for Section 13 assuming....?- willing LL
    - AT with same periodicity
    - Tenancy starts at period in notice
    - Tenancy terms the same
    Ignores tenant improvements
    Ignores tenant damage
  63. 63What services to Rent Officers provide?- Local housing allowance rates
    - Rental valuations for housing benefit
    - Fair rent determinations
    - Revaluations following improvements
    - Informal rental valuations
  64. 64What did Rent Acts (Max Fair Rent 1999) do?In 1990s fair rents rose above inflation – so Rent Acts (Max fair rent) Act 1999 bought in
    Fair rent rises limited to RPI + 7% first time then + 5%
  65. 65How are fair rents determined by Rent Act 1977?- Age, character, locality, state of repair
    - Quantity & quality of furniture
    - Disregard tenant's disrepair
    - Disregard tenant's improvement
    - Local amenities disregarded
    - Balance between supply & demand
  66. 66First Tier Tribunals can deal with...?- Fair rents appeals
    - Sec 13 HA 1988 increase in rent
    - Sec 22 HA 1988 AST
    - Sec 6 variation of terms
    - Long leases at low rents
  67. 67How can leases be ended? x 3* By common law
    * By contract law
    * By procedures under statute
  68. 68Fixed term tenancies end by common law with...?Effluxion of time
  69. 69Protection from Eviction Act 1977 - what is the minimum notice period?4 weeks by LL or tenant
    For periodic tenancies, must end at end of period
    Must be in writing
  70. 70What tenancies are excluded from the Protection from Eviction Act 1977? x 5- Shared accommodation with LL or in same building as LL’s main residence
    - Temporary accommodation with a license (squats!?)
    - Holiday accommodation
    - Public sector hostel
    - Lease/licenses not granted for money or money’s worth
  71. 71What are the notice periods under COMMON LAW?1 week for weekly **
    1 month for monthly
    3 months for quarterly
    6 months for six monthly/yearly
    ** BUT overridden for weekly by Protection From Eviction so min FOUR WEEKS
  72. 72How can Rent Act 1977 tenancies be ended?- Tenant leaves voluntarily – show no intention to return, take belongings.
    - Can offer an inducement to leave
    - Or Possession order – prove 1 or more cases listed in Sched 15 Parts 1 and 11 of the 1977 act or
    - The tenant refused an offer of suitable alternative accommodation
  73. 73What is forfeiture?Common law remedy available if covenants breached in the lease.
    Re-entry and forfeiture clause included in almost all leases
  74. 74Why is the forfeiture clause important in fixed term tenancies?For contractual tenancies there would be no way to end the lease within the fixed term.
    Only remedy would be damages
  75. 75What does the forfeiture clause end?It ends the CONTRACTUAL tenancy but NOT the statutory tenancy
  76. 76When can 'peaceable re-entry' occur?An option for commercial premises (e.g. co lets).
    But Protection from Eviction Act 1977 requires court proceedings before possession by LL
  77. 77A section 8 notice must...?- In prescribed form.
    - Proceedings must begin within 12m of serving notice
    If notice is 2m, this is extended for periodic tenancies to be same as notice to quit, ¼ ly=qtr etc
    - Wording must be same meaning as Schedule 2 HA 1988- grounds fully set out
    - Warn tenant possession requires a court order and to seek advice. Court proceedings start after sec 8 expires.
    - But Sec 9 gives court power to suspend/postpone any order.
  78. 78What tenancies is forfeiture used for?Contractual tenancies or outside protection of 1977 or 1988 acts.
    RA and HA have set procedures for recovery.
