Property Management Flashcards
(42 cards)
What covers repairs in residential property?
s.11 of the landlord and tenant act 1985
What is set out in s.11 of the Landlord and Tenant Act 1985?
Landlord must:
1) keep in repair the structure and exterior of the dwelling house
2) keep in repair and proper working order the installations in the dwelling house for the supply of water, gas & electricity and for sanitation
3) keep in repair and working order the installations for space heating and heating water
Can landlords avoid their requirements under s.11 of the 1985 L&T act?
No, s.12 of the Landlord & Tenant Act prohibits contracting out of the obligations
What leases are covered by s.11 of the L&T act?
Most leases granted after 1961 with a term of less than seven years.
When do the model clauses apply?
To tenancies governed by the Agricultural Holdings Act 1986. They apply where the tenancy is silent on a repairing matter.
When might the 2015 model clauses not apply?
- If the tenancy agreement specifically refers to: The Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) Regulations 1973
- For Farm Business Tenancies
When might a commercial tenancy not be governed by the ‘54’ Act?
A commercial tenancy not governed by the act could be a Tenancy at Will, which falls outside of the 54 Act.
How would you ask a Tenant to undertake a repair under an AHA tenancy?
I would first write to them to ask them to undertake the works to the holding. If they do not oblige I would
1) serve a notice requiring them to do the works.
2) The tenant ten has 2 months to start the works and 3 months to complete the works
3) If the Tenant has not completed the works after 3 months, the Landlord can enter on the holding complete the works and recover the reasonable costs
What do the model clauses cover?
Fixed equipment only, Buildings or Structures
How might the Tenant counter a notice to do works?
A tenant can serve a counter notice within one month of the Landlord’s notice, specifying the item of repair being contested and the grounds for contesting it. The matter will then be referred to arbitration.
How would you asses liability for landlord vs tenant repairing obligations?
I would prepare a schedule of dilapidations, individually stating the items of repair required. Then assess against the tenancy agreement and legislation
What other legislation governs repairs in residential property?
The Homes (Fitness for Human Habitation) Act 2018
What does the Homes (Fitness for Human Habitation) Act 2018 say?
The fitness for Human Habitation Act makes it clear that properties are for human habitation at the start of the tenancy and throughout.
What is fit for human habitation?
This means the property is free of defects that would cause it to be considered unfit for human habitation. The regards for these are covered in s.10 of the Landlord and Tenant Act 1985. They include freedom of damp, ventilation, natural light
What repairs can you ask the residential Tenant to undertake?
Any damage they have caused to the property including damage to items covered by s.11 of the act
Can you give an example of Landlords responsibilities under the 2015 model clauses?
Landlord responsible for rooves & fascia’s/soffits/bargeboards to farmhouse and farm buildings
Landlord responsible for exterior walls of farmhouse and farm buildings
What were the main changes of the updated model clauses?
The requirement to repair the electrical supply system was changed to a landlord responsibility
There were also changes in amount recoverable from the tenant for various repairs
What were the changes in the amounts recoverable under the new model clauses?
Where roof repairs are required, such as cracked roof tiles, the tenant is responsible for the first £500, previously £100
Total recovery changed for certain repairs, such as Electrical Supply Systems, Fascias, Soffits Cladding onto Landlord
Can you give me examples of Landlord responsibilities under the 2015 model clauses?
Tenant responsible for repairs to space heating
Tenant responsible for repairs to Water Heating
Tenant responsible for repairs to drains and sewers
What is a FRI lease?
A full repairing and insuring lease, where the tenant is responsible for repairs and insurance to the property.
What is a IRI lease?
An Internal Repairing and Insuring lease.
How do you deal with repairing obligations under FBT’s?
These will be detailed as per the tenancy agreement
How do you enforce a repair under a farm business tenancy?
Again this will be detailed in the tenancy agreement, but typically it will be the same as for the model clauses.
What are the key lease terms you note when taking on a property portfolio?
Term Start Date
Term End Date
Date of last Rent Review
Date of next Rent Review, or provision for this
Break Clause Date
Other Dates:
Last Inspection Date
Next Inspection Date
Dates for certain compliance
