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APC > L&T & Property Management > Flashcards

L&T & Property Management Flashcards

1
Q

Which notice do you serve for a RR under an AHA 1986 tenancy

A

Section 12 - must be served 12 months in advance of the review date

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2
Q

What must a Section 12 notice include for an AHA 1986 tenancy

A

Name of holding, landlord details, tenant details and date, requiring “rent payable to be referred to arbitration from the next termination date”

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3
Q

Explain the Arbitration Act 1996

A

Rent is determined at the date it is payable not the date the arbitration is awarded

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4
Q

Explain the RR formula for an AHA 1986 RR

A

Schedule 2 paragraph 1(1): the rent properly payable in respect of a holding shall be the rent at which the holding might reasonably be expected to be let by a prudent and willing landlord to a prudent and willing tenant, taking into account all relevant factors, including (in every case) the terms of the tenancy (including those relating to rent), the character and situation of the holding (including the locality in which it is situated), the productive capacity of the holding and its related earning capacity, and the current level of rents for comparable lettings

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5
Q

When do you use the Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973

A

When the tenancy agreement is silent to repairs (not in Wales)

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6
Q

What superseded the Agriculture (Maintenance, repair and insurance of fixed equipment) Regulations 1973

A

Agriculture (Model clauses fixed equipment) (England) regulations 2015

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7
Q

What are the Model Clauses and when are they used

A

The Agriculture (Model Clauses for Fixed Equipment) (England) Regulations 2015
Used if the TA is silent - 2015 M/C assumed
If the TA has specific repairs - disregard M/C
If TA references 1973 M/C only use the 1973 M/C
If the TA references 1973 and future amendments use 2015 M/C

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8
Q

How would a LL serve a Notice to Quit on an AHA 1986 tenancy

A

By serving a S.25 notice giving 12 months notice

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9
Q

How would a tenant serve a counter notice to a Notice to Quit given by the LL in an AHA 1986 tenancy

A

By serving a S.26 notice

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10
Q

What is Case A in an incontestable Notice to Quit AHA 86

A

(Age) Retirement of smallholders at 65

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11
Q

What is Case B in an incontestable Notice to Quit AHA 86

A

(Barn) Non-ag use
LL must have PP or PD - LL must prove immediate requirement for land

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12
Q

What is Case C in an incontestable Notice to Quit AHA 86

A

(Crap Crops) certificate of bad husbandry
Not fulfilling responsibilities in accordance of good husbandry

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13
Q

What is Case D in an incontestable Notice to Quit AHA 86

A

(Debt) failure to pay rent
LL can serve this if T fails to pay rent within 2 months of receipt of a N2P

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14
Q

What is Case E in an incontestable Notice to Quit AHA 86

A

(Irremediable breaches) Breaches
E.g. Sub letting/assignment without LL consent, illegal uses

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15
Q

What is Case F in an incontestable Notice to Quit AHA 86

A

(Finance) insolvency of T
served if bankruptcy has been declared or a winding up order made

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16
Q

What is Case G in an incontestable Notice to Quit AHA 86

A

(Grave) Death of tenant
To be served within 3 months of notice of death

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17
Q

What is a section 1(4) notice?

A

Notices to be exchanged between the Landlord and Tenant entering into an FBT that intends the tenancy or proposed tenancy is to be, and remain, a farm business tenancy and
the character of the tenancy is primarily or wholly agricultural.
It must be served separately and before the tenancy agreement/instrument creating the tenancy.

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18
Q
A
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19
Q

What is a section 6 notice?

A

Notice to terminate a periodic FBT (2 years or more term that has been allowed to roll on)

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20
Q

Section 36 of the Agricultural Tenancies Act 1995

A

Makes specific provisions for the service of all notices or documents required or authorised to be given under the ATA95 act

21
Q

What is the difference between a Lease and a Licence?

A

A lease is an interest in land and is transferable. The occupier has exclusive possession.
A licence is a personal right to use land and cannot be transferred.

22
Q

What is the case law differentiating a Lease and Licence?

A

Street v Mountford 1985

23
Q

Minimum length of notice if not specified under tenancy agreement

A

Under common law in absence of a specified (any) length of notice period in the case of a annual tenancy, not less than 6 months notice must be given to terminate on the annual term date of the tenancy.

24
Q

What is Common Law?

A

Law which has been established through precedent within case law rather than statute, such as legislation like acts ATA 1995 etc.

25
Q

What is the basis for a rent review in an FBT?

A

Freedom of Contract (S9 ATA)

Statutory Basis Part II 9-14 ATA 1995 Applies.

Open market rent review – S. 13 (2)
“…the rent at which the holding might reasonably be expected to be let on the open market by a willing landlord to a willing tenant, taking into account all relevant factors…”

26
Q

What are the MEES?

A

Minimum Energy Efficiency Standards. Minimum EPC of E required for residential lettings

27
Q

What are the exemptions of MEES?

