Property Management Flashcards
(31 cards)
When is accordence with the Building Regulations 2010 required?
- When fuse boxes and connected electrics are replaced
- Bathroom plumbing
- Replaced windows and doors
- Installing new or replacing heating system
- Adding extra radiators
When is accordence with the Building Regulations 2010 not required?
- Most repairs and maintainance
- New power or lighting points - except when near water
- Like for like replacements - bath, toilet, basins
- Or if work is carried out by someone who is registered with ‘Competent Person Scheme’
What legislation governs Use Classes?
The Town & Country Planning (use Class) Regulations 2020
What are the Use Classes?
Class A & D removed
* B1 - Business
* B2 - General Industrial
* B8 - Storage / Distribution
* C1 - Hotels
* C2 - Residential Institutions
* C2A - Secure Residential Institutions
* C3 - Dwellinghouses
* C4 - HMO
* E - Commercial, Business and Service
* F1 - Learning and non-resi
* F2 - Local Community
What did the Tenant Fees Act 2019 set out?
A ban on tenant fees for services such as viewings, tenancy set-up, admin, credit checks, referencing, check in / check out fees
Holding Deposit = 1 weeks rent - returned in 10 days once agreed
Tenancy Deposit = 5 or 6 weeks rent (= -/+£50k p.a.)
* Default fees = late rent capped at 3% above BoE base
* Changes to agreement £50
* Utilities and council tax
What are the EPC Exemptions for domestic properties?
- R.24 - Wall insulation has negative impact on the property
- R.24 (amended) - ‘High Cost’ - cheapest reccy costs £3.5k+
- R.31 - Third party consent
- R.32 - Property devaluation - 5%
- R.33 - Temporary exemption as recent LL
What are the EPC Exemptions for non-domestic properties?
- Wall insulation
- 7-year payback
- All improvements made
- No improvements to be made
- Third party consent
- Devaluation 5%
- Recent LL
What properties do not need an exemption?
- Temporary buildings - 2 years or less
- Less than 50sqm
- Low energy sites / no heating
- Due to be demolished
- Places of worship
- Short-term holiday lets - less than 4 months a year
What legislation regulates Asbestos?
The Control of Asbestos Regulations 2012
What are the key points of
The Control of Asbestos Regulations 2012?
Blue and brown - banned in 1985
White banned in 1999
Owner, employer, duty holder has a statutory duty to manage
Non-compliance is a criminal offence
What are the different types of Asbestos surveys?
Management = To locate, assess and advise. No samples taken
Refurbishment & Demolition (R&D) = Required for R&D / invasive works. Sample analysis and reccys
What is the Homes (Fit for Human Habitation) Act 2018?
- Requires landlords in England to ensure rented properties are fit for human habitation at the start of a tenancy and throughout
- The property must be free from hazards that could pose a risk to the tenant’s health or safety
- The Act empowers tenants to take legal action against their landlords if the property is not fit for habitation
What is Right to Light?
(Rights of Light Act 1959)
An easement that gives a landowner the right to receive light through defined apertures in buildings on their land
What statutory requirements must landlords comply with?
Electrical Safety Standards in the Private Rented Sector Regulations 2020
Smoke and Carbon Monoxide Alarm Regulations 2022
Gas Safety (Installation & Use) Regulations 1998
Minimum Energy Efficiency Standards 2018
EICRs
Governed by the Electrical Safety Standards in the Private Rented Sector Regulations 2020
* Needs to be carried out every 5 years by a qualified and competent individual - Electrical Safett Roundtable
* Tests all fixed equipment
* Tenants given report within 28 days / before move in
* Remedials must be completed within 28 days
* C1 - Danger present, risk of injury = non compliant
* C2 - Potentially dangerous = non compliant
* FI - Further investigation required without delay = non compliant
* C3 - Improvement reccommended = Satisfactory
GSCs
Governed by the Gas Safety (Installations & Use) Regulations 1998
Needs to be carried out every year by a Gas Safe Registered Engineer
Tenant given report within 28 days / before move in
Records kept for at least 2 years
ID - Immidiatley Dangerous = Gas disconnected
AR - At Risk = Gas disconnected
NCS - Not to Current Standard
Smoke & Carbon Monoxide Alarm Regulations 2022
Smoke detector on every floor of living accomodation
CO in every room containing a solid fuel burner - no more than 3m from source
Check / test at start of teancy infront of tenant
£5k fine
Expiry -
What are the different types of damp?
(3)
Rising
Penetrating
Condensation
How to mitigate / solve damp?
Rising - damp proof course (DPC)
Penetrating - Pointing, mortar and masonry
Condensation - Improve heating and ventilation - can lead to black mould
How often can the rent be reviewed under a Rent Act tenancy?
Every 2 years
Unless there a significant changes to the property that impact value
Tenants improvements and scarsity are disregarded
ASTs are not created under the LTA 1954?
Yes, I know that they are governed by the Housing Act 1988 and I apologise as i meant to write ‘i have created and finalised ASTs under the Housing Act 1988 and commercial tenancies under the LTA 1954’
Why would you use a Common Law Agreement and not an AST
If the terms fall outside of the requirements of an AST, such as rent being more than £50,000 p.a. or where greater flexibility and freedom of contract is needed
S.21 does not fall under the LTA 1954?
Yes, I know and I do apologise, this was on oversight on my part and I know that the Housing Act 1988 governs the no-fault eviction notice as well as S.8 - the discretionary and mandatory grounds for possession
