Leasing & Letting (L3) Flashcards

1
Q

What are some of the different ways your agency fees can be structured?

A

Fixed rate, % of annual rent, % of costs saved, hourly rate

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2
Q

The RICS UK Commercial Real Estate Agency Professional Statement sets out 12 core principles. Can you tell me 4 of them?

A

• Act in an honest, fair and transparent manner • Carry out work with due care and skill and ensure staff have necessary skills to carry out tasks • Do the utmost to avoid conflicts • Not to discriminate unfairly • All communications with clients are fair, decent, clear, timely and transparent

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3
Q

You have let several offices. Do you include a disclaimer on your particulars? What does the CBRE disclaimer say? What piece of legislation are you aiming to comply with by including a disclaimer?

A

Particulars are set out as a general outline only for guidance and do not constitute any part of an offer or contract.

Details are given without any responsibility and any Parties should not rely on them as fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them.

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4
Q

When undertaking leasing and letting instructions can you tell me 2 pieces of legislation that you are mindful of?

A

Misrepresentation Act 1967 and Consumer Protection from Unfair Trading Regulations 2008

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5
Q

What impact do you think Covid 19 is having on the Glasgow office leasing market?

A

Occupiers considering a ‘flight to quality’ e.g. if they are taking less space to account for WFH, they will take better space.. same outgoings, trying to attract the best staff with the best space

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6
Q

Can you tell me the difference between a lease and a license?

A

Lease is a contract in law, that gives the occupier exclusive occupation. Will have a defined term and rent. Cannot be terminated unless break or expiry.

Licence is the right to enter a property. Licence can be terminated at any point. Cannot be assigned.

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7
Q

You agreed HoTs to renew on an office in Glasgow city centre. Can you tell me what clauses were covered off in your HoTs?

A

Term, rental figure, service charge, break option, rent review, alienation, repairing obligations, concessions,

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8
Q

What marketing strategy did you advise your client to follow on the St Vincent Street property you were marketing?

A

That we separate the marketing campaigns for both floors as they appealed to different markets. For the smaller suites I recommended we use an all inclusive rental and provide furniture, suitable for smaller businesses and more appealing.

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9
Q

Which marketing tool was most effective in your opinion, and why?

A

The CBRE internal email campaign. It allows us to monitor the activity and then we can take a more targeted approach with tenants that have shown an interest.

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10
Q

How did you communicate with your client throughout this instruction?

A

Telephone and email. Also a monthly video call with the wider marketing team too, discussing enquiries and general marketing updates.

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11
Q

The managed suites were let within 6 months. What happened to the larger traditional floor plates?

A

Marketing is on-going and we are seeing an increase in larger requirements now as we businesses ask staff to return to the office more.

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12
Q

When negotiating HoTs on the Glasgow acquisition what was the agreed alienation provision?

A

The client could sub-let or assign their lease in whole only, not in part.

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13
Q

Can you give me an example of a negligent statement?

A

declaring the wrong information to an interested party, or the wrong information in marketing materials.

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14
Q

What are the 3 types of negligent statement?

A

Foreseeable

Proximity

Fair

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15
Q

What are the main headings you would find in a brochure?

A

Description, location, sepecification, size and availability, terms

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16
Q

What are the main headings you would find in HOTs?

A

Landlord, tenant, address, size, rent, lease term, break option, rental incentive, rent review, service charge, tenant obligations, conditions

17
Q

When do you understand a lease to be concluded?

A

Exchange of formal letters (missives) between solicitors.

18
Q

What is a schedule of condition and when would you use one?

A

A photographic schedule that shows the condition of the property / suite at the time occupation. Used to limit a tenant’s repairing obligations - have to return the suite to the same standard as the schedule (dont have to repair anything that was done prior to their occupation).

19
Q

What is the difference between a sublet and assignation?

A
  • Sub-let, a part takes out a lease under the ‘head lease’ from the existing tenant.
  • Head tenant is ultimately responsible for fulfilling the lease obligations to the landlord
  • Assignation, party takes over full liability of the lease, basically removing the original tenant.
  • If the lease states ‘joint and several liability’ then the tenant may still be liable for costs.
20
Q

What taxes do you consider when undertaking agency work?

A
  • LBTT
  • VAT
  • Business Rates
  • Capital Allowances
  • Inheritance Tax
21
Q

What is included within agency ToE?

A
  • Property details
  • Scope of works
  • Agency basis
  • Agency rights
  • Fee, plus timescales for payment
  • Complaints handling procedure
  • Conflict check
  • Money laundering regulations
  • Marketing budget
22
Q

What are the key principles of the Misrepresentations Act 1967?

A
  • Relates to misrepresentations or false statements made during pre-contractual enquiries
  • Can be sued for damages
  • Civil offence, form of negligence
  • Agent must check info is correct
  • Use of a disclaimer on marketing materials can protect agent / vendor
23
Q

What are the key principles of the Consumer Protection Regulations 2008?

A
  • Relates to all potential clients, viewers, buyers - not just the actual client
  • Applies to letting and sales
  • Policed by trading standards (local authority)
  • Penalty - unlimited fine, 2 year prison sentence, compensation to complainant
24
Q

Key differences between MA and CPR?

A
  • Misrep = civil offence
  • CPR = criminal offence
  • Misrep = pre-contractual enquiries
  • CPR = entire agency process
25
Q

Why might you advise a client to sub-let rather than assign?

A
  • prospective tenants covenant is weaker, may be easier to get landlord approval for a sublease
  • if they only want to vacate part of the space
  • if they think they may require the space in future
26
Q

Prime rents in Glasgow?

A
  • Office - £35.25 psf
  • Retail - £200 - £250 (unknown post covid..) pre covid was £320
  • Industrial - £10.00 psf
27
Q

Do you need planning for a lightbox in a listed building?

A

Yes if it is sat at a window

28
Q

Why may confidentiality be required, and when does confidentiality end?

A

May be required if it is a big occupier or if the move could have an impact on the community.

It ends once a lease is registered and is in public record.

29
Q

Scottish Use Classes?

A

1) shops
2) financial, professional and other services
3) food & drink
4) business
5) general industrial
6) storage or distrubution

30
Q

Are HOTs legally binding?

A

No. Even when signed, they are just signed to show they are agreed, not binding.

31
Q

Do you quote any legislation in HOTs?

A

Yes. ‘In accordance with the Requirements of Writing (Scotland) Act 1995, the terms in the document are not to have any contractual effect, nor create any binding obligations or liability’.