L&L Flashcards

1
Q

What are the factors that affect rental values and lease terms?

A

Location, specification, fit out, ceiling height, lease profile, market dynamics

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2
Q

What does the RICS Professional Statement: Code for Leasing Business Premises 2020 set out?

A

Mandatory professional statement. Objectives are to improve quality and fairness of negotiations on lease terms and promote new set of comprehensive HOTs to make drafting leases more efficient

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3
Q

What are trends in leasing market now?

A

Flight to quality, Cat A+, shorter leases

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4
Q

How can LLs make space more appealing?

A

Fit out, breakout space, maximising outside space

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5
Q

What is difference between sublease and assignment?

A

sublease is a third party taking an underlease and establishing a relationship with the sublessor, and an assignment is transferring all rights under the lease to a third party

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6
Q

What did you include on marketing particulars?

A

EPC, terms of lease, pictures, SC, business rates, fit out specification

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7
Q

What is included in l&l heads of terms?

A

ID / extent of the premises, special rights to be granted such as parking/data access, lenth of term, inside/outside Act, renewal options and break rights, requirements for guarantor and rent deposit, rent, frequency of payment and where inc/excl. of rates, LL charges VAT on rent or now, rent free period, service charge liability, reights to assign/sublet, repairing obligations

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8
Q

What was included in your interest schedule?

A

name of party, space interested in, requirement, agent representative, comments, dates

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9
Q

What’s included in a Request for Proposal?

A

Superior landlord, lessor (if applicable), lessee details, Demise, high level lease terms, rent and other outgoings, tenant incentives, fees, conditionality, reinstatement provisions, alienation provisions, alteration provisions

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10
Q

Why did you do cashflows?

A

I was intending to compare two differing lease scenarios to understand whether the new option was more financially viable thean their current option. I then negotiated heads of terms once it was evalauted that the move was financially viable. (LondonMetric)

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11
Q

Necessary due diligence?

A

AML checks, COI checks on client

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12
Q

What AML procedures would you follow if you were dealing with a Special Interest Person?

A

enhanced DD, further scrutiny on accounts, can try get references for the client, try and do business face to face, monitor closely, greater understanding of source of funds and transaction history, check sanctions list

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13
Q

How did you know the LL’s preferences (St. James’s acquisition)

A

We had acquired a floor in the building previously for a client so I had understanding as to what the LL wanted

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14
Q

What is the vacancy rate in St James’s

A

4%

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15
Q

Why did the client want to be flexible?

A

Just moved from Hong Kong, first office. Brought them to a fitted out floor

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16
Q

What rent free did you achieve?

A

6 months initial 4 months post break. initially negotiated 9 months and 6 post break

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17
Q

Why did you consult building consultancy team?

A

As there was costing needed for changes within the premises.

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18
Q

Where else could you find info on this?

A

BCIS - Build Cost Information Service

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19
Q

Why are tenants desiring flexibility ?

A

Post covid, WFH, agile working, people not coming back to the office. This company was also in rapid growth period

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20
Q

What is CAT A+?

A

When the client either tailors fit out to tenant or fits out prior to letting, in order to minimise void and maximise headline rent.

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21
Q

Why did you submit 3 years of audited accounts?

A

Showing 3 years audited accounts. If net profit was more than three times the amount of the annual rent then no deposit is required.

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22
Q

What is a joint schedule of condition?

A

Where joint agents carry out a schedule of condition alongside one another

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23
Q

Does this tend to favour the LL or the tenant?

A

It tends to favour the tenant. Tenant’s agent requested this and I advised to negotiate fixed dilapidations on top of this.W

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24
Q

Why fixed dilaps?

A

To protect my client at lease expiry and ensure they would receive enough capital to refurbish the floors back to re-letting standard.

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25
Q

Whatare the three types of agency?

A

Sole agency
Joint agency
multiple agency

26
Q

What is a professional statement relating to leasing?

A

RICS UK Commercial Estate Agency Professional Statement, 2016
RICS Global Real Estate Agency and Brokerage Professional Statement, 2016
RICS Professional Statement: Code of Leasing Business Premises, 2020

27
Q

What does the professional statement set out?

A

Honesty, fairness, transparency
Work with skill, care and diligence
Ensure clients provided with ToB that are clear and fair - details of CHP
Avoid COIs and when they do arise deal openly and fairly
No discrimination
Honest and truthful marketing
Client money held separately and covered by insurance
PII

28
Q

What actions does Estate Agents Act, 1979 include?

A

Application
Disposal or acquisition
Freehold property
Leasehold with a capital value
Land as well as buildings

29
Q

What are the key principles of the Estate Agents Act, 1979?

A

1 Clarity as to terms of agency (Section 18)
2 Honesty/Accuracy
3 Agreement and liability for costs
4 Openess regarding personal interests
5 Absence of discrimination
6 Legal obligation to tell client about offers received
7 keep clients’ money separate

30
Q

What are the most important points of the Estate Agents Act, 1979?

A

-Section 18 - Terms of Engagement
-Section 21 - CoI
-Specify all costs/fees in advance
Itemise all payments
-Specify nature of agency and selling rights to be agreed (sole or joint)
advise clients of other services available (eg. financial advice)
-Disclosure of personal interest
-Clarify Misrepresentation of interest
-Handling clients money - follow rics rules
-Procedure to follow when offers are received promptly and in writing

31
Q

What is the Misrepresentation Act?

A

Relates to misrepresentation or false statement of fact made by party during pre-contractual enquiries, which has the effect of inducing party to purchase. Vendor or agent sued for damages. Agent has DoC o verify advice

32
Q

What is leading case in Misrepresentation Act?

