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SOE > Bitch questions > Flashcards

Bitch questions Flashcards

1
Q

What is the difference between NIA & IPMS3

A

IPMS -

Includes columns and measures to the internal dominant face

Areas less than 1.5m in height are included, but stated separately

NIA

Internal columns & walls excludes

Areas less than 1.5m excluded

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2
Q

What is the difference between GIA and IPMS 2

A

IPMS

Includes covered galleries (stated separately)

Includes area occupied by reveals of windows when measured and assessed as the internal dominant face

GIA

Excludes above

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3
Q

What is the difference between IPMS1 & GEA

A

IPMS 1

Balconies and covered galleries includes by stated separately

GEA

Covered galleries included but not stated separately

Balconies Excludes

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4
Q

What would you include/exclude on a industrial measurement using GIA

A

Include

  • Areas with less than 1.5m of headroom
  • Areas occupied by internal walls and partitions
  • Columns, stairwells, lift wells, lift rooms, plant rooms
  • Mezzanine areas with permanent access

Exclude

  • Canopies
  • Fire escapes
  • Perimeter wall thickness
  • Covered ways
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5
Q

What is the internal dominant face

A

Inside finished surface comprising more than 50% of the floor to ceiling height in each IDF section

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6
Q

What was included/excluded in your NIA measurement for 3 Copthall

A

Includes

Skirting and perimeter trunking
Stationary Cupboards
Lift lobby

Exclude

Areas under 1.5 M
Protrusions more than 0.25m
Useable space less than 0.25m
Internal structural areas
Corridors (If single function and not usable)

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7
Q

What is included in Workman’s privacy notice?

A
  • What information you have
  • What information will be used for?
  • Which third parties you might share the information with?
  • How long the information is being kept for?
  • What legal right the firm has
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8
Q

What are the 3 types of financial statement you might come across relating to a company

A
  1. Balance Sheets
  2. Income Statements
  3. Cash Flow Statements
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9
Q

What are the 3 parts of a balance sheet

A
  • Assets
  • Liabilities
  • Owners Equity
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10
Q

What is the civil penalty for not displaying a valid EPC

A

12.5 of RV up to £5k

Could increase up to £30k from 2028

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11
Q

What is S23 of the L&T Act 1954

A

Tenancies to which the act applies

  • Business tenancies of over 6 months
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12
Q

What is S43 of the L&T Act 1954

A

Tenancies to which the act does not apply

  • Agricultural Holdings
  • Mining Leases
  • Residential Tenancies
  • Tenancies granted as condition of employment
  • Tenancies not exceeding 6 months unless
    - There is provision for extension
    -T has been in occupation for more than 12 months
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13
Q

What is S24A of the L&T Act 1954

A

Application to court for interim rent

  • Is the rent from the period of the expiry of the S25 or 26 (should a period exist) to the start of the new lease

Interim rent is the rent of the new tenancy unless L or T show otherwise, e.g.
- different valuation dates
- different terms of old and new tenancy

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14
Q

What is S25 of the L&T Act 1954

A

Landlord’s notice

  • Must be served between 12 or 6 months to:

a) Contractual end of the tenancy
b) Date specified in the notice i.e.
- if the tenancy has less than 6 months to run
- T is holding over under S24
- T is on periodic basis

Either a Friendly or Hostile notice is given

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15
Q

What is S26 of the L&T Act 1954

A

Ts request for new tenancy

For T who’s term exceeds 12 months and has not yet received a S25 notice within the 12-6 month period (can also be requested after)

T may propose
- start date of new lease (up to 12 months from date of notice)
- Property comprised
- The rent
- Other terms

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16
Q

What is S24(1) of the L&T Act 1954

A

If the tenancy has been terminated according to the act, the L&T may apply to court to determine the terms of the new tenancy

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17
Q

What is S27 of the L&T Act 1954

A

Where T wants to leave premises

Must be at least 3 months to expire and no later than the end of tenancy

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18
Q

What is S28 of the L&T Act 1954

A

Agreement for new tenancy

If L&T agree new tenancy for premises
- current tenancy shall continue until commencement of new tenancy and will cease to be a tenancy to which the act applies

