Overview
Aim
This unit deals with how letting agents should conduct themselves when carrying out the management of residential property in order to comply with all relevant statutes, common law and principles of best practice.
This unit deals with how letting agents should conduct themselves when carrying out the management of residential property in order to comply with all relevant statutes, common law and principles of best practice.
Understand client accounting procedures.
Candidates should be familiar with the Finance Act 1995; common law and statutory requirements in the handling and protecting tenancy deposits and tax implications.
Apply common law, codes of practice and contractual requirements to the processing of client monies.
Explain practices and procedures for dealing with non-residential landlord monies.
Explain best practice procedures for dealing with arrears.
Explain the options available for client money protection.
Understand the issues surrounding the management of repairs and maintenance of let property.
Candidates should understand the issues surrounding the management of repairs and maintenance of let property.
Distinguish between the landlord's and the tenant's responsibilities in respect of repair to let property.
Review contractual documents and warranties to determine responsibility for undertaking and paying for repairs and maintenance.
Explain best practice when qualifying and instructing contractors.
Explain best practice relating to periodic visits to let property.
Understand the need for statutory consents relating to material changes that will affect the property.
Candidates should be familiar with the Town and Country Planning Act 1990; The Party Wall etc. Act 1996; Town and Country Planning (Control of Advertising) Regulations 2007 and restrictions relating to conservation areas and listed buildings.
Apply correct criteria to determine if a particular consent is required.
Apply the legislation relating to enforcment to defined circumstances.
Understand matters relating to breaches of tenenacy agreements.
Candidates should be familiar with First Tier Tribunals.
Explain contractual and statutory procedures for action to be taken where a landlord or tenant is in breach of agreement.
Understand the procedures to be followed to implement a rent review or terminate an Assured Periodic Tenancy agreement.
Candidates should be familiar with the procedures for implementing a rent review and terminating an Assured Periodic Tenancy agreement. Know how to regain possession during a periodic tenancy; protected or statutory tenancies; notice requirements for landlords and those for tenants; common law rules relating to date of service when issuing notices; conduct; possession procedure available to landlords.
Explain the options available to a landlord to regain possession.
Explain the legal process required to bring statutory and contractual tenancies to an end.
Explain contractural and legislative procedures relating to initiating and concluding rent reviews.
Understand the legal provisions relating to damages at the end of a tenancy.
Candidates should understand the legal provisions relating to damages at the end of a tenancy.
Apply best practice with regard to inventory, check-in, and check-out procedures.
Explain the common law provisions relating to fair, wear and tear and damage claims.
Explain legislation and best practice relating to tenants' abondoned goods.
Understand the legislation relating to statutory nuisance.
Candidates should be familiar with the Noise Act 1996; the Noise and Statutory Nuisance Act 1993, and the Environmental Protection Act 1990.
Explain legislative procedures to seek remedies relating to nuisance as it applies to rental accommodation.
Understand best practice guidelines relating to dispute resolution.
Candidates should be familiar with the rules regarding hearings and appeals.
Distinguish between statutory and voluntary dispute resolution procedures.
Describe the powers and procedures of redress schemes.