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Flashcards

Practice relations to Residential Property Management

Katie Shellard Property ARLA English 104 cards

Cards in this deck (104)

  1. 1Under common law, whose interests must the agent put first?Landlord's
  2. 25 requirements for the Agent under common law relevant to property management?- Act with reasonable skill and care
    - Not to make a secret profit
    - Account to client in full
    - Not to delegate instruction
    - Not to allow a conflict of interest
  3. 3Examples of using reasonable skill and care?Advising LL of legal obligations
    Using app't contractors
    Aware of appliance guarantees
    Repair rather than replace
  4. 4Examples of secret profit?Contractor offers financial incentive
  5. 5Account to client in full includes?Pay LL rent asap
    Pay rent in advance at once
    CPUTR 2008 - pay rent within 1 month
  6. 6Why is 'delegation' in the terms of business?Without, it would not be possible for agent to to instruct a contractor
  7. 7Overriding responsibility to LL is? x 31. Meet statutory obligations
    2. Use LL's resources effectively
    3. Maximise LL's investment
  8. 8Obligations under the terms of businessAgent must follow terms of business e.g periodic visits
    CPRs require client to have full details of the management service before commitment
  9. 9Redress schemes - date and names of schemes?1st October 2014 agents must belong to a dress scheme
    - The Property Ombudsman TPO
    - Ombudsman Services
    - Property Redress Scheme PRS
  10. 10Complaint to the redress scheme can result in...? x 5- Apology from agent
    - Reprimand
    - Compensation to the complainant
    - Fine up to £25,000
    - Expel member
    Complainant can still go to court
    Penalty of £5k if agent not a member
  11. 11What is the purpose of a routine property visit?- See if tenant is in breach of agreement
    - Report any maintenance issues
  12. 12Notice of a visit must be?24 hours written notice
    Deemed served by hand next day before 5
    Visit in line with time away from property
    Courts can sanction a visit
  13. 13Main legislation covering LL's obligations to look after the property are ? x2LL and Tenant Act 1985
    Housing Act 2004
  14. 14Section 11 LL and Tenant 1985 x 3 responsibilities of the LL?- Fabric and STRUCTURE of the property
    - Supply of SERVICES, inc sanitary ware
    - Supply of space HEATING & hot water
    Tenant must allow access under Sec 11(6) of LL and Tenant act 1985
  15. 15HHSRS introduced under which legislation? 3 main types are?Housing Act 2004
    Dwelling house free from 29 hazards -
    1. physiological,
    2. psychological and
    3. harm/infection
    LA can issue improvement notices or hazard awareness. Cat 1 & 2 hazards
  16. 16What should LL do re legionella?- Risk assessment
    - Ensure hot water is 60 degrees +
    - warn tenants re infrequent showers
    - keep records of checks
    - undertake periodic inspections
  17. 17Property defects - leans to walls are caused by?Roof spread - can worsen. Not urgent repair of rafters
    Bulges - gable wall not restrained
    Outer leaf of cavity walls - too few ties
  18. 18Types and causes of wall cracksHorizontal cracks - due to vertical mov't
    Vertical cracks - due to horizontal mov't
    Settlement - takes place when property built
    Steel lintels rust over doors & widows
    Vertical cracks - due to heating/cooling
  19. 19Diagonal cracks are due to?Forces that act at an angle - when part of a building moves
    Or timber lintel failure
  20. 20Subsidence is?When weaker ground causes movement - eg burst water main, defective drain or tree root
    Diagonal cracking at ground level
  21. 21Problems of flat roofs? x 3Ponding
    Blistering
    Ridges
  22. 22Defects associated with the damp proof course?- Blocking of the cavity
    - Breakage of the DPC
    - Breaching DPC by build up of soil by wall
  23. 23Causes of wet rot to timber?Roof leak
    Gutter leak
    Pipework leak
    Condensation
    Defective/missing DPC
  24. 24Where is Dry rot found?Starts in dark unventilated spaces eg under floors
    Extends beyond the damp area
  25. 25Distance for positioning flues away from doors and windows?300mm from doors and windows
  26. 26NICEIC recommend inspection of electrical every?10 years or change of ownership
    HMOs every 5 years
  27. 27Part P electrical work regulations cover?From January 2005
    Notifiable work
    Work in special locations
    Must be done by a competent person
    All work must comply with BS7671
  28. 28Competent person is someone registered with schemes...? x 5NICEIC
    BSI
    Napit
    Bre
