Ella Mock Interview Flashcards
CS: Prior to instruction, why do you carry out AML checks ?
To protect against the risk of financial crime and money laundering
CS: How do you carry out Conflicts ? and what do they get checked against ?
Internal platform at LSH where you complete a conflict on the property, client and check against live or invoiced jobs
CS: What is the point of a COI check ?
To make sure you are not conflicted
CS: You issue LSH Standard LoE - on a joint sole agency basis - what does this mean ?
Joint Sole Agency is when two agents are bought onto a disposal and subject to lease completion will both receive a fee
What are the different basis of agency in LOE ?
Joint Sole Agency
Sole Agency
Multi Agency
CS: Can you tell me about the local industrial market
+ General market commentary
CS: When you inspected you identified the age - bec of the age what defects are you looking for ?
CS: if you found Japanese Knotweed, how would you identify it ?
Purple stems with red specs with white flowers in the summer time. In the winter, it’s dark stems
CS: In your accommodation table you note the areas of the unit - what is the usual percentage of office in a warehouse
5-10% office content
CS: can you name any further institutional characteristics of a warehouse unit
10% roof lights
Level loading door
Eaves height of 8 metres (depending on building)
concrete flooring
40% site coverage
LED lighting in warehouse
CS: you gave comp evidence to get to an ERV - did you treat an under offer estate evidence the same as other evidence ?
I didn’t treat it the same. ABC is also larger than the subject premises so i considered quantum but also kept in mind that the transaction was under offer and hadn’t completed.
CS: What needs to be included in the marketing brochure ?
Property address, photos, floor areas, location commentary, property description
CS: is there any particular legislation you need to abide by when making a marketing brochure ? what does this legislation say ?
Misrepresentation Act 1967
To note create or publish any false or misleading statement which renders other statements misleading, with intent to deceive
CS: what legislation relates to marketing boards ?
Town and Country Planning Controlling of Advertisement 2007
CS: you mentioned a forensic examination of the covenant - what does this mean ?
This means assessing whether they can carry out their covenants in a lease i.e paying rent.
Would carry out a profits test, D&B test, landlord reference
CS: in terms of competence and the profits test - what is the profits test ?
Profits test is where you request the most recent 3 years audited company accounts and if their net profit is 3 x the rent for three consecutive years they pass the affordability test
CS: in your proposal you stated the schedule of condition was requested - what is a schedule of condition ?
Is a document appended to the lease which documents the condition of the property prior to the tenants occupation. Photos of the property would be included.
Who would draft a schedule of condition ?
Building surveyor would draft and then I would check it before its sent to solicitors
CS: Did you advise your client to exclude the letting from security of tenure
I did yes, because none of the leases on the estate were inside the act.
What does security of tenure mean ?
It is the right of a tenant to occupy a property after the lease expires
Inspection: How would inspection differ from agency to valuation ?
Inspection: if you were inspecting a unit with a colleague, and they hurt themselves, what would you do ?
Check you are ok first. If I was okay I would try help the colleague or call for help and then document the accident with the people on site and my company
Inspection: Prior to inspection, what form do you fill out ?
Pre-site risk assessment, when on site then changes to a dynamic risk assessment
Inspection: Can you name 5 types of PPE ?
Hard hat, high vis jacket, steel toe cap boots, ear defenders, protective goggles
Inspection: Can you name an potential hazardous materials on site ?
Asbestos
Inspection: Can you talk about the concept of a safe person ?
Safe person concept was developed to protect individuals in a hazards environment and built on three main pillars of competency, equipment and behavior.
Each individual takes ownership of their own safety with support from their organisation.
H&S: What is the health and safety legislation that rules over the UK ?
Health and Safety Work Act 1974
H&S: What is the RICS regulation regarding Health and Safety
Surveying Safely 2018 (reissued 2023)
Measurement: What does GIA mean ?
Gross Internal Area
Measurement: What is excluded in GIA ?
External open-sided balconies, fire escapes, canopies
On resi - greenhouses, garden stores
Measurement: Would you include a mezzanine in GIA
Yes if it had permanent access
Measurement: Would you include a loading canopy in GIA
No
Measurement: Would you include a fire esacape in GIA ?
If it was internal yes but if it was an external escape route then no.
Measurement: What is the difference between IPMS 3 and NIA for measuring offices
IPMS includes some internal that NIA excludes such as internal walls, columns and partitions.
NIA focuses purely on the useable floor area available for operations.
Measurement: is there any IPMS for Industrial property ?
No
Measurement: Do you know when any IPMS for industrial could be brought in ?
It’s not been mentioned
Measurement: What is the standard office specification ceiling height ?
2.75 metre height
Measurement: What would the eaves be on a 50k sq ft warehouse on a brand new unit ?
8-10 metres
Measurement: what is the difference with clear internal height and apex ?
clear internal height is the height from the underside of the haunch on the eaves and apex is to the highest point of the warehouse.
Measurement: how do you measure the apex ?
Put your disto directly on the floor underneath the highest height in the warehouse where it is clear
Vals: What are the 5 methods of valuation
Comparable
Investment
Profits
Residual
DRC
Vals: can you give an example of when you would use the profits method ?
Its used when the value of the property is closed tied to the success of the business being there - ie. hotels, restaurants and pubs
Vals: you used ITZA when valuing a retail unit - is that a method of measurement ?