    ONLY LL can use forfeiture
  79. 79When can an accelerated possession order by used?- AST after 15/1/89
    - Original tenant
    - Expired S21
    - LL seeking possession not arrears
    - Tenancy is in writing
    - May need Sec 20 if tenancy pre 1997
  80. 80Rent Act tenancies - breaches LL can prove?SCHEDULE 15 parts 1 and 2 of the Rent Act 1977, mandatory and discretionary
    Discretionary notices before start of tenancy
  81. 81Accommodation Agencies Act 1953 makes it an offence to?Offence to charge prospective tenant to REGISTER or SUPPLY ADDRESS or DETAILS of property
    Ok for referencing/deposits
    Fine of max £5k and imprisonment for 3 months
    OFFERING a property without AUTHORITY
  82. 82Protection from Eviction Act 1977 makes it an offence to...?Unlawful to harass or unlawfully evict a tenant
    -Harassment – interference with peace or comfort of the resi occupier or withdraw services
    - Section 5 – Requires FOUR WEEKS notice of eviction, in writing, with a court order, with advice
    - Section 3 – Eviction only after DUE PROCESS
  83. 83Remedies for tenant for breach of Quiet Enjoyment are?Damages or
    Injunction
  84. 84Protection from Harassment Act 1997 - would cover...?- Threats of violence
    - Withdrawal of services
    - Changing locks
    - Removing belongings
    - Trespass
  85. 85Housing Act 1988 Section 27 & 28 - would cover...?Unlawful eviction
    Allows damages to be claimed
  86. 86Housing Act section 27 sets out..?Damages - difference between value of LL's interest and value assuming tenant has lost right to occupy
    Avoid by reinstating tenant
    E.g. Tagro v Cafane (1991) - changing locks
  87. 87What are LL's defences for unlawful eviction? x 6- Every effort made to contact tenant and obtain letter of surrender
    - Give 24 hours notice of visit in writing
    - No locks changed
    - Check with neighbours
    - Check with referees
    - Post notice saying where new keys are held
  88. 88Law of Property 1925 section 52 requires...?Leases more than 3 yrs to be in writing
    Must be a deed
    Signed as a deed and witnessed
  89. 89Law of Property 1925 section 54 requires...?Lease of less than 3 yrs taking effect immediately
    at market rent
    Does not have to be by deed
    Does not have to be in writing
  90. 90What is an Equitable Lease?If lease is more than 3 yrs and not market rent is not a legal lease but an equitable lease.
    Must have written contract.
  91. 91Law of Property (Misc Provisions) Act 1989 requirements for creation of a deed are?- Do not need a seal
    - Witnessed and signed clearly as deed
    - Contract in writing
    - In one document 3 Ps
    - Basic info; name, address, length of term, rent and period of payment
  92. 92Law of Property Act 1925 – Section 101 allows mortgage companies to..?Allows mortgagee power to gain vacant possession to sell. Also Rent Act 1977 case 11 or HA 1988 ground 2 to be used
    Unauthorized – tenant evicted immediately. Authorised – receiver gets rent then serve S21
  93. 93Mortgage Repossessions (Protection of Tenants) Act 2010– Tenants given 14 days warning to apply to court can then postpone for up to 2m
    Passed due to almost instant evictions under Section 101 and growth of buy to lets
  94. 94Property Act 1925 - Section 146 concerns...?For breaches of covenant other than non-payment of rent, forfeiture must be preceded by a Section 146 Notice
    Must tell tenant how lease breached – ask to put right – ask for damages – give reasonable time
  95. 95Section 196 Property Act concerns...?Method for serving notices:
    - Reg'd post
    - Fixing to premises
    - Leaving at last abode
  96. 96Landlord & Tenant Act 1985 Section 1 Section 2 Section 3 Section 4 Section 5 Section 61. Ll's name & address (individual) req'd
    2. Ll's name & address (corporate) req'd
    3. Details of LL assigning lease
    4. Rent books for weekly payments
    5. Rent book info, name address, rent
    6. As 5 but LL is company
  97. 97LL & Tenant Act 1985 Section 88. Leases <3yrs @ £1 per week - fit for habitation
  98. 98LL & Tenant Act 1985 Section 1111 LL's repair obligation
    - keep structure & exterior in repair
    - installations for gas, elec, water, sanit'tn
    - not to make tenant repair
    - Tenant to allow access with 24hrs
  99. 99What are the tenant's remedies for disrepair?– damages,
    - specific performance – statutory provision in Section 17 LL and Tenant Act 1985
    - Set off – Tenant does repair and offsets
    - or repudiation of the lease. – if repair severe
    - Tenant can complain to LA and take action under HHSRS. Repair notice
  100. 100Defective Premises Act 1972 says...?Defective Premises Act 1972
    – LL OUGHT to know about repairs under Section 11.
  101. 101LL and Tenant Act 1987 - section 47 and 48...?Section 47 - Provide LL's name and address in rent demand
    Section 48 - Provide LL's name and address for service of notices
  102. 102Under common law furnished premises must be...?Fit for habitation at the start of the tenancy.
