12095372
Description
Flashcards by Katie Shellard, updated more than 1 year ago
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Created by Katie Shellard
almost 7 years ago
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| Question | Answer |
| What is a license? | License – permission to do something otherwise trespass |
| What is a lease? | Lease – exclusive possession, rent, for a term. Street v Mountford Intention to create a legal relationship – eg family members & acts of generosity NOT lease |
| Why is the difference between lease and license important? | Lease/license more important in past to gain possession or increase rents. Reinforced by Rent Act (Max Fair Rent) Order 1999 |
| How has the PRS developed in the 20th Century? | Early 20th C, 90% British housing stock private rented Control by Govt started during 1st WW. Private rental declined – increase in local authority 1980 – right to buy. Tried to stimulate PRS in 1980 with form of Assured Tenancy for new property, insurance Cos and banks. Still fair rents – very few developments Housing Act 1988 – developed AS and ASTs. Then Housing Act 1996 default is AST Increase in PRS since 1988. |
| What concept is common to Rent Act, Housing Act & tenancies outside RA and HA? | Must be for a dwelling house let as a separate dwelling |
| When did Rent Act tenancies end? | 15th January 1989 About 45k left |
| What is the succession for a Rent Act? | Succeeded by partner/spouse if lived together for 2 years 2nd succession to child if living there 2 years as an Assured Tenancy |
| Security of tenure for RA? | Have to prove 1 or more cases listed in Schedule 15 Parts 1 and II of the Rent Act 1977 Or demonstrate that it is reasonable in all circumstances to make possession order |
| Rent Act rent reviews: how often & what increase? | Apply 1 yr 9m from last RPI plus 7.5% first reg RPI plus 5% after |
| RAC = Rent Assessment Committee What did they base the rent increase on? | Other fair rents locally. Challenged so used market rent. Hardship bought Rent Acts Max Fair Rent Order 1999 |
| What did Housing Act 1988 do for PRS? | Ended RA Introduced AS and ASTs Aim to redress balance and boost PRS |
| How are RR for AS done? | RR clauses in fixed term agreement NOT effective in periodic tenancy afterwards. Section 13 notice served with min 1 month notice or periodicity or max 6 m – if not agreed, referred to FTT. Based on market value for an AT. Disregards sitting tenant and tenant improvements in 21 yrs and tenant deterioration & service charge |
| How can LL end an AT? How can tenant end an AT? What succession is there for AT? | * Tenant can give notice. * LL can use Section 8 Housing Act 1988, schedule 2, discretionary/non * Can be 1 transmission of tenancy to spouse/partner resident at death |
| When did ASTs begin? | Housing Act 1988 created AST – must be 6 m+, section 20 served, periodic on same terms, section 21, during term can end with section 8 schedule 2. |
| When were ASTs made automatic? | Housing Act 1996. Section 20 not req’d. Can be any length. Security of tenure for 6 m. If tenancy not in writing, tenant can ask for statement of terms,; date began, rent date and amount, rent agreements, length of fixed term. LL must reply in 28 day. |
| What tenancies are outside the RA & HA 1988? 12 e.g.s | * Rents over £100k, & high ratable value, * Low rent of £250 per yr, * Not main home, *Business tenancies, licensed premises, agri tenancies, student halls, holidays, resident LL, Crown LL, LA LL * Board and attendance also excluded. |
| How are non-RA or HA tenancies governed? | All governed by CONTRACT LAW & Unfair terms in Consumer Contracts Regs 1999 & Consumer Rights 2015 |
| What info should be included in a COMPANY let? | * Term length * Rent * RR * Terminating * Assign/sublet * Name occupiers. * End tenancy at break clause/end period by letter or periodic end with notice. Payment from COMPANY |
| Definition of resident LL - 3 things? | 1 Dwelling house is PART only of building 2 Not a purpose-built block of flats 3 LL must occupy other part as main home |
| Holiday lets - how long for? | For tax purposes; available for 210 days, actual let 105, same person not more than 31 days in 7m |
| Is a holiday let a lease or license? | License - outside of RA 1977 or HA 1988 |
| What are premium lease tenancies? | Contractual tenancies, low rent and tenant pays a lump sum. Rent up front is NOT a premium lease Was done for tax advantages by company but now removed and very rare |
| What is the Re-entry and forfeiture clause? | Ensures LL is able to end FIXED term lease early if necessary. Otherwise, common law has damages, specific performance or injunction. |
