NFoPP QCF Level 3 Technical Award in Residential Letting and Property Management (England and Wales)

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1 Telephone: Facsimile: NFOPP Registered No NFoPP QCF Level Technical Award in Residential Letting and Property Management (England and Wales) Syllabus The Technical Award is divided into Units and each Unit is assessed by a multiple choice examination which is taken on a computer at a test centre. Each exam consists of 0 multiple choice which must be answered within 0 minutes. A pass mark of 70% must be achieved for each unit. This is the syllabus you will be examined against during the four Unit examinations. Unit (RLPM ) General Law, Health, Safety and Security in Relation to Residential Letting and Property Management (0 ) a pass mark of 70% ( out of 0 answered correctly) must be achieved for this Unit Unit (RLPM ) Legal Aspects of Lettings and Management (0 ) a pass mark of 70% ( out of 0 answered correctly) must be achieved for this Unit Unit (RLPM ) Residential Property Letting Practice (0 ) a pass mark of 70% ( out of 0 answered correctly) must be achieved for this Unit Unit (RLPM ) Residential Property Management Practice (0 ) a pass mark of 70% ( out of 0 answered correctly) must be achieved for this Unit If you have MOL study material and they do not match this syllabus please contact MOL directly via telephone and discuss the changes with them. Please remember this is a Level regulated qualification, equivalent to A Level, and therefore some selfstudy, research and application is required. The full breakdown of each Unit is covered within the following pages. This syllabus displays the number of per element you will be presented with during the examinations. You will still need to achieve the overall pass mark which is detailed; this information has only been added to aid your research and study. Please be advised that all candidates should undertake thorough study for all elements in order to hold detailed subject knowledge. Effective date November 05 Amend to Unit Replaces v.w.. syllabus Syllabus v.w Page

2 Telephone: Facsimile: NFOPP Registered No Unit General Law, Health, Safety and Security in relation to Residential Letting and Property Management (RLPM ) Unit Overview 0 hours of study recommended (70% pass mark) This unit is about knowing and understanding the general concepts of law relevant to an agent letting and managing residential property. It deals with the historical development and current concepts of the appropriate statute and common law to enable letting agents to understand and carry out their duties to colleagues, customers and the general public. Health, safety, security and discrimination matters are also covered including the legislation and best practice issues relevant to a letting agent in their duties within and outside their office when dealing with colleagues and customers and visiting residential properties. Unit Syllabus Items (elements A J) A Health and Safety at Work etc Act 97 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 empty and occupied property, including dealing with keys and information. C D General legal concepts as they relate to the provision of letting and management services. Common law duties of an agent and their staff; authority including agent of necessity. E asic land law: freehold, common-hold and leasehold; easements and covenants. F asic contract law: offer, acceptance and consideration. G Tort: negligence, occupiers liability and vicarious liability. H Discrimination: age, sex, race, disability and other protected characteristics. I Data Protection Act 998. J Proceeds of Crime Act 00, Money Laundering Regulations 007. Syllabus v.w Page

3 Telephone: Facsimile: NFOPP Registered No Unit Legal Aspects of Lettings & Management (RLPM ) Amendments to syllabus Unit/element Previously Now: Effective from st November 05 Unit element K Safety in properties: fire regulations; gas safety regulations; electrical regulations; furniture and furnishing regulations. Safety in properties: fire regulations; gas safety regulations; electrical regulations; furniture and furnishing regulations; legionella. Unit element N Unit element O Consumer Protection from Unfair Trading Regulations 008 Accommodation Act 95; Unfair Terms in Consumer Contracts Regulations 999; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 0. Consumer Protection from Unfair Trading Regulations 008 and usiness Protection from Misleading Marketing Regulations 008 Accommodation Act 95; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 0; unfair terms: Part Consumer Rights Act 05. Unit Overview 0 hours of study recommended (70% pass mark) This unit is about the law a letting agent needs to know that is specific to carrying out the letting and management of residential property. It deals with the common law duties and contract law relating to residential property letting and management. It stresses the importance of the agent knowing, understanding and complying with legislation concerned with the granting, administration, financial management and termination of the various types of residential tenancies. Unit Syllabus Items (elements A Q) A Leases and licences. Oral, written and contracts made by deed. C Implied terms e.g. quiet enjoyment. D Housing Act 988 and Housing Act 996: assured and assured short-hold tenancies. E Rent Act 977, Non Housing Act 988 tenancies: company lets, holiday lets, resident landlords, premium leases. F Grounds for possession. G Protection from Eviction Act 977. Syllabus v.w Page

