Law and Regulation Flashcards

Under the Health and Safety at Work etc. Act 1974, what is the employer's primary duty?

Answer: To ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees

Section 2 of the Act places a duty on every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all their employees.

What is a 'restrictive covenant' in property law?

Answer: A condition in a deed that restricts the use of land, such as prohibiting certain developments or activities

A restrictive covenant is a binding obligation in a property deed that limits how the land can be used, such as prohibiting business use, restricting building heights, or preventing alterations.

What is the role of the 'Land Registry' in England and Wales?

Answer: To register ownership of land and property, maintaining a publicly accessible register of title

HM Land Registry is responsible for registering the ownership of land and property in England and Wales, maintaining a definitive register of title that provides certainty of ownership.

Under the Equality Act 2010, what duty does a service provider have regarding their premises?

Answer: A duty to make reasonable adjustments to ensure that disabled people are not placed at a substantial disadvantage

The Equality Act 2010 requires service providers to make reasonable adjustments to physical features of their premises, provision of auxiliary aids, and policies to avoid substantial disadvantage to disabled people.

What is 'dilapidations' in the context of a commercial lease?

Answer: A claim by the landlord against the tenant for breaches of repair and reinstatement obligations under the lease

Dilapidations is a claim made by the landlord (usually at or near lease end) for breaches of the tenant's repairing, decorating, and reinstatement covenants, seeking compensation for the cost of repairs.

What is the significance of the 'Defective Premises Act 1972' for surveyors?

Answer: It imposes a duty on those involved in the provision of dwellings to ensure they are fit for habitation, with relevance to inspection and certification

The Defective Premises Act 1972 imposes duties on those who take on work for the provision of dwellings (including conversions) to ensure they are fit for habitation, with implications for surveyors providing reports.