PM JL Flashcards
1
Q
Level 1 Tell me about your responsibilities for occupied/vacant buildings/communal areas. What is the Occupiers Liability Act 1957/1984?
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2
Q
Level 1 How do these impact upon your role?
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3
Q
Level 1 Tell me about the RICS guidance on Service Charges/Real Estate Management/Commercial Property Management.
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4
Q
Level 1 Are you aware of any additional RICS guidance on Service Charges?
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5
Q
Level 1 Tell me about the relationship between alienation/alterations/repair/payment of rent and service charge on property management.
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6
Q
Level 1 What is the rule of privity of contract?
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7
Q
Level 1 What is the difference between an absolute/qualified/fully qualified covenant? What is the statutory duty placed on landlords under the Landlord & Tenant Act 1927/1988?
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8
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Level 1 What remedies are available to landlords for breach of repairs? What are the remedies for rent default?
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9
Q
Level 1 What are the main rent arrears recovery options for landlords? What are the various forms of corporate insolvency?
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10
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Level 1 Talk me through your understanding of the Corporate Manslaughter and Corporate Homicide Act 2007.
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11
Q
Level 1 What are your duties under the Act?
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12
Q
Level 1 What are the offences and penalties under the Act?
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13
Q
Level 1 How would you hand over a service charge account upon sale or change of manager? What information would be required?
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14
Q
Level 1 What is the process of considering a tenants application to alter
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15
Q
Level 1 Tell me about any RICS guidance you are aware of relating to licences for alterations.
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16
Q
Level 1 Why is important to handle applications properly? What protection does a licence to alter provide? How should an application be submitted?
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17
Q
Level 1 What is a cost undertaking?
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18
Q
Level 1 What information should be provided with the application?
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19
Q
Level 1 What would you look for in the lease if you received an application? What are improvements under the LTA 1927?
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20
Q
Level 1 How does this impact up on the landlords consent?
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21
Q
Level 1 What is an improvement?
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22
Q
Level 1 What does not to be unreasonably withheld mean?
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23
Q
Level 1 What does not to be unreasonably withheld and delayed mean?
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24
Q
Level 1 What happens if superior landlords consent is required?
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25
Level 1 How would you deal with this scenario to avoid delays? What are your duties in relation to timings / reasonableness? Is there any case law relating to these?
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26
Level 1 How would you consider the nature of the works? What is S3 of the LTA 1927?
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27
Level 1 What would happen if you discovered unlicensed works on review or assignment? How would you consider the impact of proposed alterations on building operations? Why would one be requested?
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28
Level 1 What is a warranty?
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29
Level 1 Why would one be requested? What are reinstatement provisions?
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30
Level 1 How do dilapidations relate to alterations?
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31
Level 1 How does the Equality Act 2010 relate to alterations? What H&S considerations relate to alterations?
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32
Level 1 How does MEES relate to alterations and your reasoned advice? What levels of approval decision are there?
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33
Level 1 If consent is refused, what remedies does a tenant have? Can consent be granted retrospectively?
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34
Level 1 How do you document consent?
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35
Level 1 What is a final inspection and why would you carry one out?
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36
Level 1 Following alterations, can you and how would you adjust a service charge? What is TUPE?
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37
Level 1 What is the purpose of TPE?
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38
Level 1 How might TUPE relate to property management? What are the effects of TUPE?
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39
Level 1 What is a duty of care deed?
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40
Level 1 Why is a duty of care deed often required? What is included within a duty of care deed?
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41
Level 1 What would you do if you were asked to sign one?
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42
Level 1 What are 3 of the key principles in RICS Commercial Property Management in England and Wales?
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43
Level 1 What are some of the core duties of a property manager?
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44
Level 1 What are some of the key obligations associated with the collection of monies? What would you do if an occupier defaulted on payments?
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45
Level 1 How would you deal with rental deposit deeds?
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46
Level 1 What is a key principle for good property management?
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47
Level 1 Tell me about the usual insurance requirements for a landlord. How can you pass on the costs of insurance to tenants?
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48
Level 1 What are the issues associated with lack of insurance? How do you ensure that insurance cover is appropriate? What is public liability insurance?
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49
Level 1 Why is it important?
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50
Level 1 Why is effective occupier liaison important?