    Fit for habitation not defined
  103. 103What is the 'standard' test for an HMO?a. 1 + units are NOT self contained
    b. Not a single household
    c. Occupiers’ main home
    d. Living accommodation
    e. At least 1 person pays rent
    f. At least 2 households share basic amenities (toilets, personal washing, cooking facilities)
  104. 104Housing Act 2004 defines HMO as...?Meets STANDARD test
    Meets SELF CONTAINED test
    Meets CONVERTED building test
    Under HMO declaration
    Converted block of flats
  105. 105Exmptions to HMO rules? x 5- Managed by public sector e.g. LA
    - Student accommodation let by educational establishment
    - Religious communities
    - Occupied by owner
    - Occupied by TWO people
  106. 106When does an HMO have to be licensed?- Properties 3 or more storeys and 5 or more non-related residents
    - 3 storeys is size of the HMO NOT the building.
  107. 107What are the mandatory conditions for an HMO?- Keep current gas safety certificate
    - Keep electrical appliance and furniture in safe condition. Certificates required
    - Smoke and CO alarms fitted and working, supply details of position
    - Occupiers have written terms
  108. 108Why does LA set up selective HMO licensing in an area? How long do they last?- Area has low housing demand
    - Improve social/economic conditions
    - Anti social behaviour
    - LLs are not controlling behaviour
    - Licensing may stop behaviour
    Lasts up to 5 yrs
  109. 109Fire regulations for licensed HMOsApprove Document B of Building Regs with 3 storeys – fire escape route with ½ hour resistance, door self-close, clear of obstacles, mains smoke alarms, fire blanket/extinguishers in kitchen and on landings
    Regulatory Reform (Fire Safety) Order 2005 – commercial premises must have fire risk assessment and includes property with common areas, eg HMOs and blocks of flats
  110. 110When would LA do an Interim management order?Health, safety, welfare of occupants or neighbours concerned.
    LHA can apply to FTT for an IMO
    Set up a management scheme
    Ensure property insured
    LHA has right to possession and create leases.
    Lasts 12m or less.
    Breach of IMO = £5k
  111. 111Final Management Orders - how long and what do they cover?FMOs last 5 years
    Can create ASTs (up to 6m before end)
    Set up management scheme
    How LHA will address issues,
    How to make tenants comply with leases Repairs needed
    LL to inspect accounts.
  112. 112What are the duties of a manager of an HMO?- Inform occupiers of manager’s name, address, phone display prominently
    - Keep fire escape clear and maintained
    - Protect occupiers – design/structure building & number of occupiers
    - Unsafe roofs and balconies
    - Bars on windows with low sills
  113. 113When can an empty dwelling management order be made? EDMO- Property unoccupied for at least 6m
    - No prospect of being occupied in near future
    - Would be occupied if order made
  114. 114When can EDMO NOT be made?Owner’s main home
    on the market for sale/rent
    2nd or holiday home
    where proprietor died (reasonable period)
    Home under repair
    Owned by a public authority
  115. 115What do overcrowding notices apply to?Unlicensed HMOs
    7 days notice to LL
    Operative for 21 days
    Can appeal to FTT
  116. 116Health and Safety at work act 1974 requires employers to...?-Carry out risk assessment of workplace, -Carry out h&s measures,
    - Emergency procedures, clear info and training, make workplace safe, 1st aid procedures, workplace ventilation, temp, lighting, sanitary, washing, rest, record accidents.
  117. 117Invasive plant species are covered by?Wildlife and countryside act 1991
  118. 118What is covered by the Environmental Protection Act 1990?Statutory nuisance
    Smoke from premises, fumes, gas, dust, steam, smell, deposit, animals, noise or any nuisance
    LA have duty to inspect
  119. 119What is an Environmental Protection Act 1990 – Abatement notice?LA can serve notice imposing – prohibiting, restricting occurrence/execution of works
    Owner responsible Fines upto £20k. Not immediate
    McGuigan v Southwark LBC – infestation of cockroaches
    Manley v New Forest DC – barking dogs in kennels
  120. 120Noise and Statutory Nuisance Act 1993 concerns...?LA can control noise from people and machinery in the street during NIGHT hours 11pm to 7am. NOT traffic noise.
    Includes alarms
  121. 121Noise Act 1996 concerns...?Noise from dwellings at night – LA issue warning notices, starting 10 minutes after being given end at 7:00 a.m. LA can enter premises and seize equipment. Immediate effect, unlike abatement notices.
  122. 122Definition of anti-social behaviour?Anti-social behaviour act 2003
    “Behaviour causing harassment, alarm, distress to one or more person not of the same household”.