| UNFAIR Terms in Consumer Contracts What is defined as unfair? x 9 e.g.s | * Exclusion of liability for DEATH/injury * Exclusion of LIABILITY for the property *Passing liability to tenants * Exclusion of poor SERVICE * Short TIME limits for claims * Excluding SET-OFFS * Excessive rights to ENTER property * Retention of PRE-payments * Supplier’s right to CANCEL without notice |
| Who enforces the Unfair terms in Consumer contracts? | Competition and Markets Authority |
| Terms in a contract must be..? When does it apply from? | - Fair - Written in plain English Contracts from July 1995 Applies to a SUPPLIER (LL) and consumer (tenant) |
| If a term is INDIVIDUALLY negotiated, will it be unfair? | no |
| Core terms in a lease? X 7 | * Name and address of LL, Section 47 LL and Tenant Act, if non-UK need UK address for notices * Tenant’s current address * Length of term * Address of property * Rent – if weekly, need a rent book * Payment date and method, eg cheque * Deposit amount plus holder, interest arrangements |
| Tenant's covenants are...? x 10 | * Payment of rent * Forward notices * Use of property * Repairs * Not damage furniture, fixtures & fittings * Access for the LL * Nuisance/annoyance * Pets * Alienation clause – ie subletting not/allowed * Payment of interest for late payments |
| What are the LL's covenants x 3 | * Quiet enjoyment * Insuring premises * Repairing premises |
| Additional clauses would be...? x 4 | * rent reviews, * guarantors, * grounds for repossession, * forfeiture of lease |
| What are EXPRESS and IMPLIED covenants? | EXPRESS – set out in lease itself, eg payment of rent, repair, subletting, use IMPLIED – implied by law between LL & tenant by case law, statute. Case law – furnished property fit for habitation. |
| What are REAL and PERSONAL covenants? | Real – pass on assignment. Almost all are real, touch and concern the land Personal relate to parties to lease, eg to do LL’s garden |
| What are POSITIVE, NEGATIVE and USUAL covenants? | POSITIVE – involve doing something eg. Pay rent NEGATIVE – Not doing something eg not to assign lease, not to alter premises.Will pass on assign USUAL – lease not written down and usual covenants decided by the court, eg pay rent, quiet enjoyment, LL to enter property |
| Landlord's IMPLIED obligations? x 3 | - Quiet enjoyment – Tenant remedies are damages or injunction. - Non derogation of grant Can’t diminish what has been granted - Fitness of premises Covenant cannot defeat statute. Furnished property must be fit for habitation at start. Section 11 LL & Tenant 1985 |
| Tenants' implied obligations? x 3 | - To pay rent. May be money or service - To pay rates and occupier’s charges - Maintenance and repair Voluntary (deliberate) & permissive waste (neglect) - Allow LL to enter and view state of repair |
| Lord Denning case 1953 said..? | Warren v Keen (1953) Lord Denning ‘tenant must take proper care of the premises’ |
| Law of Property (Misc. Provisions) 1989 require a lease to be.. | - In writing unless <3yrs, oral - Contain 3 Ps, property, price, parties Signed in ONE document |
| Signing the lease - two agreements are called...? | 2 agreements created, called agreement and counterpart. |
| Signing the contract in advance - what needs to be done? | May sign in advance & exchange but date not added until date of exchange. Often signed by agent. Lease begins once dated. Stamp duty land tax then due |
| Can a 3rd party sign the lease? | Yes, any 3rd party must have power or attorney, unless less than 3 yr lease. Usual to initial each page. |
| What are the Agricltural worker conditions? | -Whole time (35 hrs) or permit worker for 91 out of past 104 weeks -Illness, holiday, agreed work < 35 hrs & 13 weeks unemployment/non agri work count |
| 2 types of agricultural tenancy? | - Rent Agricultural Act 1976 - Assured Agricultural Tenancies 1989 with low/nil rent outside 1977 or 1988 protection |
| Agricultural security of tenure | Security of tenure even after employment finishes or if property sold If more than 2 acres, not Rent Agri or HA |
| How much can the farmer deduct from wages for the accommodation? | Income not more than £1.50 below the minimum wage |
| Rent agricultural tenancy RR - if not agreed, appeal can be made to...? | Rent Officer then FTT As for RA, can increase every 2 yrs Fair rent reg'd |
| Assured Agri Occupancy - If RR not agreed, appeal can be made to...? | FTT Can increase every year Takes account Assured Agri Occupancy at market rent |
| Live work tenancy is...? What legislation? | 2015 Small Business Enterprise & Employment Act came into force Oct 2015 allows resi tenants to start business from home. LL gives consent to activity without security of tenure. |
