1 Flashcards

(48 cards)

1
Q

Which Act gave leaseholders the right to acquire a new lease

A

Leasehold Reform Housing & Urban development Act 1993 - gave leaseholders the right to acquire a new lease

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2
Q

Which Act stipulates service charges are to be held in trust

A

Section 42 of the Landlord and Tenant Act 1987

is the section and act that stipulates that sc are to be held in trust

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3
Q

Which Section of the Landlord and Tenant Act 1985 do leaseholders have the right to request a summary of service charge costs

A

Section 21 of the Landlord and Tenant Act 1985 is the section of the Act where leaseholders have the Right to request a summary of sc costs

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4
Q

What is the rate of tax on service charges funds held in trust

A

20%

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5
Q

The rate of tax on service charges funds held in trust went from what to what in April 2007

A

40% to 20%

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6
Q

Which section and Act defines what is meant by a service charge and what counts as relevant costs

A

Section 18 of The Landlord and Tenant Act 1985

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7
Q

Which section and Act states that service charges are only payable to the extent that they are reasonably incurred i.e. necessary

A

S19 (a) of The Landlord and Tenant 1985 states that service charges are only payable to the extent that they are reasonably incurred i.e. necessary

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8
Q

Which section and Act states that service charges are only payable for services & works carried out a reasonable standard

A

S19 1b)of The Landlord and Tenant Act 1985 states that service charges are only payable for services & works carried out a reasonable standard

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9
Q

Which Act sets out the 3 stage consultation procedure when Landlords is carrying out qualifying works or enters into a Long Term Agreement

A

S20 of the Landlord and Tenant Act 1985 as amended by S151 of the commonhold and leasehold reform act 2002

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10
Q

Which section and Act allows landlords to write to leaseholders within an 18 month timeframe advising and confirming that costs have been incurred

A

S20B Landlord and Tenant act 1985 - S20b Notice allows landlords to write to leaseholders within an 18 month timeframe advising and confirming that costs have been incurred

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11
Q

Which section and Act allows leaseholders to apply to FTT for an order that Landlord costs for tribunal are not passed on

A

S20c Landlord and Tenant act 1985 - allows leaseholders to apply to FTT for an order that Landlord costs for tribunal are not passed on

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12
Q

Which Section and Act allows the ftt to grant a Landlord dispensation in respect of s20 consultation procedure

A

S20za Landlord and Tenant Act 1985 allows the ftt to grant a Landlord dispensation in respect of s20 consultation procedure

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13
Q

Which section and which act allows Leaseholders and registered tenants Associations the right to request a summary of service charge costs etc

A

S21 of Landlord and Tenant Act 1985 allows Leaseholders and registered tenants Associations the right to request a summary of service charge costs etc

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14
Q

Which section and which Act gives the leaseholder once they have received a summary of sc costs the right to inspect & copy documents receipts etc within 6 months

A

S22 Landlord and Tenant Act 1985 allows the leaseholder once they have received a summary of sc costs the right to inspect & copy documents receipts etc within 6 months

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15
Q

Which section and which act provides that an application can be made to the FTT to decide if a sc is payable

A

S27A of The Landlord and Tenant Act 1985 provides that an application can be made to the FTT to decide if a sc is payable

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16
Q

What further can the S27A of The Landlord and Tenant Act 1985 decide

A
S27a of the LLTA 1985 can further decide
The persons who must pay
The Person the sc is paid to
the amount 
the date it is payable
The manner in which it is payable
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17
Q

Which section and Act sets out the formalities for lh to band together to form a recognised tenants association

A

S29 of The Landlord and Tenant Act 1985

sets out the formalities for lh to band together to form a recognised tenants ass

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18
Q

Which section and Act is a LH entitled to ask for a summary of buildings insurance policy & copies & associated docs and proof of payment & copies - to be provided within 21 days

A

S30a of The Landlord and Tenant Act 1985
LH entitled to ask for a summary of buildings insurance policy & copies & associated docs and proof of payment & copies - to be provided within 21 days

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19
Q

Which act gives the LH the Right to a lease extension

A

Leasehold Reform, Housing & Urban Development Act 1993 - gives the LH the Right to a lease extension - 90 years on top of term

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20
Q

Which act gives one or a group of lh’s the right to apply to appoint a new manager for the block - there are exempt LL’s

A

The Landlord and Tenant Act 1987 - gives one or a group of lh’s the right to apply to appoint a new manager for the block - there are exempt LL’s

21
Q

Under which section and which act can individual applications be made to vary a lease