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51
Level 1 Tell me about the role of property managers in relation to energy management. What is a BMS?
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52
Level 1 As a property manager, what are your H&S / fire safety obligations?
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53
Level 1 Tell me about third party supplier procurement in relation to your property management role.
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54
Level 1 Are there any specific issues relating to management of a property portfolio in your role?
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55
Level 1 How do you ensure good management of mixed use developments? Does the RICS provide any relevant guidance on this?
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56
Level 1 Under the Occupiers Liability Act 1954, what happens if an injury was caused to a visitor due to the faulty work of a third party?
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57
Level 1 How can you satisfy your duty of care to persons other than visitors under the Occupiers Liability Act 1984?
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58
Level 1 Tell me about a key point of the Management of H&S at Work Regulations 1999 / Control of Substances Hazardous to Health Regulations 2002 / Water Supply Regulations 1999 / Electricity at Work Regulations 1989 / Defective Premises Act 1972
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59
Level 1 / Regulatory Reform (Fire Safety) Order 2005 / Gas Safety Regulations 1998 / CDM Regulations.
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60
Level 1 What are the two tests for corporate insolvency? What are the consequences of insolvency?
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61
Level 1 Tell me about an insolvency procedure.
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62
Level 1 What is administration/administrative receivership/CVA/liquidation? How do these differ?
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63
Level 1 How would you deal with property management in the case of tenant insolvency? Can you pursue unpaid sums from an insolvent tenant?
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64
Level 1 What are 3 of the key principles of RICS Real Estate Management? What is CSR?
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65
Level 1 What are the requirements under the RICS REM guidance for rent demands/rent arrears?
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66
Level 1 What is PPM?
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67
Level 1 Why is it beneficial?
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68
Level 1 What is the difference between an insured and uninsured risk? Give examples of both.
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69
Level 1 What advice would you give close to the end of a lease? What types of dilapidations claims are there?
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70
Level 1 What is a S18 valuation? Why would one be used?
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71
Level 1 How do empty rates affect property managers? How can you protect the security of client's money?
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72
Level 1 What requirements do RICS place on firms holding client's money? What is the RICS Money Protection Scheme?
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73
Level 1 What is an annual return?
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74
Level 1 What is a regulatory review?
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75
Level 1 What happens if you have surplus money in a client account that is not claimed after 6 years?
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76
Level 1 What is a key issue relating to holding client's money? What is a reconciliation?
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77
Level 1 What controls should be in place relating to holding client's money? When was RICS Service Charge guidance last updated?
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78
Level 1 What are 3 of the mandatory principles of the RICS Service PS? When was the PS last updated?
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79
Level 1 What status does the PS hold? What is a SC?
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80
Level 1 Where is the SC arrangement set out? What does a SC usually include/exclude?
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81
Level 1 How does the PS differ to the former SC code? What iteration of the SC guidance is the current PS? When does the new PS apply from?
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82
Level 1 Who pays the SC?
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83
Level 1 What are the aims of the PS?
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84
Level 1 What are some of the core principles of the PS? What is a limitation of the PS?
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85
Level 1 Can it override a lease?
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86
Level 1 Tell me about an element of PS best practice. What do chapters 4 and 4 of the PS relate to? What do the appendices in the PS provide?
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87
Level 1 What is value for money and how can you ensure it? What is transparency? How can you ensure it?
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88
Level 1 What are the timeframes for reporting within the PS? What is a budget?
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89
Level 1 What is a year end statement?
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90
Level 1 What is a management fee and what does the PS say about them? What is your duty of care in relation to SC?
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91
Level 1 What is standardised financial reporting? How should interest be dealt with?
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92
Level 1 How does ADR relate to SC under the PS?
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93
Level 1 Tell me about allocation/apportionments/certification/communication/consultation/financial competence/occupier responsibilities/right to challenge under the PS.
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94
Level 1 What are the options for recovering rent arrears? What is a rent deposit drawdown?
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95
Level 1 What is a payment agreement? What is forfeiture?
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96
Level 1 Where would you find out if you can forfeit a lease or not? How can you effect forfeiture?
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97
Level 1 When can you forfeit a lease? What is a waiver?
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98
Level 1 What amounts to a waiver? What is a S146 notice?