| What legislations protects business tenancies? How are RRs done? | Landlord and Tenant Act 1954 Tenant can request new tenancy at end RR by agreement, arbitration or independent expert |
| Leases must comply with which legislation? (consumer rights) | Unfair Terms in Consumer Contracts Regs 1999 (leases from 1995) AND Consumer Rights Act 2015 |
| Section 47 of LL & Tenant 1987 requires ... ? | – LL’s name and address contained in any rent demand |
| Section 48 of LL & Tenat 1987 requires...? | Section 48 – UK address for serving notices to be included in lease |
| Weekly rent requires...? | LL & Tenant act 1985 – weekly rent needs rent book |
| What is rent? | Usually reserved in lease as a monetary payment relating to a time period May not be money |
| When is rent due by common law? | At end of period if not given in the lease |
| What is a set-off? | Permissible to deduct from rent amounts already paid which are the LL's responsibility |
| Improvements and disregards in RR? | LL's improvements - include Tenants improvements - disregards |
| How is market rent derived? | From comparables - locations, style, size, facilities, rent, date rent set |
| Housing Act 1988 notices - section 6 & 22? | Section 22 AST excessive rent in first 6m appeal to FTT. Made only once Section 6 AT after fixed term allows variation in terms of tenancy by LL or tenant. Within 12m |
| What are the advantages of using the prescribed forms? x 3 | - No dispute over validity - Statutory warning advice included - Recipient knows it is official & needs action |
| What does Section 13 do? | Varies rent for statuary periodic assured tenancy 12 months from previous increase 12 m from start of periodic tenancy unless following fixed term Notice - 1m, quarter, 6m |
| FTT determines rent for Section 13 assuming....? | - willing LL - AT with same periodicity - Tenancy starts at period in notice - Tenancy terms the same Ignores tenant improvements Ignores tenant damage |
| What services to Rent Officers provide? | - Local housing allowance rates - Rental valuations for housing benefit - Fair rent determinations - Revaluations following improvements - Informal rental valuations |
| What did Rent Acts (Max Fair Rent 1999) do? | In 1990s fair rents rose above inflation – so Rent Acts (Max fair rent) Act 1999 bought in Fair rent rises limited to RPI + 7% first time then + 5% |
| How are fair rents determined by Rent Act 1977? | - Age, character, locality, state of repair - Quantity & quality of furniture - Disregard tenant's disrepair - Disregard tenant's improvement - Local amenities disregarded - Balance between supply & demand |
| First Tier Tribunals can deal with...? | - Fair rents appeals - Sec 13 HA 1988 increase in rent - Sec 22 HA 1988 AST - Sec 6 variation of terms - Long leases at low rents |
| How can leases be ended? x 3 | * By common law * By contract law * By procedures under statute |
| Fixed term tenancies end by common law with...? | Effluxion of time |
| Protection from Eviction Act 1977 - what is the minimum notice period? | 4 weeks by LL or tenant For periodic tenancies, must end at end of period Must be in writing |
| What tenancies are excluded from the Protection from Eviction Act 1977? x 5 | - Shared accommodation with LL or in same building as LL’s main residence - Temporary accommodation with a license (squats!?) - Holiday accommodation - Public sector hostel - Lease/licenses not granted for money or money’s worth |
| What are the notice periods under COMMON LAW? | 1 week for weekly ** 1 month for monthly 3 months for quarterly 6 months for six monthly/yearly ** BUT overridden for weekly by Protection From Eviction so min FOUR WEEKS |
| How can Rent Act 1977 tenancies be ended? | - Tenant leaves voluntarily – show no intention to return, take belongings. - Can offer an inducement to leave - Or Possession order – prove 1 or more cases listed in Sched 15 Parts 1 and 11 of the 1977 act or - The tenant refused an offer of suitable alternative accommodation |
| What is forfeiture? | Common law remedy available if covenants breached in the lease. Re-entry and forfeiture clause included in almost all leases |
| Why is the forfeiture clause important in fixed term tenancies? | For contractual tenancies there would be no way to end the lease within the fixed term. Only remedy would be damages |
| What does the forfeiture clause end? | It ends the CONTRACTUAL tenancy but NOT the statutory tenancy |
| When can 'peaceable re-entry' occur? | An option for commercial premises (e.g. co lets). But Protection from Eviction Act 1977 requires court proceedings before possession by LL |