4 Telephone: Facsimile: NFOPP Registered No H Other related legislation: s Landlord and Tenant Act 985; ss 7 and 8 Landlord and Tenant Act 987. I Landlord and Tenant Act 985 s. J Housing Act 00 Part Chapters, and in relation to housing health and safety rating system (HHSRS) and local authority enforcement procedures. K L Safety in properties: fire regulations; gas safety regulations; electrical regulations; furniture and furnishing regulations; legionella. Housing Act 00 houses in multiple occupations (HMOs): Part 7: meaning of houses in multiple occupation and Part : management Part : licensing, Part : selective licensing. M Housing Act 00 Part 6: tenancy deposit protection. N O Consumer Protection from Unfair Trading Regulations 008 and usiness Protection from Misleading Marketing Regulations 008. Accommodation Agencies Act 95; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 0; unfair terms: Part Consumer Rights Act 05. P Q Stamp Duty Land Tax. Consumer Credit Act 97 in relation to the provision of financial services and advice within the lettings and management practice and Financial Services and Markets Act 000. Syllabus v.w Page

5 Telephone: Facsimile: NFOPP Registered No Unit Residential Property Letting Practice (RLPM ) Unit Overview 0 hours of study recommended (70% pass mark) This unit deals with how letting agents should conduct themselves when carrying out the letting of residential property in order to comply with all relevant statute, common law and principles of best practice. It covers the agent s actions within and outside the office when dealing with landlords, tenants and colleagues and visiting residential properties. It includes the appropriate practices an agent should adopt in the taking and confirming of clients instructions, the finding of tenants and the preparation of appropriate tenancy agreements. Unit Syllabus Items (elements A J) A Agency terms: introduction only; let and rent processing; let and manage; consents and authorities. Market appraisal and factors affecting letting value: location, situation, type of property, style of property, age of property, size of property, external and internal condition, occupancy restrictions, availability, amenities, accessibility, insurances, buy to let, comparable transactions. C Energy performance certificate regulations. D Responsibilities of staff to clients, applicants and tenants including codes of practice and ethics, disclosure of personal interests and connected persons. E Dealing with applications: offers, negotiating the offer, processing an application, qualification of offers, references, guarantors, credit checks. F Preparation of tenancy agreement and provision of other associated documentation such as inventories/schedules of condition, safety records. G Terms in tenancy agreements: forfeiture clauses, deposit clauses, repairing and maintenance obligations; non-standard additional clauses. H Disability discrimination: obligations and reasonable adjustments. I Implications of tenants in receipt of local housing allowance relating to claimants. J Hand-over procedures including utilities. Syllabus v.w Page 5

6 Telephone: Facsimile: NFOPP Registered No Unit Residential Property Management Practice (RLPM ) Unit Overview 0 hours of study recommended (70% pass mark) This unit deals with how letting agents should conduct themselves when carrying out the management of residential property in order to comply with all relevant statute, common law and principles of best practice. It covers the agent s actions within and outside the office when dealing with landlords, tenants and colleagues and visiting residential properties. It also includes dealing with repair and maintenance and the appointment of contractors related to residential properties and the problems associated with the management of let property together with the appropriate remedial action available. It also deals with any duties an agent may have after the end of a tenancy and dispute resolution procedures. Unit Syllabus Items (elements A J) A Client account procedures: deposits; rent processing/collection; arrears; contractor payments; fees and charges; Finance Act 995: tax implications relating to overseas landlords. Repairs and maintenance, periodic inspections, insurance claims, guarantees and warranties, contractor qualification, statutory consents. C Town and Country Planning Act 990: development, enforcement, conservation area and listed building consents, agents boards. D Dealing with breaches of tenancy agreements. E Extension, renewal and ending of tenancies to include documentation, timing, follow-up, grounds for possession, harassment and rent review. F Residential property tribunals, rent assessment. G Making and checking of inventories, tenants abandoned goods. H Dilapidations (damages). I Environmental Protection Act 990, Party Wall etc Act 996, Noise Act 996; notices, access, liaison with other relevant third parties. J Dispute resolution procedures: tenancy deposit schemes and redress schemes. Syllabus v.w Page 6