Property Management Flashcards
What factors impact a landlord and tenant relationship?
Market conditions, supply and demand, industry, behaviour
Is MEES applicable to farmhouses?
This is very much a grey area in the legislation, which suggests that houses let under FBTs are outside the scope for domestic MEES. As the tenancy is non domestic, the farmhouse is not considered to be a dwelling. It would be best practice to obtain an EPC for the property in draft but this does not have to meet the requirements under MEES.
What did the Health and Safety at Work Act 1974 introduce?
This Act established the HSE to police health and safety and for any breaches to be considered a criminal offence under it. It set duties for employers to their employees in the workplace, confirming that employers must have safe systems at work, training and supervision.
What are the different levels for listed buildings?
Grade 1 – of exceptional interest
Grade 2* - of more than special interest
Grade 2 – of special interest
What did the Gas Safety (Installation and Use) Regulations 1998 introduce?
Introduced the rule that gas appliances should be checked every 12 months by a Gas Safe Register approved installer. Tenants are to be provided with a copy of the gas safety certificate no more than 28 days after the check and they are to be told if any of the equipment is dangerous by the installer and landlord, as the landlord owes a duty of care to their occupiers. Contravention of this is a criminal offence. HSE have responsibility to enforce these regulations and can serve an Improvement Notice on the landlord or Prohibition Notice on the tenants, ensuring that the tenants do not use the appliance until remedial work has been carried out.
Who are the regulatory bodies for gas safety, electrical safety, oil boilers and EPCs?
Gas – Gas Safe Register, HSE
Electrical – NICEIC
Oil Boilers – OFTEC
EPC – Trading Standards
MEES – Local Authority
What legislation governs EPCs?
Energy Performance of Buildings Regulations 2012
What are the exemptions for MEES?
If you spend up to £3,500 and cannot improve the energy performance rating to make it compliant (although you must spend £3,500 on the property before registering an exemption). If a property is under 50 sq m, if it does not have a heating/air cooling system (agricultural building). If it a listed building and making the alterations required would mean that the character of the building is unacceptably altered in a way that would detriment its overall appearance. If all improvements have been made and the EPC is still below an E.
What are the MEES requirements for commercial property?
All commercial property should be a minimum E energy efficiency rating from 1st April 2023.
When did MEES come into effect?
1st April 2018 for new residential tenancies
1st April 2020 for all existing residential properties
1st April 2023 for all commercial properties
What is outlined in Section 11 of the Landlord and Tenant Act 1985? And Section 10?
Section 10 covers fitness for human habitation, such as freedom from damp, repair, stability, natural light, ventilation, drainage and water supply.
Section 11 covers the basic obligations of the landlord to carry out repairs to the structure and exterior of the dwelling and keep in repair and proper working order the installations in the house, such as electricity, gas, water, space heating and water heating.
What are the different methods of rent reviews?
Market rent review, index linked (RPI/CPI), Fair Rent, Fixed increases, turnover rents, independent expert or arbitrator.
What would you do when a tenant falls into arrears?
In the first instance, I would contact them to set up a repayment plan to collect the arrears. If they fall behind with this, serving a Section 8 notice (breach of tenancy) would allow the landlord to collect rent arrears at a court hearing.
What are the compulsory safety checks for a property?
Gas safety check, asbestos management, electrical safety checks (5 yearly), carbon monoxide and smoke alarm testing, EPC, boiler servicing and legionella disease tests.
What are landlord’s requirements for legionnaires disease?
Legionnaire’s disease is a pneumonia type illness caused by the legionella bacteria, infection is caused when water droplets from a contaminated water source are inhaled. Under the Control of Substances Hazardous to Human Health Regulations 2002, landlords must flush out the system prior to letting the property and not allow water to stagnate in the system, which requires careful management of vacant properties. We operate a flushing regime for vacant properties and there is a clause in the tenancy agreement for tenants to ensure that water does not stagnate during the tenancy. The water system can also be tested by a plumber for legionella bacteria.
What is the role of a building surveyor?
A building surveyor will instruct architects to prepare plans and estimates for work, advising on property law in relation to the construction of property and also building regulations. They will also oversee construction projects.
