11430055
Description
Flashcards by Katie Shellard, updated more than 1 year ago
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Created by Katie Shellard
over 6 years ago
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| Question | Answer |
| What 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 |
| The Regulatory Fire Safety Order 2005 concerns what? | Mainly concerns common areas in flats/HMOs also commercial property |
| What is the Competent person (Fire safety)? | Usually fire safety professional, advise residents of risk, consider dangerous substances, maintain fire fighting equipment, emergency routes. |
| What is common law? | Common law – from custom, judges, academics, decision of court. Never formally written Much of CONTRACT LAW is common law |
| What is Private law? | Civil matters between individuals or companies |
| Criminal law | Offences against society or state, punish by fine and/or imprisonment |
| What 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 |
| Formation of a contract requires....? | An offer, unconditional acceptance, consideration, intention, capacity, freedom from duress & illegality |
| What is Misrepresentation? | One party expresses as fact something not true. Can RESCIND or claim DAMAGES |
| How can a contract end? 4 ways | performance frustration breach or agreement |
| What 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 |
| What are Common torts? 8 types | Negligence Trespass Nuisance Occupiers’ liability Ryland v Fletcher (dangerous escape) Defamation Deceit Unlawful eviction |
| What 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 |
| Occupiers’ 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 |
| What is Vicarious liability? | Master and servant relationship. Injured party can sue employer or employee or both. Only whilst working |
| Types 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 |
| What is Private nuisance? What is the test? 5 things | Between 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 |
| Who can bring an action for private nuisance? | Anyone with an interest in the affected LAND |
| Defences 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 |
| What 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 |
| What is Discrimination? | Treating someone less favorably than others; either direct or indirect (put up barriers). Goes through county court or employment tribunal |
| Equality Act 2010 – protected characteristics | Race, sex, sex orientation, disability, religion, gender reassignment, pregnancy or new birth, married/civil partnership or age. |
| What 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 |
| What 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. |
| Leasehold covenants? Are they passed on if sold? | Can be positive or negative. WILL pass on if property sold |
| Freehold 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 |
| What 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 |
| What is Agent Authority: Actual | Actual – set out in agency contract |
| Agent authority: Apparent | LL 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 |
| Agent authority: Usual | Agent 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 |
| Duties 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 |
| Duties of the PRINCIPAL (landlord)? | Pay commission and Indemnify agent against all liabilities in execution of agency |
| FOUR 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 |
| SIX 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 |
| What makes it a tenancy not a license? | Fixed period Exclusive possession Rent payable Street v Mountford (1985) |
| 4 Examples of when a license can be used? | * Company let for staff to occupy * Resident LL sharing * Au pair * Wife of tenant |
| When 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 |
| How 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 |
| Consumer 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 |
| How 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 |
| Ending 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 |
| Tenant arrears in common law tenancy triggers the ...? | Forfeiture clause Tenant given time to remedy |
| Breach 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 |
| How does an AST fixed term end? | NOT with effluxion of time Serve a S21(1)(b) of Housing Act 1988 |
| Old 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 |
| New 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 |
| What is the notice period for Section 21s? | Minimum of 2 months Quarterly - 1 quarter No requirement to more than 6 months |
| Tenant 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 |
| Why 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 |
| What 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 |
| Why 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. |
| What date must furniture comply with Furniture & Furnishing (Fire Safety) Regs 2010? | Furniture manufactured after 1989 |
| Which furniture must COMPLY? 7 examples | Beds Headboards Mattresses Sofa bed Futons Nursery furniture Cushions, seat pads, pillows |
| Which furniture is not covered? 7 examples | Sleeping bags Bed covers Mattress covers Pillow cases Curtains Carpets Furniture before 1950 |
| What is the penalty for breaching the Gas Safety Regulations 1998? | Fine of £20,000 or 12 months prison |
| A gas engineer must be registered with ? | The Gas Safe Register |
| When must tenant be provided with the gas safety certificate? | Prior to start of a tenancy 28 days after check |
| Who 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 |
| What mark must electrical equipment have? Who enforces this? | CE mark On equipment, packaging, guarantee, instructions if new Enforced by Trading Standards |
| Who enforces the Plug & Sockets safety regulations 1994? | Trading standards |
| What are the 5 competent persons schemes for Part P electrical work? | BSI Elecsa NICEIC NAPIT BRE |
| What is the 'Responsible person'? (Fire safety order 2005) | LL or agent for the building Carries out risk assessment Appoints competent person |
| What legislation covers protection for AST deposits? | Housing Act 2004 Came in 6/4/2007 |
| What is a 'stakeholder'? | Holding money as an independent 3rd party AST deposits held as a stakeholder |
| What is 'Agent for the LL'? (deposits) | For common law or assured tenancies Must act on the LL's instructions |
| Part 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 |
| What are the 3 tenancy deposit schemes licensed by the Dept for Communities and Local Gov’t? | Deposit Protection Service MyDeposits Tenancy Deposit Scheme |
| What happens if a deposit is not protected? | Court orders deposit to be paid in or returned to tenant Compensated 1-3 x deposit |
| Localism Act 2012 defined...? | Timescale for registering deposits |
| What are the 2 bits of legislation regarding discrimination? | - Discrimination Act 2005 - Equality Act 2010 |
| Agent is expected to make reasonable adjustments to...? | Property Process Policies |
| What is the 'small dwelling exemption'? | Occupied by LL or close relative Shared with tenant < 2 households plus LL < 6 people including LL |
| What 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 |
| when are notices deemed served? - by post - by hand | 1st class post - 2nd day after posting By hand - day after delivering Working days not w/e |
| What 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 |
| What 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 |
| What is Section 22 Housing Act 1988? | AST can appeal to 1st tier again rent in initial term – 1st 6 months |
| What 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 |
| Who 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 |
| What 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’ |
| How 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 |
| What is the maximum number of bedrooms for LHA? | Four |
| What timescales do LHAs have to decide on an application? | 14 days from application |
| What 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 |
| Regulatory 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. |
| How long do gas safety records have to be held for? | 2 years |
| When was LHA introduced? What is the legislation that applies? | 7th April 2008 Housing Benefit (Local Housing Allowance & information sharing) Amendment Regs 2007 |
| What did LHA replace? | Rent allowance |
| Where 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 |
| What is a 'Declaration of Service'? | Records that notice was served on the tenant on a date and time May be required in court |
| What'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 |
| Deposits held as Agent for the LL - who gets the interest? | Person ultimately receiving the money |
| What legislation introduced the deposit protection scheme? | Housing Act 2004 Came into effect on 6th April 2007 |
| Legislation 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 |
| What 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 |
| Protection from Eviction Act - what year? - what is minimum notice period? | Protection from Eviction Act 1977 Min is 4 weeks `Max required is 6 months |
| Notice 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 |
| Tenancy 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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