Property Management Flashcards
What is in a terms of engagement
- CLIENT AND PROPERTY
- LETTING AGENCY AGREEMENT
- CONFLICT OF INTEREST
- IDENTITY CHECKS –
• Form of photographic identification
• Proof of address
• Proof of ownership
• Landlord Registration Number - Communication
- Fee and payment
- Expenses
- Duration & Termination
- Withdrawal
- Changes to agreement
- Method of payment
- VAT
- Professional indemnity insurance
- Client Money
- Occupiers liability
- Unoccupied property
- Letting agent code of practice (Scotland) Regulations 2016
- Complaints handling
- Acceptance of terms
What are Private residential tenancy’s gove by
The Private Housing (tenancies (Scotland) Act 2016
When did Private residential tenancy come into force
The came into force on 1st December 2017
Tenancy deposits gove by
The Tenancy Deposit Schemes (Scotland) Regulations 2011
Tell be about tenancy deposits
Landlords have to register your tenancy deposit within 30 working days of the tenancy starting
A deposit is a sum of money which acts as a guarantee against:
• damage you, as a tenant, may do to the property
• cleaning bills if you have left the property in poor condition
• bills that are left unpaid, for example fuel or telephone bills
• any unpaid rent.
A deposit cannot be used to replace items that are damaged, or worn, due to normal wear and tear
must inform the tenant where the deposit is lodged and certificate
Dispute
The dispute will be referred to an independent adjudicator, who will be handed any evidence that has been submitted
max rent that can be taken 2 months
PRT rent reviews
cannot be increased more than once in any twelve-month period
(Open market value)
Landlord must give the Tenant at least three months’ notice before any increase can take place
Landlord must give the Tenant a Rent-increase notice
Within 21 days of receiving a Rent-increase notice, the Tenant can refer the increase to a Rent officer for adjudication if he or she considers that the rent increase amount is unreasonable,
Short assured tenancy what is it gove by
The Housing (Scotland) 1988
- your tenancy started after 2 January 1989
- you received a special notice (an AT5 form) before the tenancy started telling you that it is a short assured tenancy, and
how to Carrie out a rent review for a short assured tenancy
Just a letter 1 month in advance for the tenant to sign and send back
(open market value)
Short assure tenancy termination
letter of notice to quit
lat least two month notice in writing that they want the property back (section 33 notice)
Landlords sometimes combine a notice to quit and a section 33 notice into one notice, this is OK as long as it:
•gives you at least two months’ notice
•states that the landlord requires possession of the property
•states that once the notice has run out, the landlord still has to get an order from the tribunal before you have to leave
•include information about where you can get advice.
tenant
PRT termination for tenant
tenant 28 day’s
landlord - 28 days ( first 6 months) - 84 day’s
What is an AT5 form
AT5 is the special notice that your landlord must give you if they want your tenancy to be short assured rather than assured. You must be given an AT5 before you move into the property or it will not be a short assured tenancy
what do you have on a set of letting particulars
Land lord reg number letting agent reg number EPC property address council tax deposit rent services accommodation description
Repairing standards goved by
Housing (Scotland) Act 2006 -
legal and contractual obligations of private landlords to ensure that a property meets a minimum physical standard
Repairing standards what are they
- the property must be wind and water tight and in all other respects reasonably fit for people to live in.
- the structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order.
- installations for supplying water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order.
- any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order.
- any furnishings that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed.
- the property must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire.
- the property must have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.
- the property must meet the statutory
Please note that a tenancies of less than 31 days for the purpose of a holiday will not be subject to the repairing standard
Energy Performance Certificate
last for 10 years
The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019
- New rented EPC of E from 1st October 2020
- All rental properties must have an EPC rating of E by 31 March 2022
- EPC of D at change of tenancy from 1 April 2022
- All rental properties must have an EPC rating of D by 31 March 2025
Government have Post-boned until a latter date
