CIH Level 3 Certificate in Letting and Managing Residential Property Assignment 2

This assignment covers topics such as advice for new landlords, essential steps in taking on a new property, compliant property adverts, comparison of tenancy types, and steps for ending a tenancy. The subject is CIH Level 3 Certificate in Letting and Managing Residential Property, and the course reference/location is Glasgow. The output is in JSON format.

Your name:
EMILIA MCMILLAN
Your assessor’s name:
MICHELLE KERR
Unit number(s) and title (s):
Letting Residential Properties
Ending Tenancies of Residential Property
Course reference/location:
GLASGOW
Date assignment submitted:
13/02/2018
Please tick the appropriate statement:
This is my first submission of this assessment X
This is re-submission no. 1 
This is re-submission no. 2 
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CIH level 3 certificate in letting and managing residential property
Assignment 2
Starting and Ending Tenancies
(Incorporating Letting Residential Properties and Ending Tenancies of Residential Property.)

Please reflect on the assignment you are about to submit; then answer the questions
below. This will help us to address your concerns and help you to improve your skills.
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If NO, please explain why the contact was not satisfactory:
5. Length of time taken to prepare for and complete this assignment (approximate number of
hours): 6
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If NO, please explain why the contact was not satisfactory:
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Final Word Count without Ref 3389
1. Referring to the Code of Practice for your business summarise three areas of
advice that you would give to a new landlord considering renting their property
through your organisation.
This could include advice on the services provided, limits of liability, other
essential advice and any conflicts of interest.
Letting agents in Scotland will need to comply with necessary Letting Agent Code of
Practice also they need to join a Register of Letting Agents. According to Code of
Practice, there are various areas of advice that needs to be given to a new landlord , who
is considering renting their property. Areas of advice includes service provided, limits of
liability and conflict of interests. Letting Agents as a part of the Code of Practice need to
comply with designated uniformity in quality service within the industry. They need to
provide guidance to landlord to include in their agreement specific services that a tenant
can avail while his stay at the property (safedepositsscotland.com, Retrieved on 10th
February 2018). Such services needs to include detailed charges associated with them as
well including basic services as electricity, water, heating service or any other specific
extra service provided by landlord. Limits of liability needs to be included within tenancy
agreement by landlord that encompasses using any other property of landlord without
prior permission. It can also include agreement related to renewal of agreement and
notice period while moving out. It might also include keeping property clean such as
carpets, windows, furniture, walls and keeping rubbish away. a possible area of conflict
of interest relating to keeping pets as dogs or cats has to be clearly indicated by the
landlord. Once agreement has been rolled out, there cannot be made any exclusion or
inclusion regarding possible permission prohibiting entry of pets.
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2. Describe in a logical sequence the essential steps in taking on a new property
through to letting the property and detail the key tasks associated with each step.
You should determine how many essential steps there should be, but you will at
least need to include the following steps:
 Inspecting and preparing the property
 Marketing the property
 Tenant advice and check
 Signing up a tenant to a Private Residential Tenancy
Any documentation you wish to include to help support your answer should be
clearly referenced to a step.
Letting out an empty property in a professional manner can help increase returns on investment.
Step by step process would allow to figure and find an appropriate tenant, who is capable of
paying correct price for the property (Lets, Retrieved on 10th February 2018). Following are
some of the steps that can allow renting a property appropriately;
 Inspecting and preparing the property: Presence of multiple regulations often makes it
difficult to get a property ready for rental. Prior to letting out a property, Governmental
laws and safety regulations has to be adhered with. Landlord needs to be registered
before letting out his property. The property needs to confirm with Furniture and
Furnishing (Fire) (Safety) Regulations 1993 (amended), Gas Safety Regulations 1998,
Smoke Detectors Act 1191, Electrical Equipment (Safety) Regulations 1994 and Houses
in Multiple Occupation (H.M.O.). The landlord needs to have an inventory and schedule
of conditions ready. All electrical appliances has to be Portable Appliance Testing (PAT)
approved. Permission for mortgage lenders has to be obtained, in case the property is in
mortgage and insurers also has to be informed.
 Marketing the Property: Before marketing of the property accurate valuation has to be
obtained by the landlord. A best possible price in shortest time period has to be
ascertained by expert valuers with knowledge of property rental in Scotland areas.
Landlords often selects property management services in order to suit their needs to gain
maximum returns on their property. Once valuation has been ascertained, letting agents
or landlord presents the property in best possible way. Photographs are taken,
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comprehensive description regarding the property is made for attracting best possible
tenants. the property is marketed across wide range of media sources for higher visibility
as Rightmove, CityLets, S1Homes and other social networks.
