APC Legal & Regulatory Compliance Flashcards

1
Q

Key legislation for L&T / Property Management

A

Law of Property Act 1925
Landlord and Tenant Act 1927
Landlord and Tenant Act 1954
Landlord and Tenant Act 1988
Landlord and Tenant (Covenants) Act 1995

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2
Q

What are the different statuses of RICS documentation?

A

o Rules of Conduct (M)
o Professional Statements (M)
o Practice Statements (BP)
o Regulation Papers (M)
o Guidance Notes (BP)
o Codes of Practice (M or BP)
o Jurisdiction Guides (S)

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3
Q

What does the Landlord and Tenant Act 1954 cover?

A

o PART 1 – resi security of tenure
o PART 2 – Commerical security of tenure
o PART 3 – Compensation for improvements
o PART 4 – misc and supplementary.

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4
Q

What is meant by a health warning?

A

o Clause in leases to exclude security of tenure provisions
o Clauses 24-28 of 1954 Act

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5
Q

Date of OFCOM CoP for telecoms?

A

Dec 2017 – ECC CoP

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6
Q

Purpose of OFCOM CoP?

A

o Info about the new code
o Conduct of negotiations for new code agreements
o Conduct of operators
o Other matters relating to operation of the new Code.

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7
Q

Date of RICS GN on Surveyors Advising in Respect of the Telecommunications Code?

A

2019

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8
Q

Purpose of the RICS GN on telecoms?

A

o Highlight main roles of the telecoms environment.
o Reference point for surveyors advising on new ECC matters.

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9
Q

What is the Hanover case?

A

o Vodafone v Hanover Capital 2020
o Three stage valuation – underlying value, benefits and burdens

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10
Q

What is the Affinity Water case?

A

o Affinity water table of imposed values for different sites taken from relevant case law.
o EE & Three v Affinity Water Limited 2022.

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11
Q

What is the Pippingford case?

A

o EE & Three v Morriss and others 2022
o Comparable method to be adopted in 54 Act protected cases where evidence available.
o Valuation to be governed in first renewal by Section 34 principles.
o Annualisation of ECPs.

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12
Q

What is the New Zealand Farm case?

A

o On Tower Ltd v AP Wireless (II) UK Limited 2022
o Initial renewal to be completed under 54 Act and then becomes a code agreement.
o Valuation to be governed by Section 34 OM principles.
o Used Pippingford approach of comps rather than Hanover.
o O’May principle meant APW additional requests denied.

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13
Q

What difference with the PSTI Bill make to protected renewals?

A

o Product Security and Telecommunications Infrastructure Bill.
o Constantly changing space due to legislation
o Where primary purpose of renewal is to confer code rights, renewal rent is to be assessed on an identical basis to Para24 of the code (no network assumption)
o Eliminates the perceived benefit of seeking a 54 Act protected renewal to increase offered annual site payments.
o Only applies to subsisting written agreements so any undocumented periodic tenancies could still be renewed using open market rental assessments.

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14
Q

Other key features of the PSTI Bill?

A

o Requirement for operators to offer and explain availability of ADR prior to tribunal referral.
o New ability to request access to land for MSVs etc where landowner not responding.
o Speed up negotiations – existing agreements have the right for renewal on similar terms or request a new agreement.
o Additional confirmation as regards to occupying the land (as per Compton Beauchamp decision).

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15
Q

How has your employer improved their CHP?

A

o Clearly publicised policy on Landlord comms and on website.
o Clearly defined roles within the business – first POC is the REM, then HoP then Director.
o Clear KPIs to ensure timely response and escalation paths.
o LOOK INTO THIS MORE.

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16
Q

How have you been advising with regards to offering ADR in Code discussions?

A

o Formal mediation available if parties cannot agree terms around the table.
o LOOK INTO THIS MORE.