Landlord & Tenant Flashcards

Question

What is enfranchisement?

Answer 1

The phrase “enfranchisement” is used to cover three rights which tenants potentially have. They are: 1) The right of a tenant of a house to acquire the freehold; 2) The right of tenants in a block of flats together to buy the freehold (this is called “collective enfranchisement”); and 3) The right of a tenant of an apt to extend the lease of his flat.

Answer 2

Forfeiture – a tenancy may come to an end as a result of forfeiture whereby the landlord becomes entitled to re-enter a premises as a result of a tenant breach of one or more lease terms. Where you are acting on behalf of the freeholder or head landlord with a reversionary interest, you should have procedures in place to guard against the possibility of a waiver of the right of forfeiture. Legal advice should be taken, if necessary.

Answer 3

Nothing stays the same for long in the rental sector!! 1) Greater control of rent increases and greater security of tenure for tenants was part of the Government Housing for All document. 2) Covid related changes to legislation during the pandemic created temporary and permanent changes to the Residential Tenancies Act on covid related terminations (extended to 90 days notice, rather than 28), and rent arrears. RTA 2020 did NOT affect rules around setting rent for non covid affected tenancies, these remained the same. Tenancies affected by covid were not allowed to receive rent increases. 3) The Residential Tenancies (No.2) Act 2021 (RTA(2) 2021) was enacted on 9 July 2021 and introduces permanent changes related to RPZs, rent reviews, deposits and Student Specific Accommodation. 4) Residential Tenancies (Amendment) Act 2021, had introduced 1) 2% rent cap and 2) security of tenure extended.

Answer 4

- House rules commonly do not allow short term lets. - Lease agreeements often do not allow short term lets. - Short term holiday lets do not come under the remit of the RTB. - Airbnb's in RPZ areas require planning permission for change of use. It is unlikely that planning permission will be granted in areas of low rental stock supply (RPZ's). In the O'Connor Murphy lease, we do not specify that tenants cannot do short term lets. We cover in the clause on subletting. "If the Tenant proposes to create a sub tenancy, the Tenant is obliged to inform the person with whom he is intending to create the agreement that the nature of the tenancy is a sub-tenancy. The Tenant must obtain the Landlords prior written consent (such consent not to be unreasonably withheld) before entering into a sub-tenancy agreement."

Answer 5

The minimum standards are set out in the Housing (Standards for Rented Houses) Regulations 2019.

Answer 6

The Residential Tenancies Board was set up under the Residential Tenancies Act 2004. ... The RTB's main functions are to: 1) Maintain a register of private residential tenancies, tenancies of approved housing bodies and student-specific accommodation tenancies. 2) Provide a dispute resolution service for tenants and landlords. 3) Carry out research into the private rented sector 4) Provide policy advice to the Government on the private rented sector

Answer 7

Residential Tenancies (Amendment) Act 2021 came to effect in December 2021. - Rent capped at 2% in RPZ's or inflation as recorded by HICP. - Security of tenure extended: Tenancies of Unlimited Duration. Previously after 6 years of a Part 4 tenancy, the landlord could end the tenancy without reason. RTA Amendment 2021 removes the landlords right to end without reason after 6 years, effective from June 22.

Answer 8

An RPZ is an area where the rent increases have been at 7% or more in four of the previous 6 quarters of the RTB rent index, and where rent is above the national average. Rent cannot be above the local market rent, 3 comparables are required. All RPZ's are now extended to Dec 2024. Rent reviews every 24 months. Rent increases are capped at 2% or inflation as per HICP (whichever is lower).

Answer 9

1) If a property is new to the rental market and has not been rented at any time in the previous 2 years, rents may be set at the market rent and the caps do not apply. 2) Properties that have undergone a “substantial change” in accordance with the strict criteria set out in the legislation are also exempt from the rent caps. Importantly, landlords seeking to rely on an RPZ exemption are now required by law to submit notification of this to the RTB within one month of the new rent amount being set. The RPZ prescribed ExemptionForm located on www.rtb.ie must be used when notifying the RTB.

Answer 10

If a property is new to the rental market and has not been rented at any time in the previous 2 years, rents may be set at the market rent and the caps do not apply.

Answer 11

* The Residential Tenancies Act 2004 (as amended 2015/2016/2019/2020/2021) * The Planning and Development, and Residential Tenancies Act 2020 * The Housing (Standards for Rented Houses) Regulations 2019 Residential Tenancies Act 2004 Scope - private and public rentals, student accomm. Tenancies Database - Annual Registration required by landlords Planning permission required for short term lettings and licences in Rent Pressure Zones Rent restrictions in Rent Pressure Zones 2% or rate of inflation. RTB powers of investigation for improper conduct. RTB powers of sanction for improper conduct. Security of tenure - Part 4 rights. 6 grounds to terminate. 6 years has been extended to unlimited timeframe. Notices of termination may be remedied and landlord notice periods are extended. RTB must publish its determination orders. RTB to publish report on rental figures.