 Tenancy advice and check: Once either the landlord or letting agent receives best
possible rental offers then background check of tenant is done. References are collected
from tenant to cross-check and ascertain reliability of tenant (Rentingscotland, Retrieved
on 10th February 2018). Various offerings, services and contract arrangements are
highlighted to the tenant as well as landlord. Deposit amount and rentals are discussed
and negotiated while signing in arrangement through meeting.
 Signing Up a tenant to a Private Residential Tenancy: Once all terms of contract and
details regarding tenancy agreement has been discussed in detail a Private Residential
Tenancy agreement is rolled out. Deposit made by tenants are transferred to deposit
protection scheme as per current legislations. This deposit is only released at the end of
the tenancy agreement. On the day of moving, post successful signing of tenancy
agreement keys are handed over to the tenant.
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3. A) Set out below are two examples of adverts. There are a number of breaches of
requirements on advertising property for let contained within the adverts. You
must identify at least 5 of those breaches and explain accurately why each of the 5
does not comply.
Scotland regulations has made several changes to advertisement regulations of properties.
Along with presence of a number of regulations, there are two important statutory
changes that will impact ways in which landlords or letting agents advertise their
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Advert 1
Traditional four bedroom property to let in good residential area,
close to good schools and transport links to the city centre and
available to rent from 1/1/2017. The property comprises 3 / 4
bedrooms, spacious living room, dining/family room, fully fitted
kitchen will all appliances expected of a house of this quality.
There are two bathrooms and a separate WC. The property
benefits from central heating and partial double glazing. There is
a driveway and garage. Large gardens to front and rear of the
building.
The property is suitable for family. Council Tax Band D. Rental
£1100 per month with a holding deposit of £2,300 to be paid on
application. EPC rating D.
Advert 2
Offer to let: Immaculate well-located 2 bedroom flat, located in
popular central residential development. In addition to the
bedrooms the property comprises spacious lounge, fitted kitchen
& bathroom. DG. Parking & Gardens. Rental £595 per calendar
month. Landlord Registration Number 12356/510/20223
To confirm suitability for viewing please contact the office by
calling or by email.

properties (Tcyoung, Retrieved on 10th February 2018). Un-adhering to current
compliances can result in fine up to GBP500. In the above adverts, landlord or letting
agent in the second advert have not included their Energy Performance Indicators. While
advertising for property EPC has to be stated under the Energy Performance of Buildings
(Scotland) Amendment (No.2) Regulations 2012. Secondly, the first advert did not make
use of Landlord’s Registration Number. The Private Rented Housing (Scotland) Act 2011
makes it compulsory to include landlord’s registration number in any written
advertisement to public or individuals (Advice, Retrieved on 10th February 2018). There
are no 24 hours written notice to have viewing convenient times are also not included.
Fourthly, the first advertisement does not correctly highlight number of bedrooms present
whether 3 or 4 in number. Fifthly, the second avert does not provide the tenant type that
is suitable for the property.
B) Create a fully compliant advert for a property to let.
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Advert
Flat to rent-1 bedroom
Office Premises to Let:39 South Street, Armadale, EH48 3ETWe have
office premises to Rent. The available rooms are:Room 1 3.667m x
3.529m (12.94m2) 139.3 sq ftRoom 3 3.606m x 3.933m (14.18m2)
152.63 sq ftRoom 4 4.499m x 2.258m (10.15m2) 109.25 sq ft
GBP 100 pcm (GBP23 pw)
South Street, Armadale EH48
Landlord Registration Number 13756/890/80547
To confirm suitability for viewing please contact the office by calling
or by email. [phone]

4. Briefly outline and compare the Private Residential Tenancy, the Short Assured
Tenancy and one other common tenancy type.
State the pros and cons of each type.
Outline 5 tenant’s and 5 landlord’s legal obligations for a Private Residential Tenancy
Answer: Private Residential Tenancy in Scotland are any tenancy that starts on or after
December 1st 2017. The new form of tenancy is set to replace short and assured tenancy
for making improvements and changes in private rented sector (Scotland, Retrieved on
10th February 2018). Short assured tenancy was introduced by the Housing (Scotland)
Act 1988, it gives protection and freedom of action to landlords while letting their
property. Another prominent type of tenancy agreement is Assured tenancy agreement. In
this type of tenancy, a formal notice (AT5) has to be given to tenants during start of
tenancy period with limited security of tenure. As contrasted to private residential
tenancy, there will no fixed terms as contracts will be open-ended. But similar to short
assured tenancy, tenants can be asked to vacate a property in a period of 6 months. Rent
in private residential tenancy can be increased in 12 months period only along with 3
months’ notice (Shelter, Retrieved on 10th February 2018). Private residential tenancy
will replace short assured tenancy agreements by overcoming challenges offered by it.
