Mandatory Flashcards
What headings are included in a typical heads of terms?
The address Subject to contract Date The parties – landlord and tenant Rent deposit The demise Rent Rent commencement – rent-free Alienation Alterations Dilapidations/reinstatement Timing Conditions Solicitors details
What is an expert whiteness?
Appointed by the two parties (or the president of the RICS) to settle a dispute.
Had an expert knowledge of the subject and can use his own opinion and evidence.
Parties are bound by the decision
Offers speed and specialist knowledge
What can you tell me about surveying safely 2011?
This is an RICS guidance note.
It provides advice on:
– Personal safety – personal/corporate responsibility – Assessing hazards and risks – loan working/travel arrangements/PPE – CDM regulations – company’s emergency arrangements
It is due to become a professional statement
Are you aware of any changes to surveying safely 2011?
It is due to become a professional statement.
RICS surveying safely professional statement, 2017
- means compliance will be mandatory
- reflects changes to CDM/asbestos regulations
Are you aware of any legislation with regards to asbestos?
The control of asbestos regulations, 2012
Who enforces the control of asbestos regulations 2012?
Health and safety executive (HSE)
What is a risk assessment?
It is a legal requirement for organisations who employ more than five staff.
Five steps:
- Identify hazards
- Identify those at risk
- Evaluate risk
- Record findings
- Review regularly
What is a method statement?
A method statement details how it work task/process is to be completed.
Outlines hazards and gives a step-by-step guide on how to do a job safely.
It must detail control measures in place to ensure safety.
What is an arbitrator?
Appointed in a quasi-judicial role to settle a disputed.
They have specialist knowledge of the subject area.
Parties bound by the decision - decision can be overturned by court.
Fast, cost effective and confidential
What is a mediator?
Facilitates discussions between the parties
Conducted without prejudice
No decision making authority
Can not impose a resolution
Can you tell me some alternative disputes resolution processes?
Mediation
Arbitration
Independent expert
Adjudication
What is an adjudicator?
They use their own knowledge and the law to reach a legally binding decision.
What is an ombudsman?
This is an organisation that can investigate a complaint and facilitate a resolution.
Based on redress, not regulation.
Can grant a financial award of up to £25,000.
What are the principals of the data protection act?
Hint: There are 8
- Process info fairly and lawfully for relevant purposes
- Process info for relevant purposes
- Kept securely
- Not kept for longer than necessary
- Accurate and up to date
- Adequate, relevant and not excessive
- Processed in line with data subjects rights
- Not to give info to other countries without same data protection laws
What would you expect to see in a set of public limited company accounts?
Chairman statement
Auditors report
Income statement
Statement of financial position
Governance report
Remuneration report
What is an ombudsman?
This is an organisation that can investigate a complaint and facilitate a resolution.
Based on redress, not regulation.
Can award a financial payment of £25,000.
What is an independent expert?
This is an expert appointed by the two parties (or the President of the RICS through DRS) to investigate a dispute.
They have expert knowledge on the subject matter.
Parties are bound by their decision.
They can use their own opinion/evidence.
What is an arbitrator?
Appointed in a quasi judicial role.
An arbitrator has specialist knowledge of the subject area.
Their decision is binding on the parties.
What does mediation involve?
This is where a neutral mediator facilitate discussions between two parties to try and establish a solution.
The mediator has no decision-making authority and cannot impose a resolution.
Other than court litigation, what alternative dispute resolution procedures are you aware of?
Mediation
Arbitration
Independent expert
Ombudsman
What dispute resolution processes are you aware of?
Negotiation
- Between the parties
Mediation
- Third-party intervention (not binding)
Adjudicative
- Outcome determined by third party
How much you aim to avoid conflict with regards to a contractual obligation?
- Ensure the contract is clear and concise
- Undertake risk analysis to understand where misinterpretation may arise
- Ensure you communicate clearly with all parties to understand their objectives properly
- Negotiate carefully and transparently
- Keep good detailed records
Why might a conflict arise?
Failure to comply with contractual obligations.
Differing interpretations of a contract.
Or
Conflict of interest
What would you expect to see in a set of public limited company accounts?
