NFOPP Level 4 Certificate in Residential Lettings and Property Management Comparison Sheet

Transcription

1 The Level 4 Certificate in Residential Lettings and takes Unit 1 from the NFOPP Technical Award in Residential Lettings and Property Syllabus Unit 1 General Law, Health, Safety and Security in Relation to Residential Letting and Property a.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 b. Safety and security issues on empty and occupied property, including dealing with keys and information c. General legal concepts as they relate to the provision of letting and management services d. Common law duties of an agent and their staff; authority including agent of necessity Syllabus e. Basic land law: freehold, commonhold and leasehold; easements and covenants Fn f. Basic contract law: offer, acceptance and consideration g. Tort: negligence, occupiers liability and vicarious liability h. Discrimination: age, sex, race, and disability i. Data Protection Act 1998 j. Money Laundering Regulations 2007, Proceeds of Crime Act 2002 The Level 4 Certificate in Residential Lettings and takes Unit 2 from the NFOPP Technical Award in Residential Lettings and Property Unit 2 Legal Aspects of Lettings and a. Leases and licences, Street v Mountford (1985) b. Oral, written and contracts made by deed c. Implied terms: quiet enjoyment d. Housing Act 1988 and Housing Act 1996: assured and assured shorthold tenancies e. Non Housing Act 1988 tenancies: company lets, holiday lets, resident landlords, premium leases, agricultural property; Rent Act 1977 f. Grounds for possession

2 g. Protection from Eviction Act 1977 h. Other related legislation: s1 Landlord and Tenant Act 1985; ss 47 and 48 Landlord and Tenant Act 1987 i. Landlord and Tenant Act 1985 s11 Terms in Consumer Contracts Regulations 1999 j. Housing Act 2004 Part 1 Chapters 1, 2 and 3 in relation to Housing Health and Safety Rating System (HHSRS) and local authority enforcement procedures k. Safety in properties: fire regulations; gas safety regulations; electrical regulations; furniture and furnishing regulations l. Housing Act 2004 houses in multiple occupation (HMOs): Part 7: meaning of houses in multiple occupation; Part 4: management; Part 2: licensing; Part 3: selective licensing m. Housing Act 2004 Part 6: tenancy deposit protection n. Other agency related legislation: Accommodation Agencies Act 1953; Consumer Protection from Unfair Trading Regulations 2008; Cancellation of Contracts Made in a Consumer s Home or Place of Work etc Regulations 2008 o. Unfair Terms in Consumer Contracts Regulations 1999 p. Property Misdescriptions Act 1991 q. Stamp Duty Land Tax r. Financial Services and Markets Act 2000 and Consumer Credit Act 1974 in relation to the provision of financial services and advice within the lettings and management practice Unit 3 Legal Aspects Relating to Residential Letting and a. General legal concepts: - contract: formation, misrepresentation, termination - tort: negligence, occupier's liability, nuisance, vicarious liability - discrimination: sex, race, age, disability and sexual orientation - property law; estates and interests in land - freehold, leasehold, commonhold; lease/licence distinction; covenants and easements b. Law of agency: formation of relationship, types of

3 authority, duties of an agent, duties of a principal, termination c. Creation of tenancies: tenancies under common law, Housing Act 1988 tenancies, Unfair Terms in Consumer Contracts Regulations 1999 d. Possession procedures: common law, Housing Act 1988 e. Consents and notifications: freeholder, head lessor, insurer, mortgagee f. Safety legislation: Furniture and Furnishings (Fire) (Safety) Regulations 1993, Gas Safety (Installation and Use) Regulations 1998, Electrical Equipment (Safety) Regulations 1994, Plug and Socket etc (Safety) Regulations 1994, Part P Building Regulations, Regulatory Reform (Fire Safety) Order 2005 g. Deposits: definition of stakeholder, agent for the landlord, interest on deposits; Housing Act 2004 Part 6 Chapter 4 Tenancy Deposit Schemes h. Discrimination: reasonable adjustments i. Notices: methods of service, ss6, 13 and 22 Housing Act 1988 j. Housing benefit and local housing allowance: application, administration and responsibilities Unit 4 Practice Relating to Residential a. considerations after commencement of the tenancy: the role of the agent, periodic visits, reports to the landlord, guarantees and warranties on appliances b. Maintenance and repair: recognition of defects, responsibilities of the parties, remedies c. Insurance: types, advice to landlords and tenants, requirements of the Financial Services Agency, dealing with claims, d. Using contractors: qualifications and professional memberships, assessment, instruction, insurance e. Accounting procedures for landlord and tenants: clients accounts, statements, interest on deposits and charges on late payment f. Communication between the agent and the landlord and tenant: managing expectations, information that must be communicated, records g. Dealing with breaches of the tenancy agreement: noise, access and deterioration of property h. End of tenancy: check out procedures; assessing and