Answer 12

As per the RTA 2019 amendment, the Residential Tenancies Board (“RTB”) may of its own volition or on foot of a complaint, commence an investigation in respect of possible improper conduct by a landlordThe RTB must investigate a complaint unless it is satisfied that: insufficient information has been provided; the complaint does not relate to improper conduct; the complaint is frivolous or vexatious, without substance or foundation or has not been made in good faith; or the complaint should be resolved under the dispute resolution provisions of Part 6 of the 2004 Act. Importantly, where a complaint is withdrawn, the RTB may still investigate the conduct complained of on the basis of its independent powers of investigation.

Answer 13

If it is found that improper conduct has occurred, a sanction can be imposed on the landlord. This can be one or more of the following: a direction to pay the RTB a sum not exceeding €15,000 by way of financial penalty for the improper conduct; a direction to pay the RTB a sum not exceeding €15,000 towards the costs of the investigation; and/or a caution to the landlord. A written record of the decision and sanction along with the reasons for the imposition of a sanction will be given to the landlord. The sanction must then be confirmed by the Circuit Court. The landlord also has a right of appeal to the Circuit Court against the sanction.

Answer 14

Tenants have a right to: 1) to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint. 2) To to certain minimum standards of accommodation 3) to a rent book 4) to contact the landlord or their agent at any reasonable times. You are also entitled to have appropriate contact information for them (telephone numbers, email addresses, postal addresses, etc.) 5) Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency 6) to be reimbursed for any repairs that you carry out that are the landlord's responsibility 7) to have visitors to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord if you have an extra person moving in 8) to a certain amount of notice of the termination of your tenancy 9) to at least 90 days’ notice if your landlord wants to review the rent, and there are rules about how often they can do this 10) to refer any disputes to the Residential Tenancies Board (RTB) without being penalised for doing so 11) to a copy of any register entry held by the RTB about your tenancy 12) All homes for rent must have a Building Energy Rating (BER).

Answer 15

As per RTA 2004, landlords have the right to: 1) Set the rent of the property and receive rent in full from the tenant on the date it is due. 2) End the tenancy in the first six months without reason. 3) Be told who is living in the property and decide whether to allow the tenant to sub let the property. 4) Be told about any repairs needed and be given reasonable access to fix them. 5) Refer disputes to the RTB.

Answer 16

Landlords and tenants should use the rent calculator and rent review template found on RTB website. Landlord must provide 90 days notice to the tenant. Landlord must notify RTB of new higher rent. Inside RPZ Rent reviews every 2 years. Rent caps of 2% or rate of inflation as per HICP. Use the RTB Rent Calculator on www.rtb.ie to calculate the new rent amount for tenancies within Rent Pressure Zones. Outside RPZ Rent reviews every 2 years. Must be based on current market rent and three comparable properties must be provided by the landlord.

Answer 17

The RTB website provides template rent review form. It contains: 1) New rent on property 2) If in RPZ, show calculation for new rent. 3) If availing of RPZ exemption, state how and why. 4) When new rent starts 5) Disputes can be referred to RTB within 28 days of receipt or before new rent start date 6) That new rent is not greater than market rent 7) Three comparables (best practice to attach the adverts) 8) Date 9) Signed by landlord / agent

Answer 18

Rent, deposits, tenancy duration, affordability, entitlement to Housing Benefit, point of contact, Smoking, pets, bills, fixtures and fittings, smoke alarms, carbon monoxide detectors, safety, condition, landlord identity.

Answer 19

Payment of rent and bills, looking after the property, respecting neighbours, not subletting without consent and other issues relating to occupation of the property by the tenant.

Answer 20

Maintenance, gas and electrical safety checks, notice for inspections, licensing, insurance and health & safety.

Answer 21

BER is a Building Energy Rating – it is a certificate that indicates the energy performance of a building based on a scale of A-G. It is calculated through energy use for heating, lighting and ventilation. It is a legal obligation to have a BER rating for the letting or sale of any building, apart from those exempt such as protected structures.

Answer 22

All homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is. This will help the tenant to make an informed choice when comparing properties to rent.