Chairman statement
Auditors report
Income statement
Statement of financial position
Governance report
Remuneration report
What is included in your company’s accounts?
My company is a private limited company.
The accounts include:
– balance sheet
– profit and loss account
– directors report
– notes about the accounts
(No auditors report required – small company)
What would you expect to see on the liabilities?
Loans
Creditors
Overdraft
What are you expect to see under assets?
Cash
Property
Investments held
Debtors
What is FRS16?
This is a new accounting standard which means that by 2019, companies will have to account for leases in their balance sheet.
What is UK GAAP?
This is the UK’s generally accepted accounting principles.
What does a company’s cash flow show?
This shows the actual receipts and expenditure inclusive of VAT.
What are audited accounts?
These are accounts which have been prepared by a chartered or certified accountant.
What on management accounts?
These are accounts which are normally prepared for internal use and are not audited.
What is an income statement?
This would be a profit and loss account of a business summarising its income and expenditure transactions.
What is a statement of financial position?
This would be the balance sheet for the business showing its assets and liabilities at a given date.
What is a balance sheet?
This is a statement of financial position.
It shows a businesses assets and liabilities at a given date.
Who is the data protection act policed by?
The information Commissioners office (ICO)
What most firms do if they hold data?
They must register with the ICO and pay an annual fee of £35.
What is the freedom of information act 2000?
This gives individuals the right of access to information held by public bodies.
How can you keep data secure?
Using password protection
Firewalls
Encryption
What do you know about the general data protection regulations?
They come into force on 25th May 2018
They will give people stronger rights to be informed about how personal information is used.
They will provide tougher penalties for non compliance.
Right to be forgotten.
The U.K.’s decision to leave the EU will not affect its commencement.
Are you aware of any RICS guidance for sustainability?
Guidance note on sustainability and commercial property valuation, 2013.
Are you aware of any legislation with regards to sustainability?
Climate change act, 2008
What is the climate change act, 2008?
This sets out the Uk Governments commitment to cut the UK is common dioxide emissions by 80% and 1990 levels by 2050.
When is an EPC required?
EPCs are required for all commercial buildings over 50sqm when it is:
- Newly built
- Sold
- Let (including assignments/subleases)
- Newly refurbished
- HVAC systems are altered
Are there any buildings which are exempt from having EPCs?
Listed buildings
Unheated buildings
Religious buildings
Building is being demolished/redeveloped
Temporary buildings
Who is responsible for procuring an EPC for marketing purposes?
The agent
When must and EPC be commissioned by?
Within seven days from commencement of the marketing period.
What details of the EPC must be shown on marketing particulars?
The energy rating
The letter and the number.
What is included in an EPC?
On the front page?
And on the back page?
Front:
The address Registration number The energy rating Benchmarking formation Technical information Floor area Estimation of running costs
Back: Recommendations.
How long is an EPC valid for?
10 years
What are the penalties for not complying with the EPC regulations?
12.5% of the RV
Minimum: £500
Maximum: £5000
What is MEES?
Minimum energy efficiency standards.
What does MEES set out?
In order to let a building after 1st April 2018, the building must have an EPC rating of E or better.
- New leases from 1st April 2018
- Existing leases from 1st April 2023
What are the penalties for non-compliance with MEES?
Penalties of up to £150,000 issued by the local authority.
Will also be made public knowledge.
<3 months - up to £5k or 10% RV (Max £50k)
> 3 months - up to £10k or 20% RV (Max £150k)
When trying to establish covenant strength, what might you look at in a company’s accounts to establish this.
What else?
Net profit
Net assets
Shareholders funds
What is a PEP?
A politically exposed person
Are you aware of any material which governs money laundering?
Money laundering regulations, 2017 which updated the previous 2012 regulations.
Are you aware of any RICS material regarding money laundering?
The RICS guidance note:–
Protecting against money laundering, 2010
What updates are you aware of with regards to money laundering?
This new Money Laundering Regs came into effect from June 2017
Business relationship is now extended to the buyer as well as the seller.
Additional due diligence requirements.
Agents must register with HMRC and appoint an MLRO (Money Laundering Regulation Officer)
Acceptance of cash down to €10,000
Need to seek evidence of clients funds
Now concerned with Domestic PEPs
What are the penalties for non-compliance with money laundering regulations?