  123. 123Actions covered by the Anti-social behaviour act 2003... x 10Premises selling drugs
    Parental responsibility; truancy, parenting orders, criminal conduct
    Dispersal of groups < 16yrs
    Firearms
    Environment: noise, graffiti, waste, litter
    Public order and trespass inc raves
    High hedges – no more than 2m. Remedial notice, 28 days
    Anti-social behaviour orders, curfew, supervision orders
  124. 124Defective Premises Act 1972 deals with...?Responsibilities for injury and damage to rented property when repairs are carried out.
    Section 1 – anyone working on a dwelling must work in a professional manner
    Section 4 - LL liable for personal injury/damage to property due to defective repairs. LL must know of the repair.
    Eg Smith v Bradford MC – tenant slipped on crumbling patio
    Covers all persons who might come into contact with the tenants’ property
  125. 125Housing Health & Safety rating 2004 - Physiological requirementsPhysiological req’ts – damp, mould, cold, hot, asbestos, biocides, CO, lead, radiation,
  126. 126HHSRS - Psychological requirements?Psychological – crowding, intruders, lighting, noise
  127. 127HHSRS - Infection?Infection – hygiene, pests, refuse, food safety,
  128. 128HHSRS - accidents?Accident prevention – fall from bath, on level, stairs, between levels, electrical hazards, fire, hot surfaces, collision and entrapment, explosions ergonomics, structural collapse, falling elements
  129. 129Redress schemes cover?Unfair treatment
    maladministration,
    breaches of codes of practice
    legislation
  130. 130Max value redress scheme can award in compensation?£25,000
  131. 131Third party dispute resolution can be via?Mediation
    Conciliation
    Adjudication via tenancy deposit scheme
  132. 132How long does a defendant have to respond to a claim?14 days from date of service
  133. 133How do you act as an expert witness?Duty is to the court, not your instructing client
    Documents prepared according to the CPR (Civil Procedurecs Rule) Part 35
    Must contain statement of truth
  134. 134What are the advantages of judicial precedent?Gives certainty an equity to decisions
  135. 135What are th disadvantages of judicial precedent?Rigidity, slowness and complexity
  136. 136Complaints to ARLA or RICS can result in?Fine, disciplinary
    NO damages
  137. 137How is Independent expert determination used?E.g. in commercial rent review disputes. Parties present evidence but decision not dependent on the evidence but based on expert experience. Paid for by both parties
    Professional bodies have lists
  138. 138How is adjudication used?Someone reviews evidence and comes to a decision about rights and obligations. Sometimes named in a contract.
    Statutory process – construction adjudication and tenancy deposit schemes
  139. 139How is arbitration used?Similar to litigation. 1 or a panel is appointed to hear evidence presented by parties and arrive at an ‘award’. Governed by the Arbitration Act 1996. Used in commercial rent review disputes but could be used in residential leases. Can only use EVIDENCE presented not own knowledge.
    Lists of people available from courts and professional bodies. Loser has to pay the costs.
  140. 140What can FTT Property Chamber deal with?Rent cases – fair rent, market rent
    Leashold enfranchisement – lease extensions, new leases, right of first refusal
    Leasehold disputes – service charges, admin & management issues
    Housing Act 2004 – empty dwelling mgt orders, appeals against improvement notices, appeals against emergency remedial/prohibition/demolition order
    Park home
  141. 141What does CPR stand for?Civil Procedure Rules
    Part 35 - evidence prepared by agent for a court
    Part 22 - statement of truth
  142. 142EXAMPLES OF POSSIBLE UNFAIR TERMS x 8 e.g.s Enforced by competition markt auth CMAExclusion of liability for death/injury
    - Exclusion of liability for the PROPERTY
    - Passing liability to TENANT
    - Exclusion of poor SERVICE
    - Short TIME limits for claims
    - Excluding SET-OFFS
    - Excessive rights to ENTER property
    - Retention of pre-PAYMENTS
    - Supplier’s right to cancel without NOTICE
  143. 1433 pieces of legislation relevant to EVICTION?1. Protection from Eviction 1977
    2. Housing act 1988 (excl resident LL, holidays, education, hostels)
    Section 27 & 28 damages if LL offends
    3. Protection from Harassment 1997 (stalking)

Information

Description
ARLA level 4 Legal Framework for residential lettings
Created by
Katie Shellard
Views
77
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?