Property Management Flashcards

1
Q

Tell me about your responsibilities for occupied buildings.

A

Split into the property management and block management.

Property management covers: advertising rental properties, carrying, out viewings, choosing tenants, check in appointments, rent collection, inspections, ensuring statutory compliance, dispute resolution, managing work orders for repairs and maintenance, sending termination notices, arranging BER inspections, and dealing with both the tenants and landlords.

Block management covers: This included planned works and reactive works. Planned works included service charge collection, planned upgrades, cleaning staff, invoice management, routine inspections, servicing of lifts, fire safety equipment, AOV shafts and preparation for the Annual General Meeting. Reactive works included plumbing issues,
electrical faults, anti-social behaviour and liaising with contractors on gathering quotes, instructing works, inspecting works completed and managing invoice payments.

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2
Q

Tell me about your responsibilities for vacant buildings.

A

Property Manager duties:

1) carrying out regular vacant property inspections, including a health and safety and a fire risk assessment
2) draining and capping or turning off central services, with frost controls applied in the winter months
3) activating and monitoring fire and security alarms, potentially including CCTV
4) arranging security patrols
5) securing and boarding up the building
6) repairing and maintaining the property in good condition on an ongoing basis, including regular servicing of plant and equipment
7) clearing the premises of combustible material and sealing the letterbox to minimise risk of arson.
8) Ensuring the insurance company is notified that the property is vacant and policy should reflect this.

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3
Q

Tell me about your responsibilities for communal areas.

A

As a landlord representative, I am not responsible for the maintenance of the common areas. If I see a defect that needs to be investigated/ repaired, I report it to the management company/ managing agent.

As a block manager, I was responsible for maintaining and managing all commons areas. The OMC also administers and delivers all the estate services such as waste management, lighting, landscaping, cleaning and fire safety programmes.

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4
Q

What is public liability insurance?

A

Public Liability insurance provides indemnity for claims by the public for injury, loss or damage to property, which occurs as a result of your business activities.

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5
Q

How do you ensure that insurance cover is appropriate?

A

Adequate Insurance means insurance covering, at a minimum, losses of 80 percent of replacement value.
Use the Society of Chartered Surveyors Guide to House Rebuilding Costs for Insurance Purposes

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6
Q

What is a common area?

A

All the non-privately owned areas are known as common areas, e.g. the structures, building façades, roofs, hallways, stairwells, car parks together with the various machinery and plant within the buildings including the pedestrian and vehicular gates, lifts, fire safety systems, intercoms etc. are maintained and managed by the OMC. The common areas vary in every development but the lease should outline them.

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7
Q

What are the issues associated with lack of insurance?

A

Financial position after damage/ loss.

Often required with mortgage lender.

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8
Q

Why is insurance important?

A

Insurance is a financial safety net, helping occupiers after something bad happens — such as a fire, theft, lawsuit or car accident. … Suffering a loss without insurance can put you in a difficult financial situation.

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9
Q

Why is effective occupier liaison important?

A

It is important to have a key point of contact for each rental tenancy. By having one clear occupier liaison, information is not duplicated and there is one clear line of communication. Less room for dispute.

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10
Q

Tell me about the role of property managers in relation to energy management.

A

Energy management typically refers to strategies that help reduce the amount of energy used. For property managers, energy management does more than just help the planet. It also reduces costs and attracts tenants.

  • Dedicate time to create an energy programme
  • Identify where improvements can be made
  • Implement POA to make improvements.
  • Motivate residents via awareness.

Examples:
Turn off the lights when there is enough daylight.
Educate your residents on energy use, including other points on this list.
Create an energy team (which could be from residents in your building).
Reward behaviors that are energy-efficient.

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11
Q

What is a BMS?

A

A Building Management System (BMS) monitors, supervises, controls and reports on smart building technology systems. These systems may include access control, video surveillance, fire alarms, HVAC control, programmable lighting and electric power management. It can help to reduce energy and maintenance costs by maintaining building temperatures within a specified range, lighting rooms.

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12
Q

As a property manager, what are your fire safety obligations?

A

Fire safety is an essential element of any Multi-Unit Development. The MUD Act requires that, in the case of new developments, the developer must provide a certificate from a suitably qualified person (as prescribed) confirming that the relevant parts of the common areas as built comply with the fire safety certificate. This new form of certificate is welcome and ought to ensure that the development complies with the fire safety requirement before any purchaser takes up occupation. Thereafter, the OMC is responsible to ensure Fire Safety Management is in place and compliant.

A Fire Safety Register should include the installation/commissioning certificates (which should have been provided by the developer) and thereafter must be maintained and kept up to date by the OMC. A site log book should record servicing and incident history for the building fire safety systems including the fire alarm, emergency lighting, extinguishers and smoke ventilation systems to
comply with fire safety legislation . Furthermore the fire safety signage in the building should be adequate in terms of indicating locations for fire points and exits etc.

The fire safety systems and maintenance arrangements in place must now be confirmed annually to the members /owners as part of the Directorsʼ Annual Report for the OMC.

