The Legal Framework for Residential Lettings - ARLA level 4

What is a license?

What is a lease?

Why is the difference between lease and license important?

How has the PRS developed in the 20th Century?

What concept is common to Rent Act, Housing Act & tenancies outside RA and HA?

When did Rent Act tenancies end?

What is the succession for a Rent Act?

Security of tenure for RA?

Rent Act rent reviews: how often & what increase?

RAC = Rent Assessment Committee
What did they base the rent increase on?

What did Housing Act 1988 do for PRS?

How are RR for AS done?

How can LL end an AT?
How can tenant end an AT?
What succession is there for AT?

When did ASTs begin?

When were ASTs made automatic?

What tenancies are outside the RA & HA 1988? 12 e.g.s

How are non-RA or HA tenancies governed?

What info should be included in a COMPANY let?

Definition of resident LL - 3 things?

Holiday lets - how long for?

Is a holiday let a lease or license?

What are premium lease tenancies?

What is the Re-entry and forfeiture clause?

UNFAIR Terms in Consumer Contracts
What is defined as unfair? x 9 e.g.s

Who enforces the Unfair terms in Consumer contracts?

Terms in a contract must be..?

When does it apply from?

If a term is INDIVIDUALLY negotiated, will it be unfair?

Core terms in a lease? X 7

Tenant's covenants are...? x 10

What are the LL's covenants x 3

Additional clauses would be...? x 4

What are EXPRESS and IMPLIED covenants?

What are REAL and PERSONAL covenants?

What are POSITIVE, NEGATIVE and USUAL covenants?

Landlord's IMPLIED obligations? x 3

Tenants' implied obligations? x 3

Lord Denning case 1953 said..?

Law of Property (Misc. Provisions) 1989 require a lease to be..

Signing the lease - two agreements are called...?

Signing the contract in advance - what needs to be done?

Can a 3rd party sign the lease?

What are the Agricltural worker conditions?

2 types of agricultural tenancy?

Agricultural security of tenure

How much can the farmer deduct from wages for the accommodation?

Rent agricultural tenancy RR - if not agreed, appeal can be made to...?

Assured Agri Occupancy - If RR not agreed, appeal can be made to...?

Live work tenancy is...?
What legislation?

What legislations protects business tenancies?
How are RRs done?

Leases must comply with which legislation? (consumer rights)

Section 47 of LL & Tenant 1987 requires ... ?

Section 48 of LL & Tenat 1987 requires...?

Weekly rent requires...?

What is rent?

When is rent due by common law?

What is a set-off?

Improvements and disregards in RR?

How is market rent derived?

Housing Act 1988 notices - section 6 & 22?

What are the advantages of using the prescribed forms? x 3

What does Section 13 do?

FTT determines rent for Section 13 assuming....?

What services to Rent Officers provide?

What did Rent Acts (Max Fair Rent 1999) do?

How are fair rents determined by Rent Act 1977?

First Tier Tribunals can deal with...?

How can leases be ended? x 3

Fixed term tenancies end by common law with...?

Protection from Eviction Act 1977 - what is the minimum notice period?

What tenancies are excluded from the Protection from Eviction Act 1977? x 5

What are the notice periods under COMMON LAW?

How can Rent Act 1977 tenancies be ended?

What is forfeiture?

Why is the forfeiture clause important in fixed term tenancies?

What does the forfeiture clause end?

When can 'peaceable re-entry' occur?

A section 8 notice must...?

What tenancies is forfeiture used for?

When can an accelerated possession order by used?

Rent Act tenancies - breaches LL can prove?

Accommodation Agencies Act 1953 makes it an offence to?

Protection from Eviction Act 1977 makes it an offence to...?

Remedies for tenant for breach of Quiet Enjoyment are?

Protection from Harassment Act 1997 - would cover...?

Housing Act 1988
Section 27 & 28 - would cover...?

Housing Act section 27 sets out..?

What are LL's defences for unlawful eviction? x 6

Law of Property 1925 section 52 requires...?

Law of Property 1925 section 54 requires...?

What is an Equitable Lease?

Law of Property (Misc Provisions) Act 1989 requirements for creation of a deed are?

Law of Property Act 1925 – Section 101
allows mortgage companies to..?

Mortgage Repossessions
(Protection of Tenants) Act 2010

Property Act 1925 - Section 146 concerns...?

Section 196 Property Act concerns...?

Landlord & Tenant Act 1985
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6

LL & Tenant Act 1985
Section 8

LL & Tenant Act 1985
Section 11

What are the tenant's remedies for disrepair?

Defective Premises Act 1972 says...?

LL and Tenant Act 1987 - section 47 and 48...?

Under common law furnished premises must be...?

What is the 'standard' test for an HMO?

Housing Act 2004 defines HMO as...?

Exmptions to HMO rules? x 5

When does an HMO have to be licensed?

What are the mandatory conditions for an HMO?

Why does LA set up selective HMO licensing in an area?

How long do they last?

Fire regulations for licensed HMOs

When would LA do an Interim management order?

Final Management Orders - how long and what do they cover?

What are the duties of a manager of an HMO?

When can an empty dwelling management order be made? EDMO

When can EDMO NOT be made?

What do overcrowding notices apply to?

Health and Safety at work act 1974 requires employers to...?

Invasive plant species are covered by?

What is covered by the Environmental Protection Act 1990?

What is an Environmental Protection Act 1990 – Abatement notice?

Noise and Statutory Nuisance Act 1993 concerns...?

Noise Act 1996 concerns...?

Definition of anti-social behaviour?

Actions covered by the Anti-social behaviour act 2003... x 10

Defective Premises Act 1972 deals with...?

Housing Health & Safety rating 2004 - Physiological requirements

HHSRS - Psychological requirements?

HHSRS - Infection?

HHSRS - accidents?

Redress schemes cover?

Max value redress scheme can award in compensation?

Third party dispute resolution can be via?

How long does a defendant have to respond to a claim?

How do you act as an expert witness?

What are the advantages of judicial precedent?

What are th disadvantages of judicial precedent?

Complaints to ARLA or RICS can result in?

How is Independent expert determination used?

How is adjudication used?

How is arbitration used?

What can FTT Property Chamber deal with?

What does CPR stand for?

EXAMPLES OF POSSIBLE UNFAIR TERMS x 8 e.g.s
Enforced by competition markt auth CMA

3 pieces of legislation relevant to
EVICTION?