Legal Aspects of Letting and Management

Overview

Framework:
RQF
Level:
Level 3
Unit No:
Y/617/9658
Credits:
4
Guided learning hours:
10 hours

Aim

This unit concerns the law that is specific to carrying out the letting and management of residential property.

Unit Learning Outcomes

1

Understand the different types of agreement relating to the occupation of residential properties.

Candidates should be familiar with the Renters Rights Act 2025, the Housing Act 1988 and the Housing Act 1996, the Rent Act 1977 and non-Housing Act 1988 tenancies and the different types of occupancy rights, such as under or over 3 years and fair rents.

Assessment Criteria

  • 1.1

    Identify the different types of agreement for occupying residential property in the private rented sector.

  • 1.2
    Explain the difference between market rents and controlled rents.
  • 1.3

    Explain the criteria for creating an Assured Periodic Tenancy.

2

Understand the requirements for regaining possession of let property and the protection available to the occupier.

Candidates should be familiar with the Protection from Eviction Act 1977, the Housing Act 1988, and the Rent Act 1977. 

Assessment Criteria

  • 2.1

    Apply the common law rules for regaining possession.

  • 2.2

    Apply the rules for regaining possession under statute.

  • 2.3

    Explain the protections given to occupiers.

3

Understand the statutory regulations that apply to landlords and agents.

Candidates should be familiar with Codes of Practice; Landlord and Tenant Act 1985 s1; Landlord and Tenant Act 1987 s47 and s48.

Assessment Criteria

  • 3.1

    Explain the key information that must be provided to a tenant.

  • 3.2

    Explain the processes and procedures required to ensure landlords and agents comply with statutory regulations.

4

Understand the legislation and requirements for a residential property to be deemed fit for letting. 

Candidates should be familiar with Housing Act 2004 Chapters 1, 2, and 3 relating to Housing, Health and Safety Rating System (HHSRS) and local authority enforcement procedures.

Assessment Criteria

  • 4.1

    Explain the legislation and requirements for a residential property to be deemed fit for letting.

  • 4.2

    Apply the legislation to determine a landlord's responsibilities for repairs.

  • 4.3

    Apply legislation and common law to determine remedies available to landlords and occupiers for disrepair.

5

Understand the safety requirements for rental property.

Candidates should be familiar with safety in properties: fire regulations; gas safety regulations; electrical regulations; furniture and furnishing regulations; legionella and deleterious materials and be aware of the differences between landlord and agent responsibilities.

Assessment Criteria

  • 5.1

    Identify the areas that are covered by the safety legislation and other guidance.

  • 5.2

    Apply the relevant legislation to specific circumstances.

6

Understand the legislation relating to Houses in Multiple Occupation (HMOs) and property licensing.

Candidates should be familiar with the Housing Act 2004 (HMOs), Part 2,3,4,7 and in England, local authorities' licensing requirements.

Assessment Criteria

  • 6.1

    Apply the legislative tests to determine if a property is a HMO.

  • 6.2

    Identify when a licence is required, and what type. 

  • 6.3

    Explain the consequences of failing to secure an appropriate licence.

7

Understand the legal requirements relating to tenancy deposits.

Candidates should be familiar with the Housing Act 2004, Part 2, and tenancy deposit scheme legislation.

Assessment Criteria

  • 7.1

    Explain the difference between common law and statutory requirements relating to the handling and protection of tenancy deposits.

8

Understand consumer protection legislation applicable to residential letting.

Candidates should be familiar with Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008, Accommodation Agencies Act 1953; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; Consumer Rights Act 2015 Part 2.

Assessment Criteria

  • 8.1

    Apply the requirements of consumer protection legislation to defined scenarios.

  • 8.2

    Apply the requirements of distance selling regulations.

  • 8.3

    Apply the laws to determine what is and what is not an unfair term.

9

Understand the key requirements of transactional tax relating to rental property.

Candidates should be familiar with the Stamp Duty Land Tax and Annual Tax on Enveloped Dwellings (ATED).

Assessment Criteria

  • 9.1

    Explain the regulations for transactional tax relating to rental property.

10

Understand the role of the agent in the provision of insurance for a rental property. 

Candidates should be familiar with the Consumer Credit Act 1974 and the Financial Services and Markets Act 2000 and dealing with claims.

Assessment Criteria

  • 10.1

    Explain the regulations relating to the introduction of insurance products for a rental property.