Private residential tenancy will provide longer notice periods with simpler notices with
model tenancy agreement. With private residential tenancy there will be no more AT5
forms or tenancy information packs and tacit relocation. Under assured tenancy
agreement, tenants are provided a secured period of tenure. Private tenancy is more
flexible as compared to short assured tenancy. In assured tenancy tenants have secured
period of tenancy hence they have an advantage over the other tenancy types.
Private tenancy agreement have a few tenants and landlords legal obligations as given
below;
Tenant’s responsibilities includes access for repairs, residents living in the property
cannot sublet the property or take a lodger or give tenancy to someone else. Tenant needs
to give in writing any person living who is above 16 years of age, a joint tenant or living
in the property as their main home. Tenants has to provide relationship with other
persons, who moves in the property.
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Landlord has legal responsibility of giving a notice period prior to increasing rent, tenants
can be asked to pay deposits that are refundable. Landlord cannot ask for administration
fees, premiums, further deposits and additional charges that are not refundable in nature.
5. Where a tenants wishes to bring their tenancy to an end, explain what steps:
 the letting agent must take on behalf of a landlord
AND
 the tenant must take
Explain this both for termination of a:
 Short Assured Tenancy
AND
 Private Residential Tenancy
Answer:
Letting Agent: Letting agents must take necessary steps on behalf of landlord for ending
tenancy period. Tenants has to be given 28 days or 84 days’ notice period for applying for
eviction (Lovett, 2010). Returning of the deposit has to be arranged in both Private
Residential tenancies and Short Assured Tenancy. There are 18 grounds for eviction of
tenant, which has to be clarified while providing notice to the tenant for eviction.
Tenants: In case tenancy wishes to bring their tenancy to an end in Private residential
tenancies, the they need to give landlord 28 days written notice. The notice needs to state
when they wishes the tenancy to end, which is generally the day after the notice period
expires.
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In case of short assured tenancy, the tenancy is generally fixed for fixed amount of time for
being repeated (Lonegrass, 2010). A written notice has to be given to the landlord, a
notice period is included in the tenancy agreement. A 28 day notice period is required if
tenancy period is less than four months and 40 days in case tenancy period is longer than
four months.
6. It is suspected that a property you manage has been abandoned. Describe steps
that can be taken which are likely to be regarded as reasonable and sufficient to
establish that the property is abandoned and the legal requirements to be satisfied
to recover the property.
Answer: Increasing number of queries are rising from Housing Associations of tenant
abandonment (Megarry, 2012). In case a property is suspected to be abandoned, then
legal requirements needs to be followed for recovering the property. In case the house is
unoccupied and tenant does not want to occupy it as his home then according to Section
17 of the Housing (Scotland) Act 2001, a social landlord might commence possession of
the property. A landlord needs to make necessary enquiries for ensuring satisfying of
conditions and that the property might be subject to vandalism. Notice must be provided
regarding abandonment of the property, in case landlord believes that the house is
unoccupied and the tenant has not indicated within 4 weeks intentions of occupying the
house (McFarlane, 2008). After 4 weeks’ notice period has ended and tenant does not
respond, then 28 days has to be provided between service of first and second
abandonment notice. The second notice cannot be served early as it can be challenged by
the tenant and might be termed as unlawful eviction.
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7. Explain the difference between mandatory and discretionary grounds for eviction.
Provide 3 examples of a discretionary ground and 3 examples of a mandatory
ground in respect of a Short Assured Tenancy and also for a Private Residential
Tenancy.
Summarise the legally required process for eviction from a Private Residential
Tenancy and recovery of possession. This summary should outline the following:
 the necessary documentation
 The specific timescales for serving this documentation
Your summary should also outline the required procedures when a tenant vacates
the property at the end date of the tenancy, and also when the tenant doesn't
vacate.
Answer: Eviction of tenancy has to be done on concrete grounds with given notice
period. In Mandatory Eviction, Sheriff needs to provide court orders for eviction. In cases
of Mandatory Eviction, landlord does not need to go to the court. In Discretionary
Eviction, landlord or letting agent needs to provide reasonable grounds for asking tenants
to leave (Crook, 2012). Landlord in this case needs to go to the Sheriff for providing
necessary reason asking tenants to leave. Landlord can seek possession in case of
Mandatory Grounds but in Discretionary Grounds he has to allow the tenant to stay.
There are several grounds on which a tenant needs to be evicted from a property.