| A section 8 notice must...? | - In prescribed form. - Proceedings must begin within 12m of serving notice If notice is 2m, this is extended for periodic tenancies to be same as notice to quit, ¼ ly=qtr etc - Wording must be same meaning as Schedule 2 HA 1988- grounds fully set out - Warn tenant possession requires a court order and to seek advice. Court proceedings start after sec 8 expires. - But Sec 9 gives court power to suspend/postpone any order. |
| What tenancies is forfeiture used for? | Contractual tenancies or outside protection of 1977 or 1988 acts. RA and HA have set procedures for recovery. ONLY LL can use forfeiture |
| When can an accelerated possession order by used? | - AST after 15/1/89 - Original tenant - Expired S21 - LL seeking possession not arrears - Tenancy is in writing - May need Sec 20 if tenancy pre 1997 |
| Rent Act tenancies - breaches LL can prove? | SCHEDULE 15 parts 1 and 2 of the Rent Act 1977, mandatory and discretionary Discretionary notices before start of tenancy |
| Accommodation Agencies Act 1953 makes it an offence to? | Offence to charge prospective tenant to REGISTER or SUPPLY ADDRESS or DETAILS of property Ok for referencing/deposits Fine of max £5k and imprisonment for 3 months OFFERING a property without AUTHORITY |
| Protection from Eviction Act 1977 makes it an offence to...? | Unlawful to harass or unlawfully evict a tenant -Harassment – interference with peace or comfort of the resi occupier or withdraw services - Section 5 – Requires FOUR WEEKS notice of eviction, in writing, with a court order, with advice - Section 3 – Eviction only after DUE PROCESS |
| Remedies for tenant for breach of Quiet Enjoyment are? | Damages or Injunction |
| Protection from Harassment Act 1997 - would cover...? | - Threats of violence - Withdrawal of services - Changing locks - Removing belongings - Trespass |
| Housing Act 1988 Section 27 & 28 - would cover...? | Unlawful eviction Allows damages to be claimed |
| Housing Act section 27 sets out..? | Damages - difference between value of LL's interest and value assuming tenant has lost right to occupy Avoid by reinstating tenant E.g. Tagro v Cafane (1991) - changing locks |
| What are LL's defences for unlawful eviction? x 6 | - Every effort made to contact tenant and obtain letter of surrender - Give 24 hours notice of visit in writing - No locks changed - Check with neighbours - Check with referees - Post notice saying where new keys are held |
| Law of Property 1925 section 52 requires...? | Leases more than 3 yrs to be in writing Must be a deed Signed as a deed and witnessed |
| Law of Property 1925 section 54 requires...? | Lease of less than 3 yrs taking effect immediately at market rent Does not have to be by deed Does not have to be in writing |
| What is an Equitable Lease? | If lease is more than 3 yrs and not market rent is not a legal lease but an equitable lease. Must have written contract. |
| Law of Property (Misc Provisions) Act 1989 requirements for creation of a deed are? | - Do not need a seal - Witnessed and signed clearly as deed - Contract in writing - In one document 3 Ps - Basic info; name, address, length of term, rent and period of payment |
| Law of Property Act 1925 – Section 101 allows mortgage companies to..? | Allows mortgagee power to gain vacant possession to sell. Also Rent Act 1977 case 11 or HA 1988 ground 2 to be used Unauthorized – tenant evicted immediately. Authorised – receiver gets rent then serve S21 |
| Mortgage Repossessions (Protection of Tenants) Act 2010 | – Tenants given 14 days warning to apply to court can then postpone for up to 2m Passed due to almost instant evictions under Section 101 and growth of buy to lets |
| Property Act 1925 - Section 146 concerns...? | For breaches of covenant other than non-payment of rent, forfeiture must be preceded by a Section 146 Notice Must tell tenant how lease breached – ask to put right – ask for damages – give reasonable time |
| Section 196 Property Act concerns...? | Method for serving notices: - Reg'd post - Fixing to premises - Leaving at last abode |
| Landlord & Tenant Act 1985 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 | 1. Ll's name & address (individual) req'd 2. Ll's name & address (corporate) req'd 3. Details of LL assigning lease 4. Rent books for weekly payments 5. Rent book info, name address, rent 6. As 5 but LL is company |
| LL & Tenant Act 1985 Section 8 | 8. Leases <3yrs @ £1 per week - fit for habitation |
| LL & Tenant Act 1985 Section 11 | 11 LL's repair obligation - keep structure & exterior in repair - installations for gas, elec, water, sanit'tn - not to make tenant repair - Tenant to allow access with 24hrs |
