Syllabus : Technical Award in Residential Letting and Property Management

Unit 1: Health and Safety, Security and General Law

  • Health and Safety at Work etc Act 1974 and security issues relating to self and others, both within the workplace and outside when dealing with appraisals, viewings and routine inspections
  • Safety and security issues on properties including dealing with keys and information
  • General legal concepts of agency as they relate to the provision of letting and management services, agent of necessity
  • Basic contract law dealing with offer, acceptance and consideration
  • Torts including negligence, occupiers' liability and vicarious liability
  • Discrimination (linked to the relevant legislation relating there to) to include an appreciation of sexual, racial and disability discrimination
  • Data Protection Act 1998
  • Money Laundering Regulations 2003; Proceeds of Crime Act 2002

Unit 2: Legal Aspects of Letting and Management

  • Tenancies and licences – Street v Mountford
  • Oral and written contracts and contracts by deed
  • Quiet enjoyment
  • Housing Act 1988 – assured and assured shorthold tenancies
  • Housing Act 1996
  • Non-Housing Act 1988 tenancies (company lets, holiday lets, resident landlords, premium leases, agricultural property), Rent Act 1977
  • Grounds for possession
  • Protection from Eviction Act 1977
  • Unfair Terms in Consumer Contracts Regulations 1999
  • Other related legislation
    • Landlord and Tenant Act 1985 Section 1
    • Landlord and Tenant Act 1987 ss 47 and 48
  • Landlord and Tenant Act 1985 Section 11
  • Housing Act 1985 Section 189 and Housing Act 2004 Part 1 Chapters 2, 3 and HHSRS under the Housing Act 2004 Part 1 Chapter 1*
  • Fire and safety in properties
    • Fire regulations in properties
    • Gas safety regulations
    • Electrical regulations (service equipment and appliances)
    • Furniture and Furnishings (Fire Safety) Regulations
  • Houses in multiple occupation, Housing Act 1985 Section 352 and Housing Act 2004 Part 4
  • Licensing of HMOs, Housing Act 2004 Part 2
  • Selective licensing, Housing Act 2004 Part 3
  • Other agency related legislation
    • Trade Descriptions Act 1968
    • Accommodation Agencies Act 1953
  • Stamp duty land tax
  • FSA Regulations dealing with insurance

* = Housing Act 1985 Section 189 is now superseded by Housing Act 2004 HHSRS and so candidates will not be asked questions on this

Unit 3: Residential Property Letting Practice

  • Agency terms to include introduction only, let and rent processing only, let and manage, consents and authorities
  • Market appraisal and factors affecting letting value including style, location and amenities, size, age of property, external and internal condition, occupancy restrictions, accessibility, timing of comparable transactions, insurances, buy to let
  • Responsibilities of staff to clients, applicants and tenants including codes of practice and ethics, disclosure of personal interests and connected persons
  • Dealing with applications/offers, negotiating the offer, processing an application, qualification of offers, references, guarantors, credit checks
  • Disability Discrimination Act 2005 and its implications
  • Terms in tenancy agreements including forfeiture clauses, deposit clauses, repairing and maintenance obligations; non-standard additional clauses
  • Implications of housing benefit tenants including regulations relating to benefit claimants and rent officer determinations
  • Preparation of tenancy agreements and provision of other associated documentation such as inventories/schedules of condition, safety records
  • Hand-over procedures including utilities

Unit 4: Residential Property Management Practice

  • Client accounts procedures including deposits, rent processing/collection, tax implications including overseas landlords, arrears, contractor payments, fees and charges
  • Repairs and maintenance, periodic inspections, insurance claims, guarantees and warranties, contractor qualification, statutory consents
  • Town and Country Planning Act considerations such as conservation area and listed building consents, ‘To Let’ board regulations
  • Dealing with breaches of tenancy agreements
  • Extension, renewal and ending of tenancies to include documentation, timing, follow-up, grounds for possession, harassment, rent review
  • Rent Assessment Committee
  • Dilapidations (damage)
  • Making and checking of inventories, tenants’ abandoned goods
  • Party Wall Act 1996 and Environmental Protection Act 1990 and related legislation, including Noise Act 1996 to include notices, access, liaison with other relevant third parties
  • Dispute resolution procedures