A

Hedley Byrne & Co v Heller & Partners (1964). Created 3 tests to decide agent’s liability for negligent statements - Foreseeability, Proximity (relationship characterised in law as being sufficiently proximate), Fairness (regarded as fair, just and reasonable for such a duty of care to arise)

33
Q

What is CPR? What do they sit under?

A

Consumer Protection Regulations, sit under the Unfair Trading Regulations (2008)

34
Q

What does CPR relate to?

A

Business to Consumer.

35
Q

Can you explain the main features of CPR?

A

Offer broader, non specific consumer protection for estate agents. Principle-based regulations relating to potential buyers and vendors . Regulations apply to lettings as well as sales and online agency.

36
Q

What is unfair practice?

A

Giving false or misleading info, hiding or failing to prove

37
Q

What is max fine for breach of CPRs and BPRs?

A

Unlimited fine and/or prohibition order

38
Q

What are BPRs?

A

Business Protection from the Misleading Marketing Regulations (2008)

39
Q

What do BPRs do?

A

Relate to business to business activities and mirror CPRs. Prohibit misleading business to business advertising.

40
Q

What are key differences between Misrep Act and CPRs?

A

Misrepresentation Act enforces a reactive process to false statement or misrepresentation.

Whereas, CPRs refer to a duty of care from agents to clients and relates to communication during the marketing process.

41
Q

What is Caveat Emptor?

A

Starting point when discussing who has responsiblity for disclosure of information. Means buyer should satisfy itself on all matters relating to property

42
Q

What are main principles of Consumer Rights Act, 2015?

A
  • Consolidates law relating to unfair terms and contracts between businesses and consumers
  • Letting agents must display summary of charges both in office and on website for letting and managing property
  • Info must be provided based on calculations of charges
  • Policed by Local Authority and penalty is fine up to £5,000 for each breach
43
Q

When does Misrepresentation Act apply?

A

Mis-statements/false/fraudulent statements. Freehold and leasehold transactions, during pre-contractual enquiries by the vendor or agent.

44
Q

What is offence of Misrep Act? What are penalties?

A

Civil offence, action can be limited by an effective disclaimer clause.
Penalties - sued for financial damages and or contract rescinded

45
Q

What is offence of Estate Agents Act? penalties?

A

Acting dishonestly, not providing clarity on terms of engagemnet, not telling client about offers received.
Penalties - warning order or prohibition order and fine

46
Q

What is offence of Consumer Protection Regulations? Penalties/

A

Criminal offence, not treating customers fairly and/or providing misleading marketing information.
Penalties - Unlimited fine, prohibition order, prison up to 2 years

47
Q

What legislation would you have regard to when letting a property?

A

A disclaimer for the Misrepresentation Act 1967 in marketing brochure
Consumer Protection Regulations 2008

48
Q

What is the fine for a breach of Consumer Protection from Unfair Trading Regulations 2008?

A

Unlimited fine, prohibition order, prison.

49
Q

What is the Commercial Estate Agency Professional Statement, 2016?

A

Sets out a set of mandatory standards for RICS members, 12 core principles

50
Q

What are the 7 key principles of the Estate Agent’s Act 1979?

A

Clarity
Honesty and accuracy
Agreement and liability for costs
Openness regarding personal interests
Absence of discrimination
Legal obligations to tell client about offers received
Clients’ money separate

51
Q

What is purpose of Consumer Protection from Unfair Trading Regulations, 2008?

A

Relate to potential buyers and vendors and extend duty owed to clients and all other stakeholders.

prohibit unfair business. Eg. giving false or misleading information / hiding or failing to provide information / omissions and exerting undue pressure on consumers / failing to show professional due diligence

52
Q

What is an AGA?

A

Authorised Guarantee Agreement

An agreement which places an obligation on an outgoing tenant to guarantee the performance by the new tenant or “Assignee” of the tenant covenants contained in the lease.

53
Q

What is the assets test?

A

If a balance sheet can show 5 times net assets of the rent per annum for 3 consecutive years

54
Q

What is the profits test?

A

Where the net profits of the tenant are shown to equal or exceed a multiple (usually 3 times) of the rents reserved by the lease for up to 3 years.

Used to determine an opinion on surety, but would always seek financial advice

55
Q

What happens during the legal process?

A

-CPSEs are brought forward
-Searches carried out
Communication between both sides

56
Q

What does a tenant have to do to assign/sublet lease?

A

-Rent/sc/rates/insurance paid in full

57
Q

What is the difference between a lease and a license?

A

A licence may be for a fixed term or ongoing. Unlike a lease, a licence does not grant the tenant ‘exclusive possession’ of the property. A licence is merely a right to occupy. Leases provide the tenant with more flexibility in terms of their enjoyment of land and any alterations which they may wish to make.

License makes something legal, no interest in land created.
Lease - sealed under deed, fixed term, creating an interest in land. If longer than 7 years must be on land registry

58
Q

What drives value in a lease?

A

term
FRI
review provision
alienation
tenant covenant
rental level

59
Q

What are the two methods to exclude the 1954 Act?

A

Statutory Declaration - most common
Simple Declaration - notice with a cooling off period

Usually handwritten into the lease as happens just before lease signs

60
Q

What are the three sections relevant to leases and when are they used?

A

Section 25 hostile or non hostile notice. No less notice than 6 months and no more than 12 months notice
Section 26 notice served by the tenant if they want to renew their lease
Section 27 - when tenant wants to quit
They are mutually exclusive. if one has been served the other can’t be