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13
Q

Are there any specific issues relating to management of a property portfolio in your role?

A

1) Problematic tenants
2) Work order system with general contractor
3) Public preception

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14
Q

What do you think of mixed use developments?

A

Mixed-use developments work well for occupants and tie in with sustainable urban design. Multi-purpose buildings/ areas take up less space on the ground, leaving more for green spaces and communal services

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15
Q

How do you ensure good management of mixed use developments?

A

Avoid Fragmentation where possible - use one management system for resi and comm.
Create systems for reporting issues, contacting managing agent etc.
Log everthing on the CRM and develop procedures for good management.

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16
Q

What are the two tests for corporate insolvency?

A

The balance sheet test

The cash flow test.

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17
Q

What are the consequences of insolvency?

A

For limited companies, the consequences of insolvency will mean that the business will go into liquidation and stop trading or go into administration and be sold (maybe to a new owner). In some cases the outcome may be a company voluntary arrangement.

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18
Q

What is receivership/CVA/liquidation? How do these differ?

A

Receivership - is a court-appointed tool that can assist creditors to recover funds in default and can help troubled companies to avoid bankruptcy. … In a receivership, the court appoints an independent “receiver”—or trustee—who effectively manages all aspects of a troubled company’s business.

CVA (Company Volumtary Arrangement) - A CVA is a legally binding agreement with your company’s creditors to allow a proportion of its debts to be paid back over time. The company can carry on trading as usual. The CVA is monitored by a supervisor who has to be a licensed insolvency practitioner. The arrangement usually lasts for 3-5 years.

Liquidation - This is the process of bringing a business to an end and distributing its assets to claimants.The company is insolvent, meaning it cannot pay its obligations when they are due, and the company must cease operations.

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19
Q

How would you deal with property block management in the case of tenant insolvency?

A

Refer to MUD Act 2011 and look for legal advice.
I would make the OMC aware that service charges levied under the Multi-Unit Developments Act 2011
are excluded debt under the Personal Insolvencies Act 2012. In this regard the OMC must confirm excludable
within 21 days of receipt of a Debt Relief Notice in the Personal Insolvency arrangement of a unit owner
whether to exclude the debt or not.

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20
Q

What are 3 of the key principles of RICS Real Estate Management, 2016?

A

As a basis, you should ensure that you:
• Do not do anything likely to interfere with the peace or comfort of tenants, or withdraw or withhold services reasonably required for the occupation of the premises with the intent of causing the tenants to give up possession.
• Have policies and procedures for responding to incidents of harassment from any parties
• Have effective and fair policies and procedures for dealing responsibly with management matters
• Contactable by phone during business hours/ to meet tenants/ 24hr emergency point of contact.
• Keep building records.

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21
Q

What are the requirements under the RICS REM guidance for rent demands/rent arrears?

A

Rent arrears: Have efficient system in place to minitor incoming rents. Standard rent demand letters are issued. Communicate promptly. Keep client informed.

Rent demands: Submit rent demands in a timely manner, clear and easily undrstandable.

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22
Q

What is PPM?

A

Planned preventative maintenance (PPM): a PPM strategy is essential to ensure that building maintenance and repair tasks are scheduled ahead of time and carried out regularly. This can help to avoid reactive maintenance and the premature deterioration of building fabric and services.

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23
Q

Why is PPM beneficial?

A
Lengthen asset lifespan. Arguably, the most important benefit of preventive maintenance is lengthened lifespan of assets. ...
 Lower risk of breakdowns. ...
 Increase efficiency. ...
 Decrease unplanned downtime. ...
 Promote health and safety. ...
 Boost customer satisfaction. ...
 Save money.
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24
Q

What is the difference between an insured and uninsured risk? Give examples of both.

A

Insured risk = Landlord has insurance against this e.g. building insurance
Uninsured risk = tenant is responsible for fixing the damage. E.g. contents / re: building. Flood risk

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25
Q

How can you protect the security of client’s money?

A
  1. Make time each month to reconcile your financial accounts.
  2. If a client requests money by email, call to confirm.
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26
Q

What requirements do RICS place on firms holding client’s money?

A

Firms must read the Professional Statement on Client Money Handling and take steps to ensure that they comply with the requirements.
The key principle is to ensure that clients’ money (not solely belonging to the firm holding it) is kept safely, securely and can be clearly linked to the client at all times.

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27
Q

What is the RICS Money Protection Scheme?

A

Only in UK. RICS provides protection on client’s money in certain circumstances.

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28
Q

What is an annual return?

A

RICS Regulated Firms and Registered Valuers are required to complete a regulatory annual return to assists RICS Regulation in risk assessing our firms and practising valuers.

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29
Q

What is a regulatory review?

A

RICS Regulatory Reviews are a compliance tool designed to educate and assist RICS professionals and firms in improving their work and complying with RICS standards, including Red Book

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30
Q

What happens if you have surplus money in a client account that is not claimed after 6 years?