    Elecsa
  29. 29Notifiable work includes...?New circuit
    New consumer unit
    Swimming pool/sauna room
    Circuit in a 'special location'
  30. 30Gas boilers must be replaced by a...?Condensing boiler, since 2007
    Should have TRVs
  31. 31Hazardous materials? x 2 Register?Radon - odourless, colourless gas, ventilation or membrane
    Asbestos - if not releasing fibres, leave. Special Waste Regulations 1996
    Must keep a register of any asbestos since 2004
  32. 32Obligations on the tenant to take care of the property would be:- Covenants in the tenancy
    - Implied obligations; not to damage the property, maintain garden, repair/replace any damages
    To carry out small jobs, pay rent, report faults
  33. 33Obligations of the agent regarding maintenance are? x 3Not to allow LL to breach obligations
    Spend clients' money wisely
    Identify who is responsible for costs
  34. 34Landlord's choice of contractors - what should be included in the terms of business?Suitably qualified for the work
    Evidence of qualifications
    Refuse to instruct if unqualified
    Instruct different contractor if unavailable
  35. 35Name of the scheme to insure properties in high risk flood areas?Flood Re
    Excludes houses built after 1/1/09
    Excludes highest council tax band H
  36. 36Check buildings insurance covers what?Kitchen and bathroom fitments
    White goods, curtains, carpets
  37. 37Types of insurance are for LLs? x 6Buildings
    Contents
    Public liability - usually contents
    Appliance insurance
    Legal protection - fees and court costs
    Rent guarantee
  38. 38Types of insurance for an agency? x 5Employer's liability - legally required
    Professional indemnity - no legal req't but demanded by professional bodies-neglgnc
    Buildings and contents
    Fidelity - client money protection ins
    Car
  39. 39Advice to LL regarding insurance under duty of care?In tenancy LL contracts to insure the property
    Also included in agents terms of business
    LL must inform own insurance co
    PI required
  40. 40What insurance activities are regulated by the FCA?- By way of business
    -Giving ADVICE, eg insurance is high/low
    - ARRANGING insurance as go-between
    - ADMIN ins contract, claim, negotiation
  41. 41Insurance levels of service x 4PRINCIPAL firm - directly reg'd by FCA
    APPOINTED rep - reg'd by principal
    INTRODUCER appointed rep - gives leaflets for principal firm & pass customer details on
    NON-REG'D introducer - leaflets to take away
  42. 42If asked, agent can carry out non-regulated activity such as...? x 6Advise LL to take out insurance
    Pay an initial premium
    Pay a renewal premium
    Instructing contractor in emergency
    Getting quotes in emergency
    Forwarding completed claim form in emergency
  43. 43Contractors working on gas appliances must be registered with?Gas Safe Register
    and work on appliances under
    National Accredited Certification Scheme or ACS
  44. 44Qualification for electricians is?Part P qualified
    Member of approved body
  45. 45Contractors working on windows and doors must be members ofFENSA - fenestration self assessment scheme
    Sign off work & register with LA
  46. 46Inventory providers may be registered with?Association of Professional Inventory Providers APIP
  47. 47Choosing contractors- Public liability insurance
    - Employers liability
    - Recommendations
    - Safety policy
    - Companies house search
    - Professional indemnity insurance? neglign
  48. 48Terms of engagement with a contractor will include...?- Method of payment
    - Detailed invoice
    - carry ID
    - phone from site if problem or no access
    - not to use tenants' goods
    - recall if work unsatisfactory
    - any guarantee
    - out of hours work
    - key collection
    - Public liability insurance
    - No instructions from tenant
    - Risk assessment or method statement
  49. 49Why is the invoice from the contractor needed?Shows LL carrying out repairs not improvements
    May be a guarantee
  50. 50Client money include ..? x 4 TYPESRent
    Deposits for applicants and tenants
    Contingency for repairs
    Any money held for another
  51. 51For the client account, the agent must..Be able to identify the money for client/tenant
    Reconcile account
    Not to deduct fees without authority
    Audit annually - required by professional body
    Terms of business state how money is to be paid to client
  52. 52who gets the interest on deposits?- Agent for LL - whoever receives the money
    - Stakeholder - usually the agent
    Best to include in contract terms of business
    Tenancy deposit scheme - will depend on scheme used. Written consent
