L&L subs Flashcards
What does your company’s disclaimer say?
- Date the particulars were prepared.
- Statements are true to the best of your knowledge and provided in good faith and adhered to the Misrepresentation Act
- Statements are guidance only and are not offers to be accepted
What is the difference between the 2007 Code and the 2020 Code for Leasing Premises?
2007 Code - Was not compulsory
2020 - Now has mandatory requirements as it is a Professional Statement
What are typical ceiling and floor voids
Ceiling - 350 mm
Floor - 150 mm
Why did you make an offer on the basis of an assignment? Rather than a sublease?
Acquisition in Holborn
3 reasons:
- That is what the original tenant was offering.
- got an upfront capital payment (sublease usually rent free)
- As an incoming tenant you take over all the rights in that lease including security of tenure.
- Cheaper rent as passing rent!
Did the Landlord approve the tenant initially?
Acquisition in Holborn
The Tenant satisfied the profits test so therefore we advised them to get financial advice.
After confirming they were financially sound the landlord agreed to assign the property to my client.
What is the process of an assignment?
Once a client has agreed they would like to go for an assignment I start negotiating on:
- whether the L will accept the new tenant
- What the reverse premium would be
Outgoing T drafted Heads of Terms and they were signed by both parties and sent to solicitors.
Landlord then signs the deed of assignment during legals and its attached to the original lease.
What was your reverse premium and how was it calculated for your acquisition in Holborn?
It included a Rent Free Period and Dilapidation costs.
Worked out to be the equivalent of 12 months rent (including £15 for dilapidations).
£500,000
Looked at rent free periods in the market - 5 years left on the lease.
What is the difference between a sub-lease and an assignment?
Sub lease: The outgoing T becomes the landlord to the incoming T
Assignment: - Outgoing T loses all liability on the lease
- A direct relationship is formed with L
What was was your marketing recommendations for your disposal in Mayfair?
- Wanted to keep costs low
- Launch requirements on Agents Society.
- Install a letting board
- Space too small for a launch and L wanted to keep costs low
How big was the office?
Disposal Mayfair
500 sq ft
What was your opinion for terms and rent frees in the area for your disposal in Mayfair
Client - wanted a 5 year term.
Achievable but would need a break due to the size and type of potential occupiers.
What is a CAT-A?
It’s Landlord refurbished office space that generally consists of:
Raised floors, suspended ceilings, modern aircon, double glazed windows.
What are the ceiling and floor voids?
350 mm
150 mm
What were your clients requirements in Primrose Hill?
- Remain in Primrose Hill
- Lease of 5 years
- 4 employees but wanted lots of space
- 1,000 sq ft
- Budget £50 psf
You said for your acquisition in Holborn you produced a financial comparison spreadsheet, how did you calculate that?
What were the occupancy costs?
I took into consideration the typical lease costs a tenant would pay.
Including:
- Rent
- Market Rent Free
- Service Charge
- Business Rates
- Fit out works £70 psf (not for the assignment)
- Dilaps £20 psf
Did the outgoing T have to do anything to stay liable for your assignment in Holborn?
As my client satisfied the profit test the outgoing T did not need to enter an AGA.
Authorised Guarantee Agreement
Landlord and Tenant (Covs Act) 1995
What is the Profits Test?
Need 3 years audited accounts
Net Profit must be 3 x the annual Rent for 3 consecutive years
Net Assets must be worth 5 x the annual rent for 5 consec years
How did you consider your Tenants Dilapidation costs for your assignment in Holborn?
We agreed a reverse premium which accounted for dilapidation costs.
Spoke to my in-house building surveyors who stated £20 psf was reasonable.
How much was your service office option for your acquisition in Mayfair?
£1,200 per year per desk
Which broke down to £200 psf (includes Rates, Service Charge, Rent, Maintenance, Cleaning, Management Costs).
For your acquisition in Mayfair, what was their preference? Were they bothered about whether it was going to be Cat A, Fitted?
My clients main objective was FLEXIBILITY and staying in MAYFAIR.
They were not too concerned whether it was fitted out or not but due to the flexibility my client requested fitted out options were the most suitable.
What is a plug and play office?
Space that’s ready for immediate occupation.
Fully cabled
Desk and Chairs
Wifi
Move in tomorrow no hassle of setting up internet.
How much was the plug and play office?
It was less than the serviced office as it does not have all the costs are included in a serviced office such as rates, service charge, management costs etc.
It was £90 psf.
Which one did they go for?
Acquisition in Mayfair
Plug and Play due COVID-19 - May 2020
My client did not want the shared communal areas.
How big was the office in Mayfair
Acquisition
1,000 sq ft
10 employees
How did you abide by the Estate Agents Act 1979 during your disposal in Mayfair?
- Specified all costs and fees in advance and included these in my TofE
- Disclosed that I had no personal interests to the property or to the client.
- Told my client any offers that they received.
What is a RFP: Request for a Proposal?
When would you use them?
Request for a Proposal?
Instead of making an offer on each, you would submit a document asking the Landlord to fill in the Rent, Term etc.
Lets the L know you have asked for RFPs on other offices.
What is a RFP: Request for a Proposal?
When would you use them?
