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Housing test > Housing Test 1 - Ruth > Flashcards

Housing Test 1 - Ruth Flashcards

1
Q

What where some Diseases going around

A

Tuberculosis (TB)

Typhus

Small Pox

Dysentery

Cholera

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2
Q

who fixed Cholera in London

A

Dr John Snow

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3
Q

what act banned open Sewers

A

The Public Health Act 1875

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4
Q

what is Tolerable Standard

A

The Tolerable Standard is the ‘condemnatory standard
Any house that falls below the tolerable standard is deemed to be unfit for human inhabitation
The Tolerable Standard is now set out in sections 85-87 of the Housing (Scotland) Act1987.

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5
Q

Can tolerable Standard allow for Housing Action Areas

A

Yes

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6
Q

What are some ways a house meets Tolerable Standards

A

It is structurally stable.
is substantially free from rising or penetrating damp, has satisfactory provision for natural and artificial lighting, for ventilation and for heating.
has satisfactory thermal insulation.
has an adequate piped supply of wholesome water available within the house.
has a sink provided with a satisfactory supply of both hot and cold water within the house.
has a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house.
has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house.
has an effective system for the drainage and disposal of foul and surface water.
has satisfactory facilities for the cooking of food within the house and
has satisfactory access to all external doors and outbuildings.
Interlinked smoke and heat alarms.
Appropriate CO alarm.

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7
Q

What is Structurally Stable, what are the main elements

A

Every house must be structurally stable.
Roof structure and chimneys
Load bearing walls
Lintels, sills, mullions and wall ties
Floors and stairs
Load bearing beams and columns
Foundations

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8
Q

What are some different forms of cracking

A

Historic Cracking – is cracking which has occurred in the past, it shows that the house has moved but is not necessarily evidence of a current problem.

Fresh Cracking – indicates possible structural instability, it shows the house has moved and may possibly continue to move.

Movement and Displacement – when a house moves it may result in the displacement to the normal shape or profile of the building

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9
Q

What are the dangers of damage to timber in a house

A

Any or all of these can reduce the load bearing capacity of a structure.

Instability of a structure will deem it below tolerable standard.

A competent person should be consulted if you believe this to be true.

Wood may be effected by rot when exposed to moisture.

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10
Q

Sign of Rot

A

It may show as a brown or dark brown colour.
It may develop deep cracks along or across the grain.
Crumbling or disintegration, particularly at the ends of beams / supports.
Timber infestations (woodworm) showing pinprick holes, frass (insect faeces which looks like fine powdery dust between the holes) on the surface of the wood and in sever cases crumbling.

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11
Q

Information on Rising Damp

A

This is the vertical movement of water from the ground into the fabric of a building
It effects any part of the building in contact with the ground, usually the wall.

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12
Q

how far up would rising damp typically not go past

A

Usually moisture will not travel above 1.2 m from ground level

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13
Q

What is Penetrating Damp

A

This is where moisture enters a house from outside due to a defect in the building structure.

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14
Q

What is a DPC

A

Damp Proof Course

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15
Q

What are the percentages if visible penetrating damp covers a area of that makes is bellow tolerable standard

A

10% of the overall wall space in one apartment within a house.
10% of the ceiling in one apartment within the house.
20% of overall wall space or ceiling in one or more other spaces within the house

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16
Q

Is condensation included in tolerable standard

A

NO

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17
Q

When was electrical supply added as a tolerable standard

A

2006

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18
Q

if there is no cooker is it bellow tolerable standard

A

NO
the presence or lack there of, of a kitchen should not be taken into consideration. The only requirement is that there be a suitable location for a cooker to be installed

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19
Q

Who determines if a property is bellow Tolerable standards

A

EHO housing department

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20
Q

what would make a house meet tolerable standards

A

It is structurally stable.
is substantially free from rising or penetrating damp, has satisfactory provision for natural and artificial lighting, for ventilation and for heating.
has satisfactory thermal insulation.
has an adequate piped supply of wholesome water available within the house.
has a sink provided with a satisfactory supply of both hot and cold water within the house.
has a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house.
has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house.

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21
Q

What is one method of dealing with a BTS

A

Closure Order
Demolition Notice
Work Notice
Missing Share
Maintenance Order

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22
Q

what does a closure notice do

A

prohibits the use of the building for human occupancy.

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23
Q

What does a demolition Notice do

A

This gives LA’s the power to vacate and demolish properties which they believe to be Below Tolerable Standard.

If this is not done the LA may acquire the property and demolish it.

The property owner has the right to bring the property to the appropriate standard to prevent demolition being necessary.

The owner has 21 days to appeal.

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24
Q

What is a Work Notice

A

A Work Notice is served where a council believes that a building is substandard and the owner is not taking action with regard to issues of disrepair voluntarily.

After the timescale if a work notice is completed then the LA may inspect to determine whether the work has been completed.

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25
Q

What is a a Missing Share

A

This is where the majority of owners within a property of shared ownership agree to carry out repairs, the Council may pay for the few that refuse to pay and recoup the cost from them.
his is also done at the discretion of the Council.