  53. 53Can charges be made for writing debt chase letters?Yes, if it is in the tenancy contract and charges are fair (UTCCR 1999)
  54. 54Why should the agent communicate terms of business in writing before the start of a business relationship?- Under terms of professional bodies
    - Under terms of redress scheme
    - Under CPR
  55. 55Why does the agent have to declare any conflict of interest or connected person?- Common law requirements
    - Regulatory bodies
    - Redress scheme
    - Under CPR
  56. 56Consumer Protection from Unfair Trading Regulations 2008To be open and honest to LL and tenant
    Fees
    Explicit at an early stage
    In written form & on website
    Rounded view of the property
    Advise on tenant giving notice
    CMA - Guidance for lettings professionals
  57. 57Competition and Markets Authority guidance dochttps://www.gov.uk/government/news/cma-publishes-consumer-protection-guidance-for-lettings-industry
  58. 58Taking a complaint at face value when not true breachesHarassment - Protection from Eviction Act 1977
  59. 59Remedies for the LL for breach of the contract?Damages eg loss of rent
    Specific performance -fulfil obligations
    Injunction eg stop making noise
    Possession
  60. 60Noise coming from 'fixed premises' is covered by?- Environmental Protection Act 1990
    Environmental department at LA can issue abatement notices
    Or individual can take action through court
  61. 61Noise from dwelling AT NIGHT is covered by?The Noise Act 1996
    Between 11:00 p.m and 7:00 a.m.
    Police can confiscate equipment
  62. 62Actions following discovery of damage to the property by tenant?Discuss with tenant
    Confirm in writing for tenant to repair
    Visit property
    If not complete, write to tenant
    Give notice that contractor will do work
    If access denied, make file note
    Make claim at end of tenancy, deposit
  63. 63Breach by having pets?Court not likely to see this as serious
    Unless serve S21 notice
  64. 64Examples of LL breaches? x 6- Quiet enjoyment
    - Maintenance to property
    - Insuring property
    - Repairing electrical equipment
    - Repair in line with Section 11 LL&T 1987
    - Not providing LL's address Sec 47 LL&T 1987
  65. 65Options for the tenant if LL breaches the lease?- Withold rent. Must demonstrate money is put aside
    - Offsetting rent for work to be done
    - Repudiation of the lease, if severe breach
  66. 66Role of agent at end of tenancy will be ?Establish any breach by tenant
    Assess damages and prepare cost schedule
    Assess if costs are LL or tenant
  67. 67Lord Denning 1953 said?To use the premises in a tenant-like manner
    Do little jobs which a reasonable tenant would do
    Not damage wilfully or negligently
    If damaged, by family/friends, then repair
  68. 68Fair wear and tear, based on?Length of tenancy
    Number and age of tenants
    Condition, age, cost of item at start
    Useful lifespan of item
    Reasonable usage of the item
  69. 69What is Voluntary waste?Tenants cause damage to the property by their action. Or anyone who came into to do work on the tenant's property
  70. 70What is permissive waste?Inaction of the tenant has caused damage
  71. 71What are the 3 remedies for damage by the tenant?Repair
    Replace
    Compensate
  72. 72Return of deposits - StakeholderGet agreement from both parties
    If not agreed, Alternative Dispute Resolution process via scheme
    Pay out non-disputed amount within 10 days of agreement
  73. 73Process for deposit return for stakeholder not protected by a scheme?Get parties to agree
    Part/all distributed
    Receive notification of agreement both
    If not agreed, go to court or use ADR
  74. 74Betterment means? Apportionment is?Betterment - LL cannot expect improvement
    Apportionment - allow for fair wear and tear
  75. 75What is a renewal?A further fixed term tenancy
  76. 76What is an extension?Becomes periodic - statutory periodic for a HA tenancy
  77. 77Does deposit need reprotecting?Only if parties to tenancy change or property changes
  78. 78How often are electrical tests required for HMOs?Every 5 years
  79. 79Requirements for HMO management? x 5 For NON-licensed and licensedElectrical installations
    Fixtures, fittings, appliances
    Information to occupiers
    Waste disposal facilities
    Fire safety arrangements
  80. 80NATIONAL Statutory requirements for a licensed HMO? x 6- Provide gas certificate to LA annually
    - safe furniture
    - automatic fire detection system
    - declare fire alarm locations to LA
    - tenants must have a tenancy agreement
    - Property must be in good repair