A

Hold surplus money for at least six years. If, after six years, the client/ owner of the money has not been found and no true claimants to the money have come forward, in accordance with RICS guidance, it will be donated to a registered charity.

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31
Q

What is a key issue relating to holding client’s money?

A

Reconciliations between client account and current account. The reconciled cash book balance may not be reconciled to the total of the client ledger balances. Result? a firm may not have an accurate accounting record or be able to identify discrepancies timeously.

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32
Q

What is a reconciliation?

A

The process of reconciliation ensures the accuracy and validity of financial information. Also, a proper reconciliation process ensures that unauthorized changes have not occurred to transactions during processing.

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33
Q

What controls should be in place relating to holding client’s money?

A

As per RICS Client Money Handling 2019, RICS-regulated firms must:

1) keep records and accounts that show all dealings with the client money
2) demonstrate that all client money held by the firm is held in a client money account
3) have appropriate systems/ procedures to ensure payments in/ out of a client account are in line with client instruction.
4) complete regular client bank account reconciliations and reviewed by or senior staff member of the RICS firm.
5) Written procedures for handling client money on the firm’s website, sent to RICS, and to anyone who may require a copy free of charge.
6) ensure that overdrawn balances are prevented by the firm’s systems and controls, and if these do occur investigate and rectify them immediately.
7) control and protect accounting systems and client data and adequately protect computer systems for access, firewalls, back-ups and disaster recovery.
8) RICS firm must have exclusive control over the bank account.

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34
Q

What should contractors have when working on site?

A

Workers compensation insurance

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35
Q

Tell me about inventory preparation in your role.

A

To avoid issues at the end of the tenancy, I prepared an inventory and schedule of condition of all items in the property.
The inventory included photos of all items in the unit, showing their condition at the commencement of the lease.
condition and cleanliness of the property. I took the photos at the check in appt in front of the tenant, and sent full photograph list by email the following day. Sometimes the tenants would revert to add that a certain item was damaged and it should be noted. In that case, I updated the inventory list and resent.

It is difficult for a landlord to prove any claim against the tenant’s deposit without a reliable inventory and
schedule of condition taken at the start and end of the tenancy.

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36
Q

Tell me about residential tenure and the different forms it takes. How do these forms differ?

A
Owner occupier
 Tenancy
 Commonhold
 Public Housing
 Squatting
 Land trust
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37
Q

What us freehold v leasehold title?

A

Freehold (own all of the land outright) and Leasehold (own the building but not the landlord, for a fixed period of time).

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38
Q

Does the tenant need to be given the landlord’s name and address for serving notices?

A

No. It must be signed by the landlord or the authorised agent. Contact details.

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39
Q

Who holds the deposit and how is interest dealt with?

A

Generally, the landlord holds the deposit and it is agreed with the client at the point of instruction whether the landlord can keep the accrued interest.

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40
Q

What details do you provide to tenants about day-to-day property management?

A

Keys, fobs, bin room, meter readings, parking, heating and water, house rules, contact details for block manager and agent.

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41
Q

What legislation do you have to comply with which is specific to residential property?

A
  • Property Services (Regulation) Act 2011.
  • Residential Tenancies Act 2004 As Amended 2010,2019,2021.
  • Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
  • Multi Unit Development Act 2011
  • The Housing (Standards for Rented Houses) Regulations 2019.
  • Equality Act 2010
  • Safety, Health & Welfare at Work Act 2005
  • Arbitration Act 2010
  • Equal Status Act 2000 - 2018
  • Employment Equality Acts 1998–2015.
  • Companies Act 2014
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42
Q

What must be included on rent demands?

A

Specify the date of the notice itself
Be signed by the landlord (or an authorised agent)
Specify the date of termination of the tenancy
Name of tenant
Name of rental property address
RTB registration number
Current rent
Rent arrears amount
Notice that failure to pay within 28 days will result in termination as per RTA 2004.
State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within 28 days from the receipt of the notice.

  • The RTB provides sample notices of termination, giving the details required in each situation.
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43
Q

When is rent deemed lawfully due from a tenant?

A

On the date specified in the tenancy agreement. If it is a weekend, rent is due the next working day.

44
Q

What damages/ redress can the RTB grant?

A

Redress that may be granted by the RTB can involve the payment of: up to €20,000 of damages to a party to a dispute;
up to €20,000 or double the annual rent concerned (whichever is higher), where a payment is related to rent arrears.

45
Q

What information do you have to provide to contractors? How is it enforced?

A

Identify the job
Set expectations of what you are looking for.
Assess H&S

You and the contractor need to communicate with each other throughout the process. Contractor needs information on:
■ health and safety risks they may face;
■ measures in place to deal with those risks;
■ your emergency procedures.
The information you provide should be in a form that is easy to understand.

46
Q

Property Management - What fire safety and testing measures do you have to carry out? What guidance do you need to consider?

A

1) The RICS have published ‘A clear, impartial guide to fire safety’.

2) The Fire Services Acts 1981 & 2003 places a legal obligation on landlords to:
Take all reasonable measures to guard against the outbreak of fire