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ARLA level 4
Fichas del conjunto (98)
- 1What is 'Part P'In 2005 the Government introduced Part P of the building regulations. Electricians have to comply with Part P in England and Wales for work in residential and associated premises
- 2The Regulatory Fire Safety Order 2005 concerns what?Mainly concerns common areas in flats/HMOs also commercial property
- 3What is the Competent person (Fire safety)?Usually fire safety professional, advise residents of risk, consider dangerous substances, maintain fire fighting equipment, emergency routes.
- 4What is common law?Common law – from custom, judges, academics, decision of court. Never formally written
Much of CONTRACT LAW is common law - 5What is Private law?Civil matters between individuals or companies
- 6Criminal lawOffences against society or state, punish by fine and/or imprisonment
- 7What is Equity?Make up for shortfalls of common law. In the light of conscience & fair dealing
Remedies – specific performance OR injunction. Only when damages are not appropriate - 8Formation of a contract requires....?An offer, unconditional acceptance, consideration, intention, capacity, freedom from duress & illegality
- 9What is Misrepresentation?One party expresses as fact something not true. Can RESCIND or claim DAMAGES
- 10How can a contract end? 4 waysperformance
frustration
breach
or agreement - 11What is Law of Tort?A civil wrong
1. Human behaviour law classes as wrong, 2. Behaviour affects another person
3. person suffering seeks redress through civil courts - 12What are Common torts? 8 typesNegligence
Trespass
Nuisance
Occupiers’ liability
Ryland v Fletcher (dangerous escape) Defamation
Deceit
Unlawful eviction - 13What Damages is the defendant liable for? Case law is...?Defendant only liable for FORSEEABLE damage. Claimant may contribute to the damage – courts assess compensation.
Lips v Older (2004) – man falls off steps to his bedsit whilst drunk - 14Occupiers’ liability Act What years? What defences?Occupier’s liability act 1957 (lawful visitors)
Occupiers liability act 1984 (liability to TRESPASSERS. Occupier is person in control of property. Duty of common care.
Defenses – liability can be limited by
Highlighting the hazard, - removing hazard restricting or - preventing access to hazard - 15What is Vicarious liability?Master and servant relationship. Injured party can sue employer or employee or both. Only whilst working
- 16Types of Nuisance - 3 types?Balance between occupier and neighbours. Nuisance measured against claimant’s right.
3 types – private, public and statutory Defendant’s behaviour considered again their DUTY - 17What is Private nuisance? What is the test? 5 thingsBetween individuals unlawful Interference with a person’s use or enjoyment of land, e.g. smell, noise, fumes, flooding, vibration
Test is damage, locality, sensitivity, time and duration, social utility, malice.
Either physical damage or interference with enjoyment - 18Who can bring an action for private nuisance?Anyone with an interest in the affected LAND
- 19Defences against private nuisance? Remedies for nuisance are?Nuisance continued for 20 years
Statutory authority (authorised by statute).
Act of God
A stranger
Or claimant’ consent
Remedies for nuisance:
Damages or injunction - 20What is Public nuisance? What does it concern?‘Act affecting life of a class of HM subjects’. Public nuisance is a CRIME. Does not have to concern land like private nuisance does. Can be smoke, fumes, noise or obstruction of public highway or river
- 21What is Discrimination?Treating someone less favorably than others; either direct or indirect (put up barriers). Goes through county court or employment tribunal
- 22Equality Act 2010 – protected characteristicsRace, sex, sex orientation, disability, religion, gender reassignment, pregnancy or new birth, married/civil partnership or age.
- 23What are the Estates and interests in land?Major legislation – Law of Property Act 1925 and how it is transferred
Freehold – fee simple absolute in possession.
Leasehold – term of years absolute arising out of a freehold
Commonhold – Commonhold and leasehold reform act 2002, freehold is shared - 24What form can a contract take for land?Contracts for land sale must be in writing and signed by all parties.
Long lease over THREE years. - 25Leasehold covenants? Are they passed on if sold?Can be positive or negative. WILL pass on if property sold
- 26Freehold covenants - where are they found?On CHARGES register at the Land Registry includes mortgage info and also covenants. ‘Touch and concern’ the land.
Title deeds also show covenants.
Negative covenants pass with the land - 27What do Easements give?Gives right to use land of another or prevent its use in some way
Dominant and servient tenant.