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26
Q

What is a Maintenance Order

A

For properties in common ownership and in need of maintenance the LA may request that the owners put in place a maintenance plan.

This would require owners to pay a certain amount periodically to ensure the maintenance plan is completed.

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27
Q

Who does the repairing standard applies to

A

Private Landlords

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28
Q

What legislation is the repairing standard apart of

A

Housing (Scotland) Act 2006

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29
Q

What legislation added more to the repairing standard

A

The Housing Scotland Act 2014

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30
Q

How does a privately rented property meet the repairing standard

A

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

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31
Q

The Housing Scotland Act 2014 what were the changes to meet new repairing standards

A

Satisfactory provision for detection and warning of fires.
Electrical installations and appliances in private rented property.
The provision of carbon monoxide alarms in the private rented sector.

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32
Q

What must a landlord provide there Tennent

A

carry out a inspection to repairing standards
provide gas safety certificate
electrical installation condition report
electrical safety certificate
energy performance certificate

33
Q

When are HMO applied

A

HMO Licences apply to all properties which are the only or main resident of three or more people who are not related.

34
Q

What brought on the need for HMO

A

1999 two students were killed in a fire in a 3 bedroom basement flat which had bars on the window and no functioning smoke detection, this prompted the need for Licencing

35
Q

What was the first piece of legislation that created HMO

A

Civic Government Act

36
Q

What legislation fixed the short comings of HMO

A

The Housing (Scotland) Act 2006

37
Q

Who can apply for a HMO

A

Only the owner can apply for an HMO Licence even if the property is leased or managed by others.

38
Q

What are the exemptions of HMO

A

When the property is owner occupied, occupied by a member of the owner’s family or where there are no more than two non-related people in the property.

Certain categories of care accommodations are exempted as they are inspected by the Care Commissioner.

Religious accommodation where no more than two non-religious people live.

39
Q

How much of a plentily can there be if there is no HMO

A

It is a criminal offence to operate an HMO without a Licence and it has a maximum penalty of £50,000.

40
Q

Where does a Owner apply

A

The owner submits an application together with a fee to the Licencing Department of the Local Authority.

The owner must display a notice outside the property for 21 days informing the public of the application and giving time for objections.

The public notice may be removed if there is a threat to an individual or a threat to property damage should the notice be erected.

41
Q

How does the LA decide

A

The applicant and their agent is a fit and proper person to hold a licence.
The property is suitable to be an HMO or could be made so by including conditions in the licence.
The local authority cannot consider an application from the same applicant for the same property within one year of having refused the previous application. Or any application where the person was deemed not to be a fit and proper person.
The LA must consult with the Chief Constable of the area to ensure there are no relevant criminal convictions.

42
Q

Are fire and rescue service involved in a HMO

A

Yes they need to be made aware and they carry out an inspection

43
Q

Are La required to have HMO on a register

A

Yes passed and not passed applications

44
Q

How long will a HMO last

A

3 years and then renewal must be sent

45
Q

Why might the LA revoke a HMO licence

A

The Licence Holder or Agent is no longer a suitable person.
The property is no longer suitable for an HMO and this cannot be rectified.
A condition of the licence has been breached.

46
Q

What are some other departments that will be involved in a HMO

A

Legal Services/Licensing Section
Landlord Registration
Environmental Health
Building Control
Housing
Fire Authority (statutory consultee)
Chief Constable (statutory consultee)

47
Q

How would the LA decide they are a Fit and proper person

A

Committed certain types of offence including fraud, acts of dishonesty, violence or drugs.
Practised unlawful discrimination.
Contravened housing law or landlord or tenant law.
Carried out actions or failures to act in relation to antisocial behaviour affecting a house let by the applicant or for which the applicant was an agent.
Firearms or sexual offences.
The LA have regard for any other material it may deem to be relevant.

48
Q

What are some core conditions for HMO

A

LC3 – The Landlord must act lawfully and responsibly in requiring any advanced payments, handling rent, returning deposits and making deductions from deposits. This must be clearly detailed in the Tenancy Agreement.
LC4 Actions to secure repossession must be only by lawful means
LC9 Tenants must be given clear advice on action to be taken in the event of an emergency.
LC14 – Liquefied Petroleum Gas (LPG) shall not be used or stored on the premises.
LC21 – Where appropriate tenants should be provided with lockable kitchen cabinets.

49
Q

What are some mandatory conditions for a tenant occupancy agreement

A

TE1 - The tenancy / occupancy agreement clearly sets out the amount of rent, what it covers, how it is to be paid, how any changes of rent will be notified to the tenant, arrangements for return of rent deposits and how any deductions from the deposit will be agreed
TE5 - The tenancy/occupancy agreement provides 24 hour emergency contact details and gives details of the landlord or agent’s name and address.
TE7 - The tenancy/occupancy agreement states the start and end date of the tenancy
TE10 - The tenancy/occupancy agreement confirms that the tenants will not use or allow that accommodation to be used for illegal means

50
Q

For HMO what age is considered an adult

A

children over 10 are classed as adults, children aged 1 – 10 are classed as half an adult and children one and under are not counted

51
Q

Are members of the landlords family counted in HMO calculations

A

NO

52
Q

What needs to be in a bed room for a HMO

A

A bed
A wardrobe (except where a built in wardrobe of equal size is provided), and
A chest of drawers
Together with adequate space.