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99
Level 1 What is a remediable breach?
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100
Level 1 What timeframes relate to S146 notices?
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101
Level 1 What is the difference between a continuing and once and for all breach?
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102
Level 1 What does the Leasehold Property (Repairs) Act 1938 say about breaches of covenants to repair?
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103
Level 1 What should you consider prior to forfeiture? What is a Jervis v Harris clause?
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104
Level 1 How can you avoid recognising the continuance of a lease? What is peaceable re-entry?
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105
Level 1 What is a bailiff?
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106
Level 1 What are court proceedings for seeking possession? When could these methods be used?
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107
Level 1 What are the pros/cons of these methods? How can you pursue a former guarantor? Under what legislation can you do this?
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108
Level 1 What notices must be served and what are the relevant timescales? What is CRAR?
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109
Level 1 When did it come into force?
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110
Level 1 What did it replace and how does it differ? What are the requirements of CRAR?
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111
Level 1 When can CRAR not be used?
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112
Level 1 What goods can be seized and by whom? Can the tenant appeal?
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113
Level 1 What are court proceedings and how can they be used to recover debts? What happens if a tenant is insolvent?
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114
Level 1 What is a statutory demand? What is a winding up petition?
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115
Level 1 When can one be used and for what sums?
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116
Level 1 What is the difference between a sinking and a reserve fund? What is a financial bond?
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117
Level 2 Tell me about a contract you have set up with an external service provider. Tell me about a reactive/proactive management plan you have set up.
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118
Level 2 What legislation/guidance have you complied with in doing so?
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119
Level 2 Tell me about a challenge you have faced and how you overcome it. At Bermondsey, explain what the notice you received related to.
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120
Level 2 How did you respond to it? What disrepair was identified? Why was a 3m deadline set?
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121
Level 2 What did the lease say about repair and liability? Why did you instruct the BS?
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122
Level 2 How were the repairs managed? How was the matter resolved?
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123
Level 2 What was the risk around the Jervis v Harris clause being used?
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124
Level 2 At Bromley, explain how you reviewed the lease and break clause? How did you ensure you gave appropriate advice around the break? Did you seek legal advice?
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125
Level 2 What were the break conditions and how could they be complied with? What documents did you request from the occupier?
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126
Level 2 How did you ensure VP was provided?
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127
Level 2 What were you looking for in terms of VP were you qualified and competent to advise on this?
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128
Level 2 What other checks did you undertake?
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129
Level 2 How were any rental payments or dilapidations dealt with? How did you advise on securing the property?
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130
Level 2 Did you involve the insurers?
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131
Level 2 How did you work with the FM team?
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132
Level 2 What other advice did you give to support reletting?
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133
Level 3 How have you advised on the preparation and presentation of reports relating to property management?
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134
Level 3 How have you carried out all relevant statutory requirements or other responsibilities, in the case of larger portfolios of property?
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135
Level 3 How have you provided strategic advice on property management matters and provided recommendations on the options available for the property?
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136
Level 3 How have you dealt with disputes?
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137
Level 3 How have you provided advice as to alternative dispute resolution options in the event
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138
Level 3 of breakdown of negotiations?
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139
Level 3 At Peterborough, explain your advice on the assignment clause. What conditions were you aware of?
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140
Level 3 How did you consider the application to assign? What financial checks did you carry out?
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141
Level 3 How did you advise on mitigating the risk around this?
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142
Level 3 What tests did you carry out?
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143
Level 3 How did you advise on the undertaking on costs?
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144
Level 3 How did you advise on the schedule of dilapidations why was this required? What remedial works were agreed and by whom?
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145
Level 3 How was the matter formalised? Why was it completed as a deed? How was it registered?
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146
Level 3 What is a TR1?
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147
Level 3 Why was an AGA not required?
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148
Level 3 At Penge, explain how you advised on the alterations request. What did the lease say?
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149
Level 3 How did you advise on giving consent? How did you avoid delays?
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150
Level 3 What did you request and review? Why did you request a RAMS?
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151
Level 3 How was the matter formalised?
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152
Level 3 Why did you take photos of the condition?
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153
Level 3 What were the conditions of the licence, e.g. reinstatement or impact at future lease events?
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154
Level 3 How did you inspect for compliance to the plans and specification?
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