Light, way, parking, water, shelter, support (in head lease of flat)
Easement acquired over time ‘as of right’ – land used for 20 years uninterrupted, without secrecy, without force, without permission. If permission then it’s a license and can be withdrawn.
If more than 40 years, claimed oral permission won’t work - 28What is Agent Authority: ActualActual – set out in agency contract
- 29Agent authority: ApparentLL suggests to someone agent has authority to do something, eg repair Can be sued for ‘BREACH OF WARRANTY OF AUTHORITY’ by the tenant if agent does not have authority eg promising to decorate before start of tenancy when LL not approved
- 30Agent authority: UsualAgent accepts verbal instructions, not a written contract. Common law regards agent having usual authority of a letting agent. Can conclude a lease as this is normal
- 31Duties of an agent* Act honestly
* Not allow conflict of interest
* Carry out lawful instructions
* Exercise reasonable skill and care
* Not to take a secret commission or profit
* Keep information confidential
* Not to delegate the agency
* Give details of the agency contract
* Account for all monies - 32Duties of the PRINCIPAL (landlord)?Pay commission
and
Indemnify agent against all liabilities in execution of agency - 33FOUR ways of Agency formation?*Express appointment Offer, acceptance, consideration
*Ratification – agent holds to have authority and LL adopts agent’s action
*Estoppel – wrong for a person to go back on their word. Defendant can’t deny agency agreement
*Agent of necessity – great urgency, agent must already CONTROL the property so needs to EXCEED authority already given - 34SIX methods to Terminate agency contract?* Spoken or written AGREEMENT between agent and principal
*Completion of the purpose
*Repudiation by the agent of the contract
*Any method in the contract, e.g. notice
*Death of the principal
*Bankruptcy of principal - 35What makes it a tenancy not a license?Fixed period
Exclusive possession
Rent payable
Street v Mountford (1985) - 364 Examples of when a license can be used?* Company let for staff to occupy
* Resident LL sharing
* Au pair
* Wife of tenant - 37When can a common law tenancy be used? 11 examples* Annual rent > £100,000 (increased from £25k in Oct 2010)
* Low rent < £250 or £1,000 in London
* Tenant not an individual (e.g. business, assoc, trust)
*Where not main home (unless 1 sharer has as main home)
* Licensed premises
* Agricultural
* Students by educational institution
* Holiday lettings
* Resident LL (no need to share facilities in principal home NOT purpose built flats)
* Crown LL
* Local Authorities - 38How did the Housing Act 1996 change the Housing Act 1988? 4 things*Tenancies automatically ASTs,
*Abolish section 20s
*Abolish min of 6 month tenancies
*Schedule 2 changes – new ground number 14a (domestic violence in housing assoc) added & ground 8 changed (arrears changed from 3 months to 2 months) Ground 17 added – possession due to false info - 39Consumer Rights Act 2015 - contract must be...?Contract must include: Fairness Plain language Good faith
If term is based on legislation it cannot be unfair. Core terms cannot be unfair: Price & Subject matter
BUT, they have to be transparent and prominent - 40How can common law tenancies be ended?Under Protection from Eviction Act
-At end of fixed term, effluxion of time
- With a break clause
- By mutual agreement during fixed term - 41Ending a common law tenancy at the end of the period can be done by...?Notice to quit
In line with tenancy period
Monthly = 1 month
Weekly = 4 weeks
Yearly = 6 month
To end on/day before rent due - 42Tenant arrears in common law tenancy triggers the ...?Forfeiture clause
Tenant given time to remedy - 43Breach of common law tenancy triggers...?Section 146Law of Property Act 1925, specify breach committed, require tenant to remedy, require tenant to compensate £. 146 notices complex
- 44How does an AST fixed term end?NOT with effluxion of time
Serve a S21(1)(b) of Housing Act 1988 - 45Old section 21 form used for tenancies created before ...?Used for tenancies created before 1/10/15
Form not prescribed
Timing in line with LAST day of period - 46New Section 21 form - which legislation? When will it be mandatory?Section 37 of the Deregulation Act 2015
Section 21(8) and 21(9)
Must be used always from 1st Oct 2018
Proceedings not more than 6 months after - 47What is the notice period for Section 21s?Minimum of 2 months
Quarterly - 1 quarter
No requirement to more than 6 months - 48Tenant in breach during a fixed term AST?Use Section 8 - Schedule 2
8 mandatory
10 discretionary
Rent arrears are ground 8, 10, 11
Minimum 2 months arrears - 49Why must a LL inform leaseholder of tenancy?Can be in breach of covenants in head lease
2002 Commonhold & Leasehold reform act
- go through 1st tier tribunal then
- use Section 146 - 50What insurance does LL need?No statutory obligation
Mortgage co requires building insurance
Public liability insurance – part of contents insurance
Possibly contents as part of tenancy agreement - 51Why must LL inform their mortgage co?Mortgage likely to have covenant restricting letting without consent
Buying property already tenanted – mortgagee must accept if notified prior
If no consent, tenancy not binding, if property repossessed.