No its a method of valuation
Vals: why and how far is each Zone A in measuring ITZA
6.1 metres
Vals: How do you do a term and reversion ? And you can draw this out if you like.
draw it and add in for void period
Vals: When would you do a term and reversion ?
When a property is under rented.
Vals: Why would the yeild be lower for the term than the reversion ?
To reflect the lower risk on the term and then a higher risk for the reversion
Vals: What is a yeild ?
It refers to the rate of return on an investment
Vals: As a valuer why would you need professional indemnity insurance ?
To protect yourself in case there has been a suspected breach of duty of care
Data Management: What is GDPR ?
General Data Protection Regulation
Data Management: Is this applied in the UK ?
It has been adapted after Brexit to apply to the UK
Data Management: When was the UK Data Protection act introduced
January 2021
Data Management: Do you know the 8 rights in UK GDPR
Right to be informed
Right of Access
Right to rectification
Right to erasure (to be forgotten)
Right to restrict processing
Right to data portability
Right to object
Data Management: What are the principles in UK GDPR? (there are 7)
- Lawfulness, Fairness and Transparency
- Purpose Limitation
- Data Minimisation
- Accuracy
- Storage Limitation
- Integrity and Confidentiality (security)
- Accountability
Data Management: How do you secure your data ?
Password protected
Multi-factor authentication
Regular data backups
Data Management: Where do you store your data ?
Data Management: Whats the problem with printed data ?
If it gets lost, fire etc then there is no back ups in place to retrieve the data
L&T: What time limits apply to LR notices ?
to serve no earlier than 6 months prior to lease expiry and no later than 12 months
L&T: What method did you use to Value the retail method in Enfield ?
Comparable method
L&T: What specific retail method did you use to value this ?
ITZA
L&T: Can you explain valuing ITZA ?
ITZA values a retail unit with the frontage of the unit being the most valuable and as you move further back into the unit (6.1 metres) then it devalues
L&T: When would you recomend that a LL serves notice in a protected LR
If the property was under rented
L&T: Can you tell me about any notable sections of the Landlord and Tenant Act 1954 ?
L&T: What kind of tenancy are covered by the landlord and tenant act
Commercial tenancies
L&T: For you Aylesbury example, why did you advice you client not to go to court ?
Because the rental roll for the property was really low it wouldnt have been cost effective to incure any further costs on the property.
L&T: You mention time was not of the essence, how did you know this was the case ?
When would you know time is of the essence?
There were no provisions to say that time was of the essence
L&T: What is the difference between a lease and a licence ?
L&T: What characteristics make a lease a lease ?
A lease has exclusive possession, for a fixed term by both parties with formal rent payments listed
Leasing and Letting: Can you guide me through your example letting in Witham
Leasing and Letting: What is Shell condition ?
Shell condition is where the property was up and built but the inside of the warehouse was not fitted with WC’s and office content, therefore in a shell condition
Leasing and Letting: did the property being in shell condition effect your negotiation ?
It did, we asked for an additional 3 months rent free as the tenant would be spending more money on fit out.
Leasing and Letting: how did you identify the rent free agreed ?
We requested a quote from a handful of surveyors for the cost of a toilet and kitchenette in this instance and it came to the equivalent of 3 months rent free
Leasing and Letting: Are there any alternatives to rent depositis
A gaurantor / references
Leasing and Letting: What is a Garuantor ?
What documents apend to a lease with a gaurantor - AGA
Leasing and Letting: What is required with storing money for a rent deposit ?
Personal to the tenant and attached to the lease as a separate deed
Legally documented in a rent deposit deed
Money held in a separate bank account
Interest retained by the tenant
Agreed terms for the release of the monies
Details of the release mechanism to be stated in the deed
Can include top up mechanisms for rent review uplift
Leasing and Letting: what legislation around storing deposit money
Leasing and Letting: Can you talk about the RICS Code of leasing business premises 2020
The aim of the RICS Code for Leasing Business Premises 2020 is to improve the quality and fairness of negotiations on lease terms and make the legal drafting process more efficient.
Leasing and Letting: What are the appended documents in the RICS Code of leasing business premises 2020
Appendix A - Heads of Terms
Appendix B - Guidance for Landlord & Tenant
Leasing and Letting: can you name 10 items included within a heads of terms document ?
Parties, property, lease term, rent (and frequency, any breaks, inside 54 Act, alienation, repairing obligations, incentive, service charge and insurance premiums
Purchase and Sale: What are the 4 methods of purchase and sale ?
Informal tender
Formal tender
private treaty
auction
Purchase and Sale: Whats the difference between informal and formal tender ?
Purchase and Sale: For informal tender, when you request bids, what is included on a request for bids letter ?
the date, the property, the timing for which to receive bids back by, any further information needed ie, proof of funds, any conditions etc.
Purchase and Sale: When making an offer what do you include in the offer letter ?
The purhcase offer price, any conditions with this, your name and the legal parties you’ll be using, any due diligence
Purchase and Sale: Why is the funding strategy important ?
It depends on the client’s objectives but for example a cash buyer would be quicker as they have the cash available whereas a debt / mortgage requires a process
Purchase and Sale: Are there any RICS documents that guide on purchase and sale ?
Estates Agents Act