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19
Q

What is S40 of the L&T Act 1954

A

Obtaining preliminary information from the other party

  • L&T can request information from other party within last two years
    of the term for renewing or terminating a tenancy

e.g. L may request details of occupation or sub-tenancies
T may request details of superior L

Either party must provide correct info within 1 month of request

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20
Q

What is S30 of the L&T Act 1954

A

Landlord’s grounds for possession if opposing request for tenancy in S25 notice or in response to Ts S26 notice S30(1)

a) T has failed to carry out repairs
b) T has persistently delay paying rent
c) T is in breach of some other covenant
d) L offers suitable alternative accommodation
e) Where tenancy was created by a sub tenancy and the building let as a while would produce a higher rent than from separate lettings
f) L intends to demolish to reconstruct premises
g) L intends to occupy the premises for own purposes
LL must have been L for 5 years

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21
Q

What is S37 of the L&T Act 1954

A

Tenant’s compensation for LL terminating lease

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22
Q

What is S29 of the L&T Act 1954

A

Power of the court to determine new tenancy

If the tenancy is terminated in accordance with Act and application from L or T has been made under S 24(1) the court has the power to grant a new tenancy under S29(1) and may determine:

  • The property comprises
  • Length of lease
  • Rent
  • Other terms
  • Interim rent
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23
Q

What is S32 of the L&T Act 1954

A

The property comprised

Usually same as in old tenancy

However if L has objected to tenancy as they want to substantially reconstruct court may order a tenancy of part of the property (S31A(1)B))
- so long as T agrees and L can carry out works

24
Q

What is S33 of the L&T Act 1954

A

The power the court has in granting a term length

Max 15 years

25
Q

What is S34 of the L&T Act 1954

A

The rent the property might reasonably be expected to let in the open market by a willing lessor, disregarding
- Ts previous occupation
- Any goodwill
- Certain improvements (see below)
- Carried out by T during old tenancy
- Less than 21 years before the application for new tenancy was
made
- License to sell intoxicating liquor

26
Q

What is S35 of the L&T Act 1954

A

The other terms of a new tenancy

  • To be agreed between L & T
    • Or determined by court
  • Court must have regard to terms of old tenancy and other relevant
    circumstances
  • L may change terms if relevant circumstances are that different
    terms are being agreed in the open market

Satisfied by O’May case

27
Q

What is your understanding of the O’May and Others v City of London Real Property Co. Ltd [1982] case

A

Either party wishing to change terms of the lease will have to satisfy 4 tests (RICF)

(Reason, Impair, Compensation, Fair)?

1) Has the party demanding the change showed good reason?
2) Will the adjustments materially impair the conduct of Ts business
3) Will the party resisting the change be adequately compensated
4) Is the variation fair and reasonable between the parties

28
Q

What is S36 of the L&T Act 1954

A

Carrying out the order for a new tenancy

  • L bound to grant new lease on terms determined by court
  • T can apply to have the court order revoked within 14 days, tenancy
    will continue for reasonable period for L to re-let
29
Q

What is S38 of the L&T Act 1954

A

Contracting out

For new tenancy of fixed term L or T may contract out of S24-28

L must serve T a notice under Regulatory Reform (Business Tenancies) (England and Wales) Order 2003

if notice served + 14 days before valid agreement for lease of start date
- T must sign simple declaration

If notice serve less than 14 days
- T must sign a statutory declaration before a solicitor

30
Q

What is the punishment for a LL breaching MEES

A

If the breach is for less than 3 months
- Higher of £5k or 10% of the RV
- Fine capped at £50k

If the breach is more than 3 months
- Higher of £10k or 20% of the RV
- Fine capped at £150k

