Legislation and Regulation affecting Residential Lettings and Property Management

Overview

Framework:
RQF
Level:
Level 3
Unit No:
R/617/9657
Credits:
5
Guided learning hours:
12 hours

Aim

This unit is about understanding the general concepts of law relevant to a property professional.

Unit Learning Outcomes

1

Understand health and safety at work legislation and its application in and out of the workplace.

Candidates should be familiar with the Health and Safety at Work etc. Act 1974.

Assessment Criteria

  • 1.1

    Explain the duties of employers and employees.

  • 1.2

    Select correct procedures for carrying out a risk assessment for appointments and visits.

  • 1.3
    Explain how to ensure personal safety away from the office.
2

Know how to keep properties secure.

Candidates should know how to keep properties secure, including procedures for dealing with keys.

Assessment Criteria

  • 2.1

    Select appropriate procedures when securing property.

  • 2.2

    Describe the procedures for dealing with keys.

3

Understand the general legal concepts relating to the provision of property services.

Candidates should understand general legal concepts relating to the provision of property services.

Assessment Criteria

  • 3.1

    Describe the different divisions of the law.

  • 3.2

    Distinguish between common law and equity.

  • 3.3

    Identify the remedies available under the law.

4

Understand the common law duties of agents and agents' authority.

Candidates should be familiar with express authority, ratification, estoppel, and agent of necessity. 

Assessment Criteria

  • 4.1

    Identify the common law duties owed to clients.

  • 4.2

    Identify the agents' duties that apply to customers.

  • 4.3

    Differentiate between the different types of authority to act and the relevant obligations.

5

Understand the principle elements of the law of contract.

Candidates should be familiar with: the formation of a contract (offer, acceptance, consideration); discharge of a contract (agreement and breach); Remedies (damages, specific performance, injunctions, rectification); and specific rules relating to contracts for the sale of land.

Assessment Criteria

  • 5.1

    Identify the elements needed for a contract to exist.

  • 5.2

    Interpret situations where a contract will come to an end.

  • 5.3

    Select appropriate remedies where there is a breach of contract.

  • 5.4

    Identify the special requirements relating to land and property contracts.

6

Know about liability outside the law of contract. 

Candidates should be familiar with negligence, occupiers' liability and vicarious liability. 

Assessment Criteria

  • 6.1

    Identify the elements needed for liability to be proved.

  • 6.2

    Recognise situations where vicarious liability may apply.

  • 6.3

    Identify situations where occupiers' liability may be relevant.

7

Understand key concepts of land law.

Candidates should be familiar with the ways in which land can be held (freehold, commonhold, leasehold and licences) and be able to distinguish between agreements for more than three years from those of three years or less; rights over the land of others (easements and freehold covenants).

Assessment Criteria

  • 7.1

    Distinguish between different rights to occupy.

  • 7.2

    Identify the distinguishing features of rights over the land belonging to another person.

  • 7.3

    Recognise situations where such a right may exist.

  • 7.4

    Interpret when those rights will pass with property.

8

Understand discrimination legislation and its application.

Candidates should be familiar with the current legislation, Equality Act 2010.

Assessment Criteria

  • 8.1

    Identify what are protected characteristics.

  • 8.2

    Analyse the circumstances when discrimination may or may not occur.

  • 8.3

    Select the appropriate remedies where discrimination has occurred.

9

Understand the requirements of the data protection legislation.

Candidates should be familiar with current data protection legislation.

Assessment Criteria

  • 9.1

    Explain the data protection principles laid down in the legislation.

  • 9.2

    Assess situations to determine compliance with data protection principles.

  • 9.3

    Describe circumstances when protected data can be released.

10

Understand the requirements of the legislation relating to money laundering.

Candidates should understand the requirements of the legislation relating to money laundering.

Assessment Criteria

  • 10.1

    Analyse situations that may be deemed suspicious and identify actions required. 

  • 10.2

    Identify the procedures needed to comply with the legislation.