Answer 23

Security of tenure is a tenant’s right to stay in rented accommodation for a set amount of time. If you have been renting for at least 6 months and have not been served with a valid written notice of termination, you automatically get security of tenure (part 4) and can stay in the property for a number of years This means when you have rented somewhere for 6 months, you then have the right to stay in that accommodation indefinitely, unless the landlord wants to terminate your tenancy for one of the 6 allowed reasons.

Answer 24

Before Dec 2016 = period is 4 years After Dec 2016 = period is 6 years. After June 2022 = unlimited security of tenure.

Answer 25

Part 4 of the Residential Tenancies Act 2004, which deals with security of tenure.

Answer 26

Deposit = 1 months rent. Cannot be over 2 months (max 1 month, 1 deposit). As per RTA 2021. Students can make the exception if they choose. The landlord must provide you with an inventory of the contents of the property. You should keep a record of the condition of everything that is listed, taking photos if possible, and agree this in writing with your landlord. ``` At the end of a tenancy it is up to the landlord to prove why they are retaining some or all of the deposit. The landlord may keep part or all of the deposit in the following situations: Rent arrears Unpaid bills Damage above normal wear and tear If you have not given adequate notice ``` Return the tenants’ deposit promptly at the end of the tenancy, unless lawfully withheld.

Answer 27

Either sent to the landlord or else kept in the agent client account.

Answer 28

Local Property Tax (LPT) is charged on an annual basis on residential properties in Ireland. Payable by property owner, to the local council.

Answer 29

A fixed-term tenancy is an agreement that covers a specific amount of time. It is generally (but not always) set down in a written contract, called a lease. It may be for any period, but can range from as little as 6 months up to a year or more. The landlord cannot end the tenancy before the end of the fixed term unless you have breached your obligations. A rolling contract (periodic tenancy agreement) does not specify a fixed length of time. The rolling monthly contract, is also known as a Part 4 contract. You can terminate a tenancy within 6 months, (no reason needed). In a fixed term 12 month contract, you cannot terminate in 1st six months.

Answer 30

19 The Garnish - the rental market was particularly active in Cork city. Supply of high quality apartments in the city centre was low, and demand was very high. I provided the rental value of €2100 per month.

Answer 31

Firstly, the valuer needs to search for comparable evidence. They will need to record comprehensive details. Then, Analyse the net effective rate, i.e. taking any incentives into account Collate evidence in a schedule or matrix Adopt a common measurement or comparison standard Adjust quantitatively and qualitatively using the hierarchy of evidence and other key considerations (including the valuer’s own knowledge and experience) Analyse to form opinion of value Stand back and look to sense check the final valuation figure Report their opinion to the client

Answer 32

RICS have categorised comparables into three categories, forming a hierarchy of evidence: Category A – direct transactional evidence Category B – general market data providing guidance rather than a direct indication of value, such as evidence from published sources, commercial databases, indices, historic evidence and demand/supply data Category C – other sources, such as transactional evidence from other property types and locations and other relevant background data

Answer 33

€1397 per month at end of Q3 2021

Answer 34

Cork city is €1544 per month at end of Q3

Answer 35

Negotiating the provision of a lawnmower and table top dish washer in 3 Hazelgrove, Ballincollig.

Answer 36

I reviewed complex leases for auction properties being sold with tenant in situ. I looked out for any unusual clauses within the lease which might after the saleability of the property.

Answer 37

When I was a full time property manager, the fund were selling the portfolio that we managed. We were required to issue NOT's and statutory declarations to the tenants in the properties being sold. I used the NOT template from the RTB website. I infilled the required information. I gave the tenant an extra week on top of the required notice period, to ensure it's validity if there was lost post/ delay in receiving the info. I accompanied the NOT with a stat dec, declaring the intention to sell the property. I sent NOT & Stat Dec by registered post. I called the tenant in the following days to confirm that they received the post and to answer any questions they may have.

Answer 38

A 28 day warning was provided. Warning notice must be sent to the RTB on same day as sent to tenant. Verbal and written communication with the tenant. Logged all communication on CRM system, to avoid future dispute. Notice of Termination must be sent to RTB on same day as sent to tenant.

Answer 39

Considered a payment plan and gave this option to the tenant. Reached out to the tenant by phone, email and letter. Wanted to offer a payment plan, rather than termination notice, as then the tenant would remain in the property. When the tenant did not cooperate, I made the decision to send the NOT. Adhered to RTB NOT requirements.

Answer 40

When a landlord intends to sell the property within 9 months of termination, a Stat Dec must accompany the NOT, confirming this intention. When a landlord requires the property for their own use, a stat dec must accompany to confirm occupant's ID, relationship to landlord, expected duration of occupancy. Stat dec must also confirm that the landlord is required to offer a tenancy to the tenant if the dwelling is vacated within 12 months of termination.