Involved in money-laundering
- Up to 14 years in prison and/or unlimited fine
Tipping off/failure to report
- up to 5 years in prison and/or unlimited fine
What is the proceeds of crime act, 2002?
This is with regards to money laundering.
It sets out that it is a criminal offence if the party fails to report a suspicion.
What are the three main areas of the fence and money laundering?
Tipping someone else who is under suspicion
Assisting to obtain hide or invest funds
Failing to report knowledge or suspicion
What are the six principles of the bribery act 2010?
Proportionality
Top level commitment
Risk assessment
Due diligence
Communication
Monitoring and review
What are the main offences for bribery?
Receiving a bribe
Giving a bribe
Bribing a foreign public official
Failing to prevent bribery
What can you tell me about the health and safety at work act 1974?
This sets out the duty of employers to their employees in regard to the health, safety and welfare.
What is the RICS complaints handling procedure?
Three stages
- First contact
- Escalation
- Appeal
What is your companies complaints handling procedure?
- Director responsible
- Compliance officer
- Mediation
- Arbitration
Who polices the proceeds of crime act, 2002?
National crime agency
Are you aware of any guidance notes with regard to money laundering?
Protecting against money laundering, 2010
What is an NDA?
Nondisclosure agreement
Not legally required
Firm is responsible for employees
Typically last for 3 to 5 years
Failure to comply – sued for breach
How do you undertake a risk assessment?
- Identify hazards
- Identify those at risk
- Evaluate risk
- Record findings
- Regularly review
What does the equality act, 2010 set out?
Provides broader protection against discrimination and inequality.
Sets out requirements for reasonable adjustments to properties do gel disabled people.
What would you do if you expected terrorist financing?
I would report this under the Terrorism Act to my MLRO who would report to the National Crime Agency by submitting an SAR.
How can you reduce the risk of money laundering?
Risk assessment
ID checks
Appropriate management
Keep documents safe and secure
Employee training – CPD
When don’t you have to comply with MEES regulations?
There are a number of exceptions including places of worship industrial sites with low energy demand or when there is a tendency for less than six months.
Are there any exemptions from MEES?
Compliance is also not required when the EPC rating cannot be improved when all possible improvements with a payback of less than 7 years have been made.
If improvements will devalue the property by more than 5%.
If it is not possible to make improvements ie if planning cannot be sought.
Exemptions last for 5 years and cannot be transferred.
Exemptions must be registered.
What might be a potential issue of the new MEES regulations
It might lead to depressed rental values and therefore capital values with buildings of F and G rated assets.
Finance for acquisitions of F and G rated assets may become hard as lenders seek to avoid risk.
What is a profit and loss account?
This is an income statement.
Provides a summary of the businesses income and expenditure transactions.
What are the risks of Joint Ventures?
Party conflicts/disagreements
Lack of clarity on objectives
Mismanagement of capital and resources due to misunderstandings
What is included in you company’s H and S policy?
Commitment to H and S
H and S structure
Risk assessment
Control measures
What is RIDDOR
Reporting Injuries Diseases and Dangerous Occurrences Regulations 1995
H and S legislation with regards to reporting and keeping record of injuries.
What is included in your firms business plan?
Marketing
Opportunities
Fee forecasts
Budgets
Cash flows
What would you do if you closed a practice?
Inform the RICS
Inform clients ASAP
Return any client money
Inform insurers - procure Run off cover
Retain files for 6 years
What is run off cover?
PII required when shutting down a practice or retiring.
6 years cover
Minimum £250,000
What are John Hughes’ focus?
Cities, infrastructure and technology!
Focusing on global risk and the opportunities we have as a profession to shape the future environment.
Can you tell me about a time when you have shown excellent client care?
Yes, when I was acting on behalf of an inexperienced client acquiring office space in the City of London, when I received a proposal on the property which they were looking at, I sent the heads of terms through to them and followed it up with a call to arrange a meeting with them, So that I could go through the proposal point by point to ensure they understood. I also arranged for a director to be present, in case I had insufficient experience on any points.