Request for a Proposal?
Instead of making an offer on each, you would submit a document asking the Landlord to fill in the Rent, Term etc.
Lets the L know you have asked for RFPs on other offices.
Usually for larger tenants.
Duty to tell the tenants of all of those offers.
What was the fee for your acquisition in Mayfair?
10% of the Rent
Would you not want to agree a higher rent then if you were doing it on a 10% of rent?
No as you would not want to deter potential clients from hiring you if you agree a higher rent.
If you agree a lower rent it may get you more work which overrides that.
Talk me through your disposal in Mayfair
- Instructed by client
- Competent, Interests, TofE
- Obtained clients objectives
- Inspected and Measured the property - 500 sq ft
- Researched Market for MR and lease terms and RFPs. £40 psf (loft conversion, period office building, no lift, limited natural light.
- Produced a report outlining my recommendations.
- Drafted particulars and launched it on Agents Society and my company’s website
- Erected a letting board as high footfall and could attract unrepresented tenants
- Received an offer in my opinion of MR and commenced negotiations
- Heads of Terms were drafted.
What were your clients main objectives for disposal in Mayfair?
- Achieve a competitive MR
- Limit Refurbishment Costs
- Limit Disposal / Marketing Costs
- Secure a term of 5 years
- Minimise marketing void
Tell me about the description of the office?
Disposal Mayfair
- Loft conversion of a period office building with retail on the ground floor
- 4 upper floors with a separate entrance (no lift)
- Carpeted floors
- Wall mounted aircon
- Perimeter trunking
- Not much natural light
- Low floor to ceiling height
How did you measure the office in Mayfair?
NIA and IPMS 3
But the client wanted me to use NIA as it was what they were familiar with and was common to the market (comparable evidence)
What was included in your in-house particulars?
- Description of property
- Location / map
- Amenities
- EPC
- Rates (£18.50 psf) and Service Charge (£9.10 psf)
- Contact details
- Disclaimer
- Photos
- Floorplan / Area
What is included in service charge?
- Management Fee
- Electricity
- Gas
- Security
- Cleaning for common parts
- Water
- Repair and Maintenance
What are the restrictions on letting boards?
Letting boards have restrictions under the Town & Country Planning Regulations 2007.
However, Westminster had their own restrictions including:
- boards could not be aluminated
- had to be black / white / grey
- no V shaped boards.
Height
Ground - 3m 0.5 m2
3m - 4.6m 1.1 m2
>4.6 m None
How much did it cost to erect a letting board?
And how long do you have to take it down?
£125
Must be removed within 14 days of completion.
What are the usual requirements for letting boards under Town and Country Planning Regs 07?
Planning consent if over:
>2.5 m2 for flat
> 2.3 m2 for V shaped boards
Cannot project more than 1m away from building
None above height of 4.6m
What was your Market Rent for your disposal in Mayfair?
£40 due to poor specification:
- natural light
- loft conversion
- no lift
Did you assess the covenant strength of the disposal in Mayfair?
Yes.
Did not satisfy profits test so told landlord to get financial advice.
Decided on a deposit: 6 months rent + VAT
From your experience, how much are deposits usually?
6-12 months but its up to client and we recommend FINANCIAL ADVICE
What were your recommendations in your report for your Mayfair Disposal?
- MR was £40 for this space (included comps)
- Refurbishment - should repaint walls, replace carpet, keep kitchenette and retain lights.
- Typical lease lengths in market 5 years with RFP of 12 months
- Size this small should expect the T wanting a break at year 3
What did you include in the Heads of Terms for Disposal Mayfair?
- Date of Lease March 2019
- Name of L
- Name of T
- Term 5 year lease
- Break options 18 years
- Rent £40
- Rent Free Period 12 months
- Outside 1954 Act OUTSIDE
- Deposit details 6 months rent + VAT
- Alienation Can assign whole
- Reinstatement Yield up to how it was before
- Timing 4 weeks
- L’s solicitors & agent
- T solicitors & agent
What was included in your Terms of Engagement for your Primrose Hill acquisition?
- Address of client
- Name of client
- Date of instruction - March 2019
- Agency services provided
- Fee
- AML checks
- Commencement date - When letter is signed
- Signature
Terms of Business will include:
- Complaints Handling Procedure
- PII
What were the agency services stated in Terms of Engagement?
- Provide knowledge on current market conditions
- Arrange inspections
- Measuring / checking floor areas are correct
- Negotiate on your behalf
- Provide solicitors with the details they need
What was the Fee?
10% of 1st years rent (Min of £10,000)
Exclusive of VAT
Describe the office in Primrose Hill they moved into?
- CAT A specification
- Gated development
- Raised floors
- Suspended ceilings
- good natural light
- modern - newly refurbished
- Fan Coil air conditioning
- Double glazing
- Good ceiling height
What was the clients budget in Primrose Hill?
£50 psf
What did you agree in Primrose Hill in your Heads of Terms?
- Address
- Name of L&T
- Rent £47
- Term 5 years
- Break year 3
- Rent Free - 5 months (not as much as CL)
- OUTSIDE ACT
- Alienation
- L solicitors and agents
- T solicitors and agents
- Timing
- Access