Level 2 Flashcards
How did you protect your client’s interests regarding the roof leak?
-Arranged building survey to ensure no structural issues and the integrity of the roof
-Arranged for landlord to cover cost of a roof leak test
-Ensured the roof would not be demised to DWP and excluded from repairing liability (internal repairing lease)
-Recommended a schedule of condition was prepared prior to lease commencement to protect client from future dilapidations liability
How did you manage the risk that the landlord could charge for roof repairs via the service charge?
All expenditure that the LL seeks to recover must be in line with the lease terms
Must be a fair and reasonable proportion of the cost to recover (apportioned by floor areas)
Building survey and roof leak test satisfied that roof in good condition
(RICS Service Charge in Commercial Property PS, 2018)
How did you know that planning permission was required to install the ramp?
Because a structural change was required that would alter the external appearance of the building. I crosschecked with the contractor, who confirmed planning permission was needed.
How did you know landlord consent was required for the works?
I checked the alterations clause in the lease, which stated that landlord consent was required for external alternations, not to be unreasonably withheld or delayed
What were the landlord’s options when they received your request to alter the building?
-Approve the works
-Approve the works subject to a license to alter or other conditions
-The LL could attempt to refuse if they had reasonable grounds to do so e.g. concerns about structural integrity, significant breach of covenant, or reduction in value of the property/EPC rating
-The LL could offer to do the works and recharge the tenant through reasonable increase in rent
However under the LL&T Act 1927, a LL cannot unreasonably withhold consent for improvements to the property- DWP could apply via tribunal
Why is it important to provide disabled access to the building?
Under the Equality Act 2010, employers are required to make reasonable adjustments to ensure staff have accessible workplaces.
As a civil servant working in property, it is also an ethical duty to ensure workplaces are accessible.
What were the reinstatement provisions for installing the ramp?
I agreed with the LL as part of the license to alter that the works did not need to be reinstated at the end of the lease because the improvement would increase the value of the property and ability to re-let.
What is included in a license to alter?
Scope of alterations
Plans, drawings and technical information
Any conditions about how the work is to be carried out
Confirmation of how alterations will be dealt with at rent review and reinstatement provisions
What were the signs of damage pertaining to the roof leak?
A few areas of damp stains on the ceiling, peeling paint + musty smell
