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CPD answers – questions on the August 2013 posts

ResultsHere are the questions from September on the August 2013 posts with answers and notes. The correct answer is in red.

View the next questions from >> here.

Questions

1. What does the Superstrike case actually tell us?

  •  That the prescribed information needs to be re-served when a tenancy becomes periodic
  • That a deposit must be re-protected when a tenancy becomes periodic
  • That a deposit taken before April 2007 is required to be protected if the tenancy becomes periodic after that date

There are other potential implications presented by this case but it is not known at present how far these go.  This question is based on this post.

2. Do you HAVE to notify your lodger if you are not the property owner?

  • Yes
  • No

This question is based on this post.

3. Under what act can you prosecute a landlord for disrepair if it is a statutory nuisance?

  •  The Housing Act 1988
  • The Landlord & Tenant Act 1987
  • The Environmental Protection Act 1990
  • The Defective Premises Act 1972

An alternative route for tenants seeking action which can be used if the statutory repairing covenants do not apply.  This question is based on this post.

4. If a landlord has failed to protect a deposit within the 30 days – what must he do in order to be able to serve a valid section 21 notice?

  • Refund the deposit money to the tenant
  • Protect the deposit
  • There is nothing he can do, he won’t be able to use s21

This question is based on this post.

5. Which of the following statements regarding landlords obligations regarding electricity is NOT correct?

  • The landlord must maintain the wiring in proper repair under his statutory repairing covenants
  • PAT certificates must be obtained for all electrical appliances every 5 years
  • Landlords must ensure that their property is free from electrical hazards

This question is based on this post and also refers to this older post.

6. Which of the following statements regarding the Land Registry is incorrect?

  • You can provide the Land Registry with your contact details if you do not live at a property
  • You can register a restriction to protect against fraudsters dealing with your property
  • You can usually get a transfer of property to a fraudster set aside
  • You can normally get a mortgage taken out against your property by a fraudseter who has transferred the property into his name, set aside

A reason why you should take precautions to prevent it ever happening.  This question is based on this post.

7. Which of the following statements is untrue regarding agents?

  • An agent can serve a valid section 21 notice on behalf of a landlord
  • An agent can require a tenant to leave if the landlord is in breach of his agency agreement
  • An agent cannot end a tenancy if the landlord wants it to continue

This question is based on this post.

8. How long does Ben say it will normally take (approximately)  to bring a prosecution against a benefit cheat?

  • Four weeks
  • Three months
  • Six months
  • A year

This question is based on this post.

9. Can a landlord successfully defend a claim for unlawful eviction on the basis that the property is actually owned by his wife?

  • Yes
  • No

This question is based on this post.  Which is based on this post on the Nearly Legal blog.

10. Which of the following statements is incorrect regarding water meters?

  • They cannot be removed after 12 months
  • Tenants cannot be prevented from installing one if the fixed term of their tenancy is over 6 months
  • A landlord is not allowed to evict a tenant under s21 because he has installed a water meter

This question is based on this post.



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Important note. If you are reading an old post, remember that the law may have changed since it was written.





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About the post author:

Tessa Shepperson

Tessa is a lawyer and specialises in creating products and services which help landlords and letting agents learn and understand landlord & tenant law. For example, she runs the Landlord Law website (now in its 14th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

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Tessa is an English lawyer specialising in residential landlord and tenant law.


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