Ending tenancies of residential property — Chartered Institute of Housing End-Point Assessment Service Industries Revision

    This element covers the legal mechanisms by which residential tenancies can be terminated by either party, focusing on statutory procedures under the Housi

    Topic Synopsis

    This element covers the legal mechanisms by which residential tenancies can be terminated by either party, focusing on statutory procedures under the Housing Act 1988 and associated legislation. It examines notice requirements, grounds for possession, and the court process for obtaining possession orders, essential for professionals ensuring compliance and protecting client interests.

    Key Concepts & Core Principles

    Exam Tips & Revision Strategies

    Common Misconceptions & Mistakes to Avoid

    Examiner Marking Points

    Ending tenancies of residential property

    CHARTERED INSTITUTE OF HOUSING
    vocational

    This element covers the legal mechanisms by which residential tenancies can be terminated by either party, focusing on statutory procedures under the Housing Act 1988 and associated legislation. It examines notice requirements, grounds for possession, and the court process for obtaining possession orders, essential for professionals ensuring compliance and protecting client interests.

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    Learning Outcomes
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    Assessment Guidance
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    Key Skills
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    Key Terms
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    Assessment Criteria

    Assessment criteria

    CIH Level 3 Certificate in Letting and Managing Residential Property

    Topic Overview

    The CIH Level 3 Certificate in Letting and Managing Residential Property is a vocational qualification designed for individuals working in or aspiring to work in the residential lettings and property management sector. It covers the legal, regulatory, and practical aspects of letting and managing properties, including landlord and tenant law, tenancy agreements, property inspections, and maintenance. This qualification is essential for those seeking to become letting agents, property managers, or to enhance their knowledge for career progression in the housing sector.

    The course is structured around key units that address the entire letting process, from marketing and tenant referencing to tenancy creation and deposit protection. It also delves into the management of properties during the tenancy, including rent collection, dealing with complaints, and handling terminations. Understanding these topics is crucial for ensuring compliance with UK housing laws, such as the Housing Act 1988 and the Tenant Fees Act 2019, and for providing a professional service to landlords and tenants.

    This qualification fits into the wider subject of Service Industries by focusing on the customer service and business management aspects of property letting. It equips students with the skills to manage relationships, handle financial transactions, and navigate legal complexities, all of which are transferable to other service-oriented roles. Mastery of this certificate demonstrates a commitment to professional standards and can lead to roles such as lettings negotiator, property manager, or compliance officer.

    Key Concepts

    Core ideas you must understand for this topic

    • →Tenancy Types: Understand the differences between assured shorthold tenancies (ASTs), assured tenancies, and regulated tenancies, including their legal requirements and notice periods.
    • →Deposit Protection: Know the three government-approved tenancy deposit schemes (TDS, MyDeposits, DPS) and the legal obligations to protect deposits within 30 days and provide prescribed information.
    • →Right to Rent Checks: Comply with the Immigration Act 2014 by conducting checks on all tenants aged 18+ to verify their right to rent in the UK, including for British citizens and those with time-limited leave.
    • →Property Standards: Ensure properties meet the Housing Health and Safety Rating System (HHSRS) and Energy Performance Certificate (EPC) requirements, with a minimum EPC rating of E for new tenancies from 2020.
    • →Tenant Fees Act 2019: Understand the banned fees (e.g., admin fees, referencing fees) and permitted charges (e.g., rent, deposits capped at 5 weeks' rent, holding deposits capped at 1 week's rent).

    Learning Objectives

    What you need to know and understand

    • 1. Understand how a tenant can end the tenancy. 2. Understand how a landlord can end the tenancy.3. Understand the legal process for a landlord to obtain possession.

    Assessment Criteria

    Key criteria assessors look for in your portfolio

    • Award credit for accurately distinguishing between mandatory and discretionary grounds for possession under Section 8 of the Housing Act 1988.
    • Award credit for demonstrating correct calculation of notice periods for Section 21 notices, depending on tenancy type and date of service.
    • Award credit for explaining the steps involved in the accelerated possession procedure and when it is applicable.

    Assessment Guidance

    Guidance for achieving higher grades

    • 💡Always reference the specific legislation, including the Housing Act 1988 and the relevant prescribed forms (e.g., Form 6A for Section 21 notices) in your answers.
    • 💡When outlining the possession process, structure your answer chronologically: service of notice, issue of claim, court hearing, and bailiff enforcement.
    • 💡Use practical examples to illustrate key points, such as calculating a tenant's notice period for a monthly periodic tenancy or identifying valid grounds for Section 8 where rent arrears exceed two months.
    • 💡When answering questions on tenancy agreements, always refer to the specific clauses required by law, such as the tenant's name, property address, rent amount, and deposit details. Use case law examples (e.g., *Superstrike v Rodrigues*) to show deeper understanding of deposit protection timelines.
    • 💡For questions on the Tenant Fees Act, memorise the exact caps: holding deposit (1 week's rent), security deposit (5 weeks' rent for annual rent under £50,000), and default fees (e.g., late rent at 3% above Bank of England base rate). Examiners look for precise figures.
    • 💡In property management scenarios, always consider the 'duty of care' owed to tenants and the requirement to keep properties in repair. Mention the Landlord and Tenant Act 1985, Section 11, which imposes an implied covenant to keep the structure and exterior in repair, and to maintain installations for water, gas, electricity, and heating.

    Common Mistakes

    Common errors to avoid in your coursework

    • Confusing the notice periods for periodic tenancies with those for fixed-term tenancies when serving a Section 21 notice.
    • Failing to ensure all prescribed information has been given to the tenant and deposit protected before serving a Section 21 notice.
    • Misunderstanding the difference between a tenant's notice to quit and a surrender of tenancy, including the requirement for landlord acceptance.
    • Misconception: A landlord can evict a tenant at any time without reason. Correction: For ASTs, landlords must use a valid Section 21 notice (no-fault eviction) or Section 8 notice (fault-based) and follow strict procedures, including giving at least two months' notice for Section 21 and obtaining a court possession order.
    • Misconception: Tenancy deposits can be held indefinitely by the landlord. Correction: Deposits must be protected in a government-approved scheme within 30 days of receipt, and the prescribed information must be given to the tenant. Failure to do so can result in penalties of up to 3 times the deposit amount.
    • Misconception: Letting agents are not responsible for ensuring a property is fit for habitation. Correction: Under the Homes (Fitness for Human Habitation) Act 2018, landlords and agents must ensure properties are free from hazards that could cause harm, and tenants can take legal action if standards are not met.

    Frequently Asked Questions

    Common questions students ask about this topic

    Before You Start

    Prior knowledge that will help with this topic

    • •Basic understanding of UK housing law, such as the difference between freehold and leasehold, and the roles of landlords and tenants.
    • •Familiarity with customer service principles, as the course involves dealing with landlords, tenants, and contractors.
    • •Numeracy skills for handling rent calculations, deposit caps, and financial statements.

    Key Terminology

    Essential terms to know

    • 1. Understand how a tenant can end the tenancy. 2. Understand how a landlord can end the tenancy.3. Understand the legal process for a landlord to obtain possession.

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