| What are the tenant's remedies for disrepair? | – damages, - specific performance – statutory provision in Section 17 LL and Tenant Act 1985 - Set off – Tenant does repair and offsets - or repudiation of the lease. – if repair severe - Tenant can complain to LA and take action under HHSRS. Repair notice |
| Defective Premises Act 1972 says...? | Defective Premises Act 1972 – LL OUGHT to know about repairs under Section 11. |
| LL and Tenant Act 1987 - section 47 and 48...? | Section 47 - Provide LL's name and address in rent demand Section 48 - Provide LL's name and address for service of notices |
| Under common law furnished premises must be...? | Fit for habitation at the start of the tenancy. Fit for habitation not defined |
| What is the 'standard' test for an HMO? | a. 1 + units are NOT self contained b. Not a single household c. Occupiers’ main home d. Living accommodation e. At least 1 person pays rent f. At least 2 households share basic amenities (toilets, personal washing, cooking facilities) |
| Housing Act 2004 defines HMO as...? | Meets STANDARD test Meets SELF CONTAINED test Meets CONVERTED building test Under HMO declaration Converted block of flats |
| Exmptions to HMO rules? x 5 | - Managed by public sector e.g. LA - Student accommodation let by educational establishment - Religious communities - Occupied by owner - Occupied by TWO people |
| When does an HMO have to be licensed? | - Properties 3 or more storeys and 5 or more non-related residents - 3 storeys is size of the HMO NOT the building. |
| What are the mandatory conditions for an HMO? | - Keep current gas safety certificate - Keep electrical appliance and furniture in safe condition. Certificates required - Smoke and CO alarms fitted and working, supply details of position - Occupiers have written terms |
| Why does LA set up selective HMO licensing in an area? How long do they last? | - Area has low housing demand - Improve social/economic conditions - Anti social behaviour - LLs are not controlling behaviour - Licensing may stop behaviour Lasts up to 5 yrs |
| Fire regulations for licensed HMOs | Approve Document B of Building Regs with 3 storeys – fire escape route with ½ hour resistance, door self-close, clear of obstacles, mains smoke alarms, fire blanket/extinguishers in kitchen and on landings Regulatory Reform (Fire Safety) Order 2005 – commercial premises must have fire risk assessment and includes property with common areas, eg HMOs and blocks of flats |
| When would LA do an Interim management order? | Health, safety, welfare of occupants or neighbours concerned. LHA can apply to FTT for an IMO Set up a management scheme Ensure property insured LHA has right to possession and create leases. Lasts 12m or less. Breach of IMO = £5k |
| Final Management Orders - how long and what do they cover? | FMOs last 5 years Can create ASTs (up to 6m before end) Set up management scheme How LHA will address issues, How to make tenants comply with leases Repairs needed LL to inspect accounts. |
| What are the duties of a manager of an HMO? | - Inform occupiers of manager’s name, address, phone display prominently - Keep fire escape clear and maintained - Protect occupiers – design/structure building & number of occupiers - Unsafe roofs and balconies - Bars on windows with low sills |
| When can an empty dwelling management order be made? EDMO | - Property unoccupied for at least 6m - No prospect of being occupied in near future - Would be occupied if order made |
| When can EDMO NOT be made? | Owner’s main home on the market for sale/rent 2nd or holiday home where proprietor died (reasonable period) Home under repair Owned by a public authority |
| What do overcrowding notices apply to? | Unlicensed HMOs 7 days notice to LL Operative for 21 days Can appeal to FTT |
| Health and Safety at work act 1974 requires employers to...? | -Carry out risk assessment of workplace, -Carry out h&s measures, - Emergency procedures, clear info and training, make workplace safe, 1st aid procedures, workplace ventilation, temp, lighting, sanitary, washing, rest, record accidents. |
| Invasive plant species are covered by? | Wildlife and countryside act 1991 |
| What is covered by the Environmental Protection Act 1990? | Statutory nuisance Smoke from premises, fumes, gas, dust, steam, smell, deposit, animals, noise or any nuisance LA have duty to inspect |
| What is an Environmental Protection Act 1990 – Abatement notice? | LA can serve notice imposing – prohibiting, restricting occurrence/execution of works Owner responsible Fines upto £20k. Not immediate McGuigan v Southwark LBC – infestation of cockroaches Manley v New Forest DC – barking dogs in kennels |
| Noise and Statutory Nuisance Act 1993 concerns...? | LA can control noise from people and machinery in the street during NIGHT hours 11pm to 7am. NOT traffic noise. Includes alarms |