  81. 81LA's own HMO conditions for bathrooms?- Bathroom not more than 1 floor away
    - Max no people per bath/shower
    - Tiling to bathroom
    - Ventilation, heating, flooring
    - Max no people per toilet
    - Hot/cold hand washing per toilet
    - Facilities fit for purpose
  82. 82Local Authorities also have HMO conditions for kitchens?- Adequate space for food prep & cooking
    - Provision of cookers
    - Elec sockets in room
    - Food storage
    - Work surface, sinks, draining boards
    - Impervious floor coverings
    - Fire detection and fire blankets
  83. 83PLANNING restriction for HMOs?Permitted development to change from Planning category C3 (ordinary residential) to C4 (HMO)
    LA may require planning permission for ordinary HMO
  84. 84If planning is required, what do you do about extra occupier?Issue licence to occupy, in case planning turned down or costs are prohibitive and need to terminate license
  85. 85HMO breaches by LL might include?- allowing too many to occupy
    - not having a licence
    - refusing to repair
    - build up of rubbish
  86. 86Actions by agent if LL in breach of HMO?- Write to LL
    - Advise LA can carry out the work OR serve an improvement notice OR take over management of property
    - Disinstruct LL
    - Agent has equal responsibility as LL
  87. 87From what date must all agents belong to an approved redress scheme?October 2014
  88. 88What are the 3 regulatory bodies?ARLA
    RICS - blue book, ARLA endorsed
    NALS (National Approved Letting Scheme)
  89. 89Regulatory body sanctions include...?- Suggest changes to practice
    - Formal warning
    - Fine unto £200 per breach
    - Disciplinary hearing £5k per breach
    - Suspending membership
  90. 90What are the 3 redress schemes?TPO (most popular)
    Ombudsman Services Property
    PRS
  91. 91Requirements for membership of TPO?- Display ombudsman logo
    - Advise at point of instruction
    - Leaflets available on request
    - Acknowledge written complaint in 3 days
    - Respond to complaint in 15 days
    - Review procedure if not satisfied
    TPO notified within 6m of final offer from member
  92. 92Maximum award from TPO compensation is?£25,000 but most less than £500
  93. 93Ombudsman will reject cases ...? x 4- Raised maliciously
    - More than 12m after event
    - 9m after complaint raised
    - 6m after agents' final response
  94. 94Ombudsman sanctions are...? x 7- Agent rectifies problem
    - Agent apologises
    - Written explanation
    - Informal warning
    - Fine
    - Compensation up to £25k
    - Banning agent from scheme
  95. 95Mediation/conciliation is?- Independent 3rd party negotiates dispute
    - Voluntary
    - Encouraged by courts
    - Private interviews
    - Not very common
    - Not binding on the parties
  96. 96Adjudication is...?- More formal than mediation
    - Results are binding
    - Common in construction industry
    - Used in tenancy deposit scheme
    - Evidence based
  97. 97Arbitration/independent expert?- More formal still
    - Written submissions
    - Indep experts use own knowledge
  98. 98Small claims court if no recognised body or redress scheme ...?- Claims less than £10k
    - Claim interest
    - Claim form, cost fee
    - Defendant can not respond, acknowledge, admit claim, enter defiance, counterclaim
  99. 99If a complaint is likely to result in a compensation claim, what should the agent do?Put their professional indemnity insurance on notice
  100. 100What can a Principal firm do?Regulated directly by the FCA
    Offer a range of insurance products
    Range of insurance providers
    Handle claims
    Large firms, insurance brokers
  101. 101Appointed representatives?Regulated by a chosen principal firm
    Offer certain products from principal
    Can take premiums
    Can claim settlement cheques
    Can be appointed to several firms
  102. 102Introducer appointed representatives can?Gives out information from principal firm
    Generally leaflets
    Pass customer details to principal firm
  103. 103Non-regulated introducer?ONLY provides leaflets to take away
    NO intro, negotiation, selling, admin
  104. 104Consumer protection Regulations CPRs require the agent to be?Open and honest with all parties
    Charges
    Terms of business must be explicit
    what fees will be charged
    Sufficient info given to make decision
    Include detracting features

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ARLA Property Flashcards on Practice relations to Residential Property Management, created by Katie Shellard on 26/05/2018.
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Katie Shellard
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