Answer 41

``` Less than 6 months - 28 days 6m - 1 year = 90 days 1 - 3 yrs = 120 days 3 - 7 yrs = 180 days 7 - 8 yrs = 196 days 8 years plus = 224 days ```

Answer 42

``` Less than 6 months - 28 days 6m - 1 year = 35 days 1 - 2 yrs = 42 days 2 - 4 yrs = 56 days 4 - 8 yrs = 84 days 8 years plus = 112 days ```

Answer 43

If there is a high and imminent risk of death, serious injury or danger to the structure of the property as a result of the landlord’s failure to comply with their obligations, the tenant only has to give 7 days notice. Warning letters do not need to be sent in this situation.

Answer 44

The Residential Tenancies Board (RTB) is a public body set up to support and develop a well-functioning rental housing sector. Our remit extends to both the Approved Housing Body sector and the private rental sector. Our role is to regulate the rental sector, provide information to inform policy, maintain a national register of tenancies, resolve disputes between landlords and tenants, initiate an investigation into conduct by a landlord and provide information to the public to ensure tenancies run smoothly and no issues arise.

Answer 45

Landlords and tenant are encouraged to talk first. RTB telephone mediation (free) RTB adjudication €15 online, €25 for paper. RTB Tenancy Tribunal €85 online and €100 for paper. I brought the case to the RTB and submitted a dispute application for adjudication. I submitted evidence and built a case. On the adjudication day, the tenant acknowledged the failed payments and all evidence submitted to be true. She couldn’t afford to pay rent due to personal circumstances, the tenant apologised for the lack of communication and the adjudication ended.

Answer 46

Two options: 1) You can request Legal Assistance from the RTB to enforce an Order through the District Court through the Legal Assistance Program. 2) You can take your own enforcement proceedings in the District Court. (step by step guide on RTB website)

Answer 47

Adjudication involves a a formal process of investigation into the issue at dispute through evidence and witnesses. The adjudicator makes a binding decision, and the Determination Order is issued to both parties. Adjudication is confidential but the Determination Order will be published on the RTB website and will list the names of the case parties and the rental property address. An appeal will go to the Tribunal.

Answer 48

I collated all evidence including the lease agreement, rent book, late payment notices, termination notice, and correspondence for the adjudicators review.

Answer 49

The adjudicator deemed the termination notice to be valid and a legally binding determination order for the tenant to vacate the property was issued to both parties. The arrears had to be paid over a 3 month period.

Answer 50

1. Take a property inventory. 2. Check the property fulfils safety requirements 3. Communicate lease & key information 4. Follow-up with tenant’s references 5. Obtain a security deposit from tenant 6. Sign Lease Agreement & Register with the Residential Tenancy Board (RTB)

Answer 51

Empty properties by their very nature are more vulnerable than occupied ones and the impact of any problems arising, such as a leaking roof, tend to have a greater impact as they can go unnoticed for longer periods. Property owners have a legal responsibility to keep empty premises safe and to maintain the validity of their insurance cover for the building. The property needs to be secured well to prevent unauthorised entry. Steps: 1) Undertook a risk assessment 2) Pay particular regard to security/ safety/ ensure property has no signs of unauthorised entry. 3) Surrounding area/ Location 4) Property details 5) Construction 6) Condition of external and internal 7) Heating and electrics, plumbing 8) Defects/ repairs required 9) Write up notes. 10) Upload to CRM system and share with client.

Answer 52

Being alone in an empty dwelling increases the level of risk, surveyors should be aware of risks in relation to empty properties. Clarify how to gain access to the property as part of your vendor liaison pre-inspection process. Take a charged mobile and personal alarm Plan an escape route Implement a call back system with office (e.g. a safe word) & Make your daily schedule available to colleagues Be careful in roof voids and when using ladders Park your car close by and keep your keys on you Follow your gut instinct

Answer 53

Take details (size, no. beds, garden, parking, new kitchen) Organise BER Take photos and walk through video Upload all marketing material to AQ AQ sends to Daft & MyHome Check the ad to confirm that it uploaded correctly. Carried out viewings. Removed ad a few days later once applications were recieved.

Answer 54

Part 4 Tenancy (rolling monthly contract)

Answer 55

Chose a couple a their friend who were all in permanent employment. They prepared the applicant pack efficiently and submitted the day after the viewing. 30 years old. Chose these applicants as they were from the area so they were familiar with location, permanently employed, could easily afford rent, very friendly and good judge of character at the viewing, landlord and employment references checked out.