LL may face fraud charges
Lender can demand full repayment of loan
Tenant given 2 months notice if repossession.
Can sue LL for damages. - 52What date must furniture comply with Furniture & Furnishing (Fire Safety) Regs 2010?Furniture manufactured after 1989
- 53Which furniture must COMPLY? 7 examplesBeds
Headboards
Mattresses
Sofa bed
Futons
Nursery furniture
Cushions, seat pads, pillows - 54Which furniture is not covered? 7 examplesSleeping bags
Bed covers
Mattress covers
Pillow cases
Curtains
Carpets
Furniture before 1950 - 55What is the penalty for breaching the Gas Safety Regulations 1998?Fine of £20,000 or 12 months prison
- 56A gas engineer must be registered with ?The Gas Safe Register
- 57When must tenant be provided with the gas safety certificate?Prior to start of a tenancy
28 days after check - 58Who enforces the smoke and CO alarm regulations 2015? What is the penalty?Local housing authority - £5k
Remedial notice requires LL to fit within 28 days. Can appeal - 59What mark must electrical equipment have? Who enforces this?CE mark
On equipment, packaging, guarantee, instructions if new
Enforced by Trading Standards - 60Who enforces the Plug & Sockets safety regulations 1994?Trading standards
- 61What are the 5 competent persons schemes for Part P electrical work?BSI
Elecsa
NICEIC
NAPIT
BRE - 62What is the 'Responsible person'? (Fire safety order 2005)LL or agent for the building
Carries out risk assessment
Appoints competent person - 63What legislation covers protection for AST deposits?Housing Act 2004
Came in 6/4/2007 - 64What is a 'stakeholder'?Holding money as an independent 3rd party
AST deposits held as a stakeholder - 65What is 'Agent for the LL'? (deposits)For common law or assured tenancies
Must act on the LL's instructions - 66Part 6 of Housing Act 2004 requires...? 6 things*Deposits protected for ASTs
*ASTs from 6/4/07 incl fixed term renewals
Recognised insurance OR custodial scheme
*Pay in within 30 days
*Alternative dispute resolution process
*Adhere to scheme rules eg. Give out TDS leaflet
*Prescribed info within 30 days – staple to the AST
*Protect the deposit within 30 days from RECEIPT
*Return within 10 days of agreeing amount
Penalties for breach
*Cannot use S21 if deposit not protected - 67What are the 3 tenancy deposit schemes licensed by the Dept for Communities and Local Gov’t?Deposit Protection Service
MyDeposits
Tenancy Deposit Scheme - 68What happens if a deposit is not protected?Court orders deposit to be paid in
or returned to tenant
Compensated 1-3 x deposit - 69Localism Act 2012 defined...?Timescale for registering deposits
- 70What are the 2 bits of legislation regarding discrimination?- Discrimination Act 2005
- Equality Act 2010 - 71Agent is expected to make reasonable adjustments to...?Property
Process
Policies - 72What is the 'small dwelling exemption'?Occupied by LL or close relative
Shared with tenant
< 2 households plus LL
< 6 people including LL - 73What legislation sets out how notices can be served?Section 196 of Law of Property act 1925
Tenant informed how notice will be served
Else face to face
In writing
At last known address
No obligation to prove received by tenant - 74when are notices deemed served? - by post - by hand1st class post - 2nd day after posting
By hand - day after delivering
Working days not w/e - 75What is a Section 6 of Housing Act 1988?Assured only.
LL or tenant wishes to vary terms of an assured tenancy in 1st 12 months of tenancy.
Prescribed format.
If terms not agreed, goes to 1st tier tribunal.