A

You do not need to spend up to £3,500 if your property can be improved to EPC E for less. If you can improve your property to E for less than the cap, you will have met your obligation. If it would cost more than £3,500 to improve your property to E, you should install all recommended measures that can be installed within that amount, then register an exemption.
Listed buildings

28
Q

Was the client happy with your proposal at Gesuda?

A

Yes, they were keen to avoid having a void period at the property.

29
Q

How could you mitigate the risk of trespass at Hillside Café?

A

Fencing around the site perimeter could be erected. CCTV.

30
Q

What are the key duties/roles of a property manager?

A
  • Collecting rent and other monies from the tenant
  • Maintaining the property and ensuring regular upkeep, addressing tenant complaints, completing repairs
  • Property inspections
31
Q

What would you have done is a tenant failed to keep up with a payment plan?

A

I would have first contacted them to understand whether there is a problem, then talk to the guarantor is there is one. If issues, serve a section 8 notice on the ground of rent arrears of 2 months or more, and/or section 21.

32
Q

What is a Section 8 notice?

A

Housing Act 1988, used to evict tenants if they are at fault under one of the discretionary or mandatory grounds listed in the Housing Act 1988

33
Q

What is a Section 21 notice?

A

Housing Act 1988, notice of intended possession, used to evict tenants with “no fault” required. May be abolished

34
Q

Do you have a duty to protect trespassers?

A

Yes, the Occupiers Liability Act 1984 offers protection to trespassers. Occupiers have a duty of care to take reasonable steps to prevent harm to any person on their premises, including trespassers. The Act mainly requires occupiers to warn trespassers of any potential dangers or take steps to prevent injury if they are aware of a risk.

35
Q

What defences exist under the Occupiers Liability Act 1984?

A
  1. warning notices given by the occupier that effectively limit or exclude their duty
  2. trespassers willingly accepting the risks associated with their actions, known as volenti non fit injuria
  3. contributory negligence if the trespasser’s carelessness contributed to their own injury
  4. the lack of a duty of care in specific circumstances, such as when the trespasser is engaged in a criminal activity
36
Q

What is in the news that may change the protection of tenants?

A

Renters Reform Bill

37
Q

What can you tell me about the Renters Reform Bill?

A
  • scrap section 21 ‘no fault’ evictions
  • make it illegal for landlords and agents to refuse to rent properties to people who receive benefits or have children
  • create a national landlord register through the new property portal which will give renters all the information they need to make an informed choice before entering into a tenancy agreement
  • introduce new grounds for eviction for landlords who genuinely want to sell their properties or move back in
38
Q

What was included in your Heads of Terms at Sparkford?

A
  • Landlord name and address
  • Tenant name and address
  • Property address and plan
  • Type of agreement
  • Security of Tenure
  • Term
  • Break Clause (1 month, mutual)
  • Use
  • Rent amount and frequency (twice a year)
  • Rent review
  • Assignment and subletting
  • Maintenance & repair
  • Alterations & improvements
  • Insurance
  • Indemnity
  • Rates and services
  • Professional fees
39
Q

What legislation relates to the Right to Manage (RTM)?

A

Commonhold & Leasehold Reform Act 2002

40
Q

What does the Landlord & Tenant Act 1988 say about a landlord’s statutory duties when dealing with licences?

A
  • not to withhold consent unreasonably
  • respond within a reasonable time
41
Q

Does a residential service charge have to be fair and reasonable?

A

Yes, by virtue of the Landlord and Tenant Act 1985

42
Q

What does S21 of the LTA 1985 relate to?

A

Tenant’s right to request written summary of service charge costs from a landlord, which must be provided within 1 month of the request or within 6 months of the end of the period that the request relates to

43
Q

Who should a leaseholder apply to in order to challenge the reasonableness of a service charge?

A

First-tier tribunal

44
Q

Are leaseholders liable to pay ground rent if it is not demanded by a landlord?

A

No

45
Q

What is an administration charge?

A

Payable by leaseholders for approvals, applications for approvals, provision of information by a landlord, failure to make payment by due date, or a breach of lease

46
Q

Why do you use Approved Contractors and how do you enforce this?

A

Helps ensure they have the necessary expertise, licences and insurance in place, ensuring competency, keeping tenants safe and reducing the risk of my client needing to make the same repair multiple times

47
Q

What level of insurance should contractors have?

A

PII, employers liability and public liability insurance

48
Q

What are some of the key points in the RICS Professional Standard Real Estate Management?

A

Applies to management of commercial and residential real estate.
1. Ethics
2. Securing instructions
3. New lettings and lease renewals
4. Managing real estate
5. Portfolio and asset management
6. Ending the instruction
7. Safety and security
8. Business management

49
Q

What are some of the key features of the Homes (Fitness for Human Habitation) Act 2018?

A
  • the building has been neglected and is in a bad condition
  • the building is unstable
  • there’s a serious problem with damp
  • it has an unsafe layout
  • there’s not enough natural light
  • there’s not enough ventilation
  • there is a problem with the supply of hot and cold water
  • there are problems with the drainage or the lavatories
  • it’s difficult to prepare and cook food or wash up

APC (20 decks)

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