4 dealing with damage, compensation; dealing with deposit disputes, return of deposit i. Tenancy renewals/extensions: options, process j. Dealing with licensed/non-licensed houses in multiple occupation (HMOs): practical considerations, responsibilities of agents and landlords k. Complaints: initial handling, regulatory bodies, redress schemes, alternative processes Unit 5 Appraisal and Residential Property Letting Practice a. Dealing with initial landlord enquiries and instructions: the enquiry, terms of business and services offered, taking instructions, gathering information, Cancellation of Contracts made in a Consumer s Home or Place of Work, etc Regulations 2008 b. The agent s duties to the client: nature of the duty, giving advice on condition, presentation and safety requirements; gathering information c. Creating the right tenancy: types, clauses to be included d. Supply and demand and value: market rental value, yields, investment and use of comparable evidence including use of ARLA quarterly survey and other market information e. Factors affecting value: determinates of value, influences on value f. Valuation methods: comparative, investment g. Market appraisal: the appraisal, planning restrictions and consents, advice to landlords, basic marketing principles h. Dealing with applicants: information sheets, Energy Performance Certificates, viewings, dealing with offers, referencing applicants, negotiating terms, housing benefit claimants, tenancy deposit, Consumer Protection (Distance Selling) Regulations 2000 i. Practical handover procedures: inventories and schedules of condition; preparation of the tenancy agreement, related documents, handover procedure j. Holding a deposit: common law, tenancy deposit schemes k. Overseas landlords: agent s obligations, types of landlords

5 Unit 6 Applied Law Relating to Residential Letting and a. Development of the legal framework for residential letting: lease/licence, Rent Act 1977 tenancies, Housing Act 1988 tenancies; other tenancies b. Rent: rent increases, role of a rent assessment committee, rent officers and fair rents, rent control, security of tenure c. Creation of leases: drafting, covenants, lease structure, Unfair Terms in Consumer Contracts Regulations 1999, Rent Act 1977 tenancies, agricultural residential tenancies, live/work tenancies. Succession rights d. Possession procedures: common law, Protection from Eviction Act 1977, Rent Act 1977, Housing Act 1988 tenancies. Forfeiture. Accelerated possession procedure e. Controls on letting agents and landlords: Accommodation Agencies Act 1953, Protection from Eviction Act 1977, harassment f. Complaints: handling complaints, alternative dispute resolution procedures, tribunals, courts. Court proceedings, preparation of evidence, civil procedure rules, expert witnesses. Judicial precedent, application of case law including current issues g. Other Housing Legislation: Law of Property Act 1925 ss 52, 54, 101, 146, 196; Law of Property (Miscellaneous Provisions) Act 1989 s2; Landlord and Tenant Act 1985 ss 1-8, 11 and 17; Landlord and Tenant Act 1987 ss 47 and 48 h. Houses in multiple occupation: definition, licensed and non-licensed premises, fire and electrical regulations, management orders, overcrowding notices i. Environmental health: Defective Premises Act 1972 s4; Health and Safety at Work etc. Act 1974; Environmental Protection Act 1990; Noise and Statutory Nuisance Act 1993; Noise Act 1996; Anti Social Behaviour Act 2003; Housing Act 2004 Part 1: Housing Health and Safety Rating System

6 Unit 7 Introduction to Office a. Role of the manager 1. Leader/manager 2. Organising and planning 3. Delegation b. Responsibilities of the manager 1. Leadership and team building, team competition 2. Motivation 3. Communication: informal, formal, meetings c. Planning 1. Office diary management 2. Managing workloads and tasks 3. Holiday sickness and absence 4. Crisis management d. Staff safety and security procedures 1. Premises and staff security 2. Implementing and monitoring procedures 3. Dealing with difficult people e. Office and staff presentation 1. Attitudes and images (office, staff, vehicles) 2. Maintenance and décor 3. Quality and currency of display f. I.T. 1. Policies and procedures including internet and , inappropriate use 2. Data protection 3. Security and back-up procedures 4. Hardware, software and maintenance Unit 8 Advanced Office a. Budgeting 1. Understanding profit and loss and management accounts 2. Fixed and variable costs 3. Cash flow forecasting b. Principles of reporting and record keeping 1. Key performance indicators 2. Collecting, collating, analysing and utilising c. Conflict and Complaints 1. Conflict with customers - complaints 2. Conflict with staff 3. Conflict between staff

7 d. Recruitment 1. Resource planning, reviewing staff needs 2. Getting applicants, job description, person specification, short listing 3. Interview: preparing for interview, interviewing against person specification, interviewing skills 4. References and use of Terms and conditions of employment 5. Induction: policies and procedures, expectations, probation, feedback 6. Discrimination and harassment in employment e. Managing performance Appraisals: feedback, communication, setting objectives Dealing with unsatisfactory performance: 1. Grievance procedures 2. Disciplinary procedures 3. Dismissal and redundancy f. Self management (for the manager and the staff) 1. Time management 2. Stress management g. Training and development 1. Analysing training needs, having a training plan, evaluating training 2. Learning cycle, one-to-one training, coaching, delegation 3. Personal development and CPD Please return this completed comparison along with a copy of the syllabus and certificate for the comparable qualification to: [email protected] or ARLA Arbon House Tournament Court Edgehill Drive Warwick CV32 6LG If you require further assistance please call the membership team on