| Noise Act 1996 concerns...? | Noise from dwellings at night – LA issue warning notices, starting 10 minutes after being given end at 7:00 a.m. LA can enter premises and seize equipment. Immediate effect, unlike abatement notices. |
| Definition of anti-social behaviour? | Anti-social behaviour act 2003 “Behaviour causing harassment, alarm, distress to one or more person not of the same household”. |
| Actions covered by the Anti-social behaviour act 2003... x 10 | Premises selling drugs Parental responsibility; truancy, parenting orders, criminal conduct Dispersal of groups < 16yrs Firearms Environment: noise, graffiti, waste, litter Public order and trespass inc raves High hedges – no more than 2m. Remedial notice, 28 days Anti-social behaviour orders, curfew, supervision orders |
| Defective Premises Act 1972 deals with...? | Responsibilities for injury and damage to rented property when repairs are carried out. Section 1 – anyone working on a dwelling must work in a professional manner Section 4 - LL liable for personal injury/damage to property due to defective repairs. LL must know of the repair. Eg Smith v Bradford MC – tenant slipped on crumbling patio Covers all persons who might come into contact with the tenants’ property |
| Housing Health & Safety rating 2004 - Physiological requirements | Physiological req’ts – damp, mould, cold, hot, asbestos, biocides, CO, lead, radiation, |
| HHSRS - Psychological requirements? | Psychological – crowding, intruders, lighting, noise |
| HHSRS - Infection? | Infection – hygiene, pests, refuse, food safety, |
| HHSRS - accidents? | Accident prevention – fall from bath, on level, stairs, between levels, electrical hazards, fire, hot surfaces, collision and entrapment, explosions ergonomics, structural collapse, falling elements |
| Redress schemes cover? | Unfair treatment maladministration, breaches of codes of practice legislation |
| Max value redress scheme can award in compensation? | £25,000 |
| Third party dispute resolution can be via? | Mediation Conciliation Adjudication via tenancy deposit scheme |
| How long does a defendant have to respond to a claim? | 14 days from date of service |
| How do you act as an expert witness? | Duty is to the court, not your instructing client Documents prepared according to the CPR (Civil Procedurecs Rule) Part 35 Must contain statement of truth |
| What are the advantages of judicial precedent? | Gives certainty an equity to decisions |
| What are th disadvantages of judicial precedent? | Rigidity, slowness and complexity |
| Complaints to ARLA or RICS can result in? | Fine, disciplinary NO damages |
| How is Independent expert determination used? | E.g. in commercial rent review disputes. Parties present evidence but decision not dependent on the evidence but based on expert experience. Paid for by both parties Professional bodies have lists |
| How is adjudication used? | Someone reviews evidence and comes to a decision about rights and obligations. Sometimes named in a contract. Statutory process – construction adjudication and tenancy deposit schemes |
| How is arbitration used? | Similar to litigation. 1 or a panel is appointed to hear evidence presented by parties and arrive at an ‘award’. Governed by the Arbitration Act 1996. Used in commercial rent review disputes but could be used in residential leases. Can only use EVIDENCE presented not own knowledge. Lists of people available from courts and professional bodies. Loser has to pay the costs. |
| What can FTT Property Chamber deal with? | Rent cases – fair rent, market rent Leashold enfranchisement – lease extensions, new leases, right of first refusal Leasehold disputes – service charges, admin & management issues Housing Act 2004 – empty dwelling mgt orders, appeals against improvement notices, appeals against emergency remedial/prohibition/demolition order Park home |
| What does CPR stand for? | Civil Procedure Rules Part 35 - evidence prepared by agent for a court Part 22 - statement of truth |
| EXAMPLES OF POSSIBLE UNFAIR TERMS x 8 e.g.s Enforced by competition markt auth CMA | Exclusion of liability for death/injury - Exclusion of liability for the PROPERTY - Passing liability to TENANT - Exclusion of poor SERVICE - Short TIME limits for claims - Excluding SET-OFFS - Excessive rights to ENTER property - Retention of pre-PAYMENTS - Supplier’s right to cancel without NOTICE |
| 3 pieces of legislation relevant to EVICTION? | 1. Protection from Eviction 1977 2. Housing act 1988 (excl resident LL, holidays, education, hostels) Section 27 & 28 damages if LL offends 3. Protection from Harassment 1997 (stalking) |
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