Examples of eviction on Mandatory Grounds in private tenancy agreement includes;
Example 1: Property can be repossessed in case landlord used that home for personal use
and wants to do the same again.
Example 2: In case mortgage provider is taking over the property.
Example 3: In case higher education providers wants to take over possession that was
provided for fixed term period that is no greater than 12 month period.
Examples of eviction on Mandatory Grounds in short assured tenancy agreement
includes;
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Example 1: The property is reposed for making it available to minister of religion and
that the court is satisfied with the same.
Example 2: Landlord has applied for possession for substantial building work, however
it needs to be proved that tenant needs to leave for carrying out the building work.
Example 3: In case tenant of the property dies.
Examples of eviction on Discriminatory Grounds in private tenancy agreement includes;
Example 1: In case tenant was provided property for fulfilling employment
responsibility and is no longer an employee of the landlord.
Example 2: Tenant was granted the property falsely by the landlord as tenant acted on
behalf of some else.
Example 3: In case tenant has depicted any anti-social behaviour or cause nuisance in the
property.
Examples of eviction on Discriminatory Grounds in short assured tenancy agreement
includes;
Example 1: In case suitable accommodation is available for tenant and landlord needs to
take possession for accommodation.
Example 2: In case tenant was behind rent payment to landlord and he served him a
court notice.
Example 3: When tenant constantly provides late payment of rent.
In order to evict tenant from a property landlord or letting agent needs to serve a notice
period to the tenant. In case of lapse of 28 day period for serving of the first notice the
second notice needs to be provided (Singer, 2014). In case the tenant fails to reply to the
written notice for eviction then the landlord can move to the court for demanding
eviction. The court will then provide orders to Sheriff , who will help landlord to evict his
property. In case the tenant vacates the property, then landlord can easily gain possession.
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In case tenant fails to provide written reply to landlord within notice period then he can
easily move to court.
8. Not everything goes smoothly when landlords want their property back. Give an
example of action, which if taken by a landlord, would likely be considered in a
legal sense to be:
harassment of a tenant
OR
illegal eviction of a tenant
For the example you have given, explain why the action is illegal?
Answer: In case the landlord is harassed by the tenant, landlord can directly report to the Sheriff
and provide a written notice to tenant for eviction of his property (Burn, 2011). In case tenant
fails to reply within notice period he can serve another notice after lapse of 48 days, post which
he can directly move to the court.
Reference Lists
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Advice, U. L. (Retrieved on 10th February 2018). UNDERSTAND THE BASICS OF
LANDLORD RESPONSIBILITIES IN SCOTLAND. SAVE UNNECESSARY LEGAL
FEES AND FIND THE BEST LOCAL SCOTTISH LANDLORD LAWYER IF YOU
NEED ONE. https://www.unlockthelaw.co.uk/landlords-scotland.html.
Burn, E. H. (2011). Cheshire and Burn's Modern law of real property. Oxford University Press,
USA.
Crook, A. D. (2012). Knowing the area: The management of market and business risks by
private landlords in Scotland. Urban Studies, 49(15), 3347-3363.
Lets, H. (Retrieved on 10th February 2018). 10 steps to letting.
http://www.harveylets.com/landlords/1839-2/.
Lonegrass, M. T. (2010). Convergence in contort: landlord liability for defective premises in
comparative perspective. Tul. L. Rev., 85, 413.
Lovett, J. A. (2010). Progressive Property in Action: The Land Reform (Scotland) Act 2003.
Neb. L. Rev, 89, 739.
McFarlane, B. (2008). The structure of property law. Bloomsbury Publishing.
Megarry, R. H. (2012). The law of real property. Sweet & Maxwell.
Rentingscotland. (Retrieved on 10th February 2018). Renting your property out.
https://rentingscotland.org/landlords/renting-your-property-out/.
safedepositsscotland.com. (Retrieved on 10th February 2018). TPO and ARLA regional
roadshows. http://www.safedepositsscotland.com/blog-admin/tag/private-rented-sector/.
Scotland, R. (Retrieved on 10th February 2018). The new private residential tenancy.
https://rentingscotland.org/private-residential-tenancies/.
Shelter, S. (Retrieved on 10th February 2018). Short assured tenancy agreements.
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/
renting_from_a_private_landlord/short_assured_tenancies.
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Singer, J. W. (2014). Property law: Rules, policies, and practices. Wolters Kluwer Law &
Business.
Tcyoung. (Retrieved on 10th February 2018). Advertising Properties for Rent in Scotland.
https://www.tcyoung.co.uk/blog/2012/private-landlord/changes-to-advertising-
properties-for-rent-in-scotland.
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