31
Q

What are the disposal costs in your residual

A

Letting Fees
Legal Fees
Tax

32
Q

What are the developers costs for your residual

A
  • Build costs
  • Demolition
  • Consultants fees
  • Interest on loans
33
Q

What is the net initial yield

A

Rent expressed as a percentage of the gross acquisition price

34
Q

What is the initial yield

A

Net income at date of purchase expressed as percentage of purchase price

35
Q

What is the difference between gross and net yield

A

Gross yield = Rent expressed as a percentage of the purchase price

Net yield = Rent expressed as a percentage of the gross acquisition price (i.e. Including purchasers costs)

36
Q

What defects can be seen in brickwork

A
  • Evidence of water entering brickwork
  • Efflorescence = salt reacting with water and leaving white marks
  • Spalling = bricks degrading because of heating & cooling of bricks
37
Q

What would you include within a NIA measurement

A
  • Kitchens
  • Built in-cupboards
  • Areas occupied by perimeter trunking
  • Areas occupied by non-structural walls
  • Atria with clear height and entrance halls if not expressly included in the communal areas
38
Q

What would you exclude from NIA

A
  • WCs
  • Areas under 1.5m in height
  • Plant and lift room
  • Stairwells
  • Cleaner cupboards
  • Space rendered unusable (gap of 25cm or less)
39
Q

Residual method

A

Gross Development Value from MR capitalised into perp

 - Less developers costs & profit

= Net Development Value

  - *PV for a year @ interest rate

= GRV

  - Less agent fees, legal fees & SDLT

= Site Value

40
Q

What are the 5 principles of the RICS Regulation for Members and Firms (2007)

A

1) Transparency
2) Proportionality
3) Accountability
4) Consistency
5) Targeting

41
Q

If a breach were to be reported to the disciplinary hearing, what penalties can be imposed on the breaching party

A
  • Consent order
  • Unlimited (but proportional) fine
  • Conditions for continued membership
  • Expulsion
  • Publications of results of hearing in modus magazine
42
Q

What are considerations from Ethics decision tree

A
  • Do you have sufficient facts on the issue
  • Is it legal
  • Is it in line with the RICS Rules of Conduct
  • Have you consulted with appropriate people to make an informed decision
  • Do you have clear reasoning in reaching your decision
  • Would you be content for your actions to be made public
43
Q

What are the key requirements for Professional Indemnity Insurance?

A
  • Each and every claim or aggregate cover plus round the clock
    reinstatement
  • Written on full civil liability basis with min level of indemnity
  • Comply with max level of uninsured excess
  • Fully retroactive
  • Underwritten by RICS listed insurer
  • Cover all past and present employees work
44
Q

What contamination risks would have to be considered during an inspection

A
  • Asbestos
  • Chemicals in storage
  • Contaminated water
45
Q

What is high aluminic cement

A

Used during 1950/70s due to quick strength development

However has emerged that it deteriorates with age and can cause building collapse

46
Q

What makes up a solid wall construction

A

Two layers of brick
- Stretchers (long) in one course and headers (short) in the next
- No gap between

230mm thick

47
Q

What makes up a cavity brick wall!

A

Two walls of stretchers (long bricks) 50-70 mm apart

Tied together by cavity wall ties

280mm thick

48
Q

What is a building frame

A

Structure which weight is carried by a skeleton or framework rather than being supported by walls

49
Q

What is the modern construction (exterior) of an industrial building?

A
  • Steel portal frame
  • Metal sheet cladding
  • Pitched roof
50
Q

What is the main benefit of portal frame contraction

A

Cost effective to cover a large area

Good for large warehouses

51
Q

What is the four step process for identifying a defect

A

1) Take photos
2) Try and establish cause when on site
3) Inform client
4) Recommend specialist advice

52
Q

Why has IPMS been introduced

A
  • Avoid current inconsistencies in definitions of
    measurement across different countries
  • Improve global transparency and consistency
53
Q

What IPMS standards are adopted by RICS

A

Offices and Resi (Unless client provides written

54
Q

What is dual reporting for measurement

A

Measuring to both IPMS and NIA/GEA/GIA etc

55
Q

When would you use dual reporting

A

When requested by client or if there is a lack of comparables

56
Q

Is the code of measuring practice mandatory?

A

No, only advises best practice

57
Q
A

SOE (4 decks)

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