Have 3 months to go to 1st T.T - 76What is a Section 13 Housing Act 1988?Vary rent in periodic status.
Notice is a min of 1 month or period of tenancy expires on day rent due
Contractual periodic – cannot increase until running for 12 months
Rent cannot increase more frequently than 12 months under s13 notice
Rent increases automatically from date notice expires unless First tier appeal or LL and tenant negotiate different terms - 77What is Section 22 Housing Act 1988?AST can appeal to 1st tier again rent in initial term – 1st 6 months
- 78What is the eligibility for Local Housing Allowance? 4 things* Claimant’s home
* Savings < £16,000
*Payment for rent or license (NOT mortgage or service charge)
* Not utility charges UNLESS part of the tenancy eg rubbish removal - 79Who is ineligible for LHA? 9*Nationals of EU etc with NO right to reside
*Persons not habitually resident
*Most full-time students (except lone parents)
*Asylum seekers
*Non-COMMERCIAL tenancy basis
*Agreement is with person living in the premises & close family member
*Occupation is a condition of employment or partner’s employment
*Claimant is in a care home
*Agreement to take advantage of the housing benefit system - 80What was Rent Allowance? How was it calculated?Prior to 2008 Rent officers worked for The Rent Service (TRS now VOA).
Calculated ‘eligible rent’ based on reasonable for property – ‘claim related rent’ or ‘local ref rent’ - 81How is LHA calculated?Based on flat rate for the area – Broad Market Rental Areas (BMRAs)set up by Rent Service
Based on 30th percentile – lowest 30
Household entitled to 1 bed for – adult over 35, adult couple, adult over 16, 2 kids same sex under 16, 2 kids under 10, any other child
Single occupants under 35 have LHA based on room in a shared property - 82What is the maximum number of bedrooms for LHA?Four
- 83What timescales do LHAs have to decide on an application?14 days from application
- 84What is BRMA? What legislation introduced this?Broad rental market area for Local Housing allowance
Housing Benefit (Local Housing Allowance and information sharing) Amendment Regulations 2007 - 85Regulatory Reform Act Fire (2005) What is the penalty for breaking rules?Fine up to £5k or in Crown Court unlimited fine and 2 years imprisonment.
- 86How long do gas safety records have to be held for?2 years
- 87When was LHA introduced? What is the legislation that applies?7th April 2008
Housing Benefit (Local Housing Allowance & information sharing) Amendment Regs 2007 - 88What did LHA replace?Rent allowance
- 89Where does LHA not apply? 7 examples* LL is a local authority
* LL is reg'd social housing
* Exempt accommodation - shelters etc
* Tenancies before 15/1/1989
* Regulated tenancies (fair rent)
* Houseboats, caravans, hostels
* B&B with board & attendance - 90What is a 'Declaration of Service'?Records that notice was served on the tenant on a date and time
May be required in court - 91What's the difference between...? * Section 146 - Law of Property 1925 * Section 196 - Law of Property 1925* Section 146 - breach of common law tenancy
* Section 196 - Law of Property 1925. Method of serving notices - 92Deposits held as Agent for the LL - who gets the interest?Person ultimately receiving the money
- 93What legislation introduced the deposit protection scheme?Housing Act 2004
Came into effect on 6th April 2007 - 94Legislation for repossession of leasehold property is?Commonhold & Leasehold Reform Act 2002
Have to go thru 1st TT if lease breached then serve Section 146 Law of Property 1925 - 95What is the FORFEITURE or Right of Re-entry clause?Allows LL to seek possession of a tenancy during a fixed period if tenant is in breach of a covenant or fails to pay rent
BUT requires court order - 96Protection from Eviction Act - what year? - what is minimum notice period?Protection from Eviction Act 1977
Min is 4 weeks
`Max required is 6 months - 97Notice to quit (Prescribed information) Regulations 1988 requires the tenant is advised of ....?- Court order needed
Court application not before notice period
If not understood, seek advice - 98Tenancy before 1/10/15 - Section 21Notice Section 21(1)b is used when ..? Section 21(4)a is used when...?Notice under Section 21(1)b is used when the tenancy is within the FIXED term.
Notice under Section 21(4)a is used where the tenancy agreement has not been renewed and the tenancy is now a PERIODIC one
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- ARLA Property Fichas sobre ARLA level 4, creado por Katie Shellard el 16/11/2017.
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- Katie Shellard
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