Answer 56

A Part 4 lease gives more flexibility. If the tenancy doesn't work out in the first 6 months, the landlord can terminate the contract without a valid reason. This cannot be done in a fixed term contract. Both contracts give security of tenure after 6 months.

Answer 57

A rolling contract (periodic tenancy agreement) does not specify a fixed length of time. The rolling monthly contract, is also known as a Part 4 contract. The landlord can end the tenancy at any time during the first 6 months of the tenancy without having to give a reason, but, in general, you will get security of tenure after 6 months. If the landlord wants to end the Part 4 contract, a valid written notice of termination is needed. As a tenant, you can end the periodic tenancy at any time. You do not have to give a reason.

Answer 58

``` Inspect the property Provide rental value Market online Host viewings Select tenants Prepare lease and inventory Collect deposit and rent Check in appointment Set up the tenant and answer queries Register tenancy with the RTB ```

Answer 59

The Housing (Standards For Rented Houses) Regulations 2019 came into effect in May 2019. The building must be free from damp and in good structural repair. There must be hot and cold water available to the tenant. The building must have adequate ventilation and heating, which the tenant can control. Appliances must be in good working order. Electrical wiring, gas and water pipes should be in good repair. A 4-ring hob, oven, grill, fridge, freezer (or combined fridgefreezer), and microwave oven must be provided. This does not apply to Approved Housing Body tenants. Access to a fire blanket and fire alarms. Access to refuse bins. Provision of laundry facilities like a washing machine and access to a dryer (if there is no access to a yard) – this does not apply to Approved Housing Body tenants. Window safety restrictors to prevent fall where the opening is more than 140 cm above the external ground level. Properties should contain, where necessary, carbon monoxide alarms in suitable locations. Each bathroom should contain a permanently fixed heater and ventilation that is properly maintained.

Answer 60

I prepared a rental valuation. How? Competence Conflict of Interest Check Terms of Engagment Letter Carried out desktop research, risk assessment and made access arrangements. Inspected the area, external, internal property. Checked condition, inventory, size. Checked previous rent, not relevant as new rental (vacant for over 2 years) Gathered three comparables, made adjustments. Provided rationale for rental value. Issued to client.

Answer 61

When a new tenancy commences in a Rent Pressure Zone (RPZ), a landlord is required to set the rent in accordance with the RPZ formula, unless the property is exempt. All landlords are legally obliged to provide the new tenant in writing, 1) The previous rent 2) The date the rent was last set. 3) A statement as to how the rent was set using RPZ formula. The RPZ Rent Calculator is a useful tool to assist landlords in supplying this information.

Answer 62

After adverstising the property on Daft, I had a flood of enquiries from potential tenants. I advised the viewing details and met the interested parties at the property. After the viewing, I emailed all tenants requesting the applicant information, which would be reviewed. 10 applicants reverted to me with the full application pack, while other applicants were slow to respond. I assessed each applicant's capacity to pay, employment and called the landlord references. I also reflected on the character of each viewer at the viewing appointment. I sent the three strongest application packs to the landlord, who chose their preferred tenant. I offered the tenant the property and they accepted. New tenancy details were saved to our CRM system. I have found that choosing the correct tenants is the most important step in the letting process.

Answer 63

``` Proof of ID Proof of Address Landlord reference Employer reference Proof of capacity to pay rent (3 month's bank statements or payslips) ```

Answer 64

A security deposit is a sum of money that is paid to the landlord before tenancy begins. The landlord holds onto the deposit and returns it at the end of the tenancy assuming the lease has been honoured.

Answer 65

We have a template lease on file, which complies with the RTA 2004. I entered the specific tenant and landlord , property details. Read through the lease to ensure all covenants were applicable to this property. Once prepared, I issued to the landlord then tenant for their review. The tenants signed the lease at the check in appointment, then I scanned and sent by email to the landlord for counter signature. In advance of the check in appointment, I sent the tenant our tenancy bank account details for the deposit and 1st months rent. I ensured that both were received by the check in appt. Sent the deposit receipt letter.

Answer 66

Has the correct notice of termination been provided in writing? Has the rent been paid in full? Have meter readings of the utilities been taken and arranged for final payment Have all belongings been removed? Has the property been returned in a similar condition in which it was provided apart from normal wear and tear? Has the property been cleaned? Has the signed-off inventory agreed at check-in been checked to ensure that all items are present and not damaged? Has all the rubbish been removed? Have you taken photographs at the start and end of the tenancy?

Landlord & Tenant Flashcards

(91 cards)