53
Q

What needs to be in a Kitchen for a HMO

A

one sink for every six people, with integral drainers.
adequate food storage for the number of occupants (lockable where requested by occupants).
adequate impervious work surface.
one cooker for every six people, with adequate activity space around it.
Microwaves and dishwashers may be provided but do not replace the need for cookers and sinks.

54
Q

What needs to be in a Sanitary, water and drainage in a HMO

A

There should be;
one WC for every five people
one bath or shower for every six people.

Every Toilet should have a wash hand basin within the toilet or in an adjacent space. The toilet and WHB should be separated by a door from any room used wholly or partially for food preparation.

There should be hot and cold running water and suitable drainage which complies with British/European Standards.

55
Q

For Space heating a HMO what are the Rules

A

Each bedroom or living room must have a space heating appliance or be serviced by a central heating system.

Liquid Petroleum Gas Heaters should not be used.

A hard wired Carbon Monoxide meter must be used in accordance with manufacturers instructions and fitted in any room with a gas firing equipment. This must have a Periodic Inspection Report.

56
Q

What are some fire safety requirements for a HMO

A

Every HMO must have adequate fire precautions, including provision for:
detection and giving warning in case of fire;
escape from the building; and
fighting fire.

A fire safety risk assessment should also be completed

57
Q

What are the electrical socket rules in a HMO for a Kitchen, Bedroom, living Room and rest of building

A

6 in each kitchen
4 in each bedroom and living room
4 additional sockets anywhere in the building.

58
Q

What is difference of Tolerable and repair

A

Tolerable = whole roof
Repair = Tile in roof

59
Q

What legislation for the repairing standard

A

the Housing (Scotland) Act 2006

60
Q

What is the Repairing standard

A

The Repairing Standard is a basic level of repair that all private rented properties must meet

61
Q

What does the housing Scotland act 2006 allow tenants to do

A

report a breach of the repairing standard

62
Q

Can LA report a breach on behalf of tenant for repairing standard

A

yes but usually when they don’t have capacity

63
Q

What is the name to the reporting of repair standard

A

The Housing Tribunal

64
Q

How long does LA before they need to reply to a landlord registration

A

12 months

65
Q

Are letting agents required to be registered (What must they also pass)

A

Yes they are - Fit and proper person

66
Q

What are some exemptions to the repairing standard

A

the required work does not come within the terms of the repairing standard
the repair work needing done results from damage caused by the tenant
the work relates to the repair or maintenance of anything that the tenant is entitled to remove from the house.

67
Q

Is there cost involved for the first tier tribunal

A

No but costs can be claimed through expenses if bad behaviour is found

68
Q

first tier tribunal what must be done first

A

the applicant must notify the landlord that work requires to be done to ensure that the house meets the repairing standard.

69
Q

what is the best way to carry out messages during a first tier tribunal

A

e-mail or send a letter by recorded delivery post to the landlord or letting agent, and keep a copy of the letter sent

Must also detail what has to be done

70
Q

Can you send information last minute during a first tier tribunal

A

No time must be given

71
Q

Where can you get an application for first tier tribunal

A

first tier tribunal website

72
Q

What must be added to the first tier tribunal application

A

A copy of the lease, or tenancy agreement,
A copy of the notification to the landlord of the work required, and any subsequent correspondence relating to the notification

73
Q

If the application makes it to the tribunal what happens

A

all parties will be sent a Notice of Referral, Inspection and Hearing
date for the inspection and subsequent Hearing,
and asking for any written representations to be submitted.

74
Q

Who would be chair at a tribunal

A

The legal member will always be the chairing member of the tribunal.
All legal members appointed to the Chamber are qualified as solicitors or advocates

75
Q

Who would be a ordinary member at a tribunal

A

qualified as chartered surveyors, or have other experience of or practical involvement in housing and land related issues.

76
Q

When will the tribunal decision be decided

A

not usually give a decision on the day for repairing standard cases.
sent out soon after the hearing along with a statement of reasons for the decision
decision issued to the parties within 21 days after the date of the decision

77
Q

What are three possible out comes form a first tier tribunal

A

landlord has complied - case closed

Failure to Comply (lack of rights) - landlord has failed - lacks the necessary rights - served to LA

repairing standard enforcement order -landlord has failed - has the necessary rights to carry out the work

78
Q

What is the repairing standard enforcement order

A

It is a criminal offence not to comply with an RSEO
It is served on the title of the house and remains until fixed
Landlord has 21 days to complete

79
Q

When is a Certificate of Completion given

A

when work is complete from a repairing standard enforcement order

Housing test (2 decks)

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