A

Section 35 of the Landlord and tenant Act 1987 - is the section where individual applications can be made to vary a lease

22
Q

if several leases need to be varied which section and which act if majority are in favour

A

Section 37 of the Landlord and tenant Act 1987 is the section and act if several leases need to be varied

23
Q

Which Section and Act required that a demand for payment must be accompanied by Rights and obligations at least 10 point

A

Section 153 of the Commonhold and leasehold reform Act 2002 came into effect 1/10/07

24
Q

which Act sets out the criteria for the Right to Enfranchisement

A

The leasehold Reform, Housing Urban Development Act 1993

25
which act states the Right to Manage cannot be exercised where a Local authority is the immediate Landlord of any of the tenants or flats
The common hold Leasehold Reform Act 2002
26
what % of parties including the LL need to be consenting to the lease being varied
-75% of the parties including the ll must be consenting to a lease being varied - no more than 10% opposed
27
which act sets out criteria for a lease extension
The Leasehold reform, housing and urban Development Act 1993 gave individual leaseholders in blocks the right to acquire new 90 year lease
28
What % of leases must lh hold of qualifying flats in the bock if they want to make a bid for enfranchisement
50% = leases must lh hold of qualifying flats in the bock if they want to make a bid for enfranchisement
29
Which act gave leaseholders the right to acquire a new lease
The leasehold reform housing and urban development Act 1993 = gave right to acquire a new lease
30
Which act stipulates that service charges must be held in trust
Section 42 of the Landlord and Tenant act 1987 = stipulates that service charges must be held in trust
31
Under Section 20C of the Landlord and Tenant Act 1985 , the First Tier Tribunal may prevent a Landlord doing what ?
Passing on their costs of the hearing
32
Which Act gave the Right of pre Emption
The Landlord and Tenant Act 1987 = preemption
33
Which Act gave the Right of Enfranchisement
The Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002
34
Which Act gave the Right to Manage
The Commonhold and Leasehold Reform Act 2002 provides a right for leaseholders to force the transfer of the landlord's management functions to a special company set up by them - the right to manage company. The right was introduced, not just as a means of wresting control from bad landlords, but also to empower leaseholders, who generally hold the majority of value in the property, to take responsibility for the management of their block
35
Ground Rent Notices
Section 166 of the Commonhold and Leasehold Reform Act 2002 - ground rent Notices
36
Which act sets out the leaseholders Right to apply to FTT for an order appointing a new manager
The landlord and tenant act 1987 sets out | sets out the leaseholders Right to apply to FTT for an order appointing a new manager
37
Which act sets out the First Right of Refusal
Landlord and tenant act 1987
38
management audits are give statutory force by which act
The 1993 Leasehold reform, housing and urban development Act 1993
39
Which act sets out Enfranchisement
The 1993 Leasehold Reform Act (as amended) provides the right for the leaseholders (via a special Company - the Right to Enfranchise Company) to compel the Landlord to sell the Freehold to them
40
Which acts gave the right to a management audit
There are further rights of investigation of service charges and management provided by the right to a management audit under the Leasehold Reform Act 1993 and the right to appoint a surveyor under the Housing Act 1996.
41
Which act states that demands for Service charges must be accompanied by a summary of Rights
Commonhold Leasehold Reform Act 2002 The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007
42
What steps can a ll take if a LH is in breach of his lease due to the failure to pay the service charges, ground rent or administration charges to forfeit the lease and to repossess the house or flat.
service of a valid notice under section 146 of the Law of Property Act 1925, the Notice of Seeking Possession.
43
Which act introduced rights in respect of administration charges
The Commonhold and Leasehold Reform Act 2002 introduced rights in respect of administration charges. These are defined as 'an amount payable by a tenant as part of or in addition to rent, which is payable directly or indirectly for:
44
once a summary of charges has been received what section of the act sets out the right to inspect documents relating to the charge as a follow up to provide more detail on the summary
As well as receiving the summary, the leaseholder has the right under section 22 of the Landlord and Tenant Act 1985 to inspect documents relating to his service charge as a follow-up to provide more detail on the summary
45
Which act gives the LH the right to seek a summary of the service charges account
Leaseholders have a statutory right to seek a summary of the service charge account from the landlord under section 21 of the Landlord and Tenant Act 1985.
46
Which act for right of first refusal (rfr)
Landlord and tenant act 1987
47
Which act is disability discrimination
Ddisabilty descrimination act 1995 (dda)
48
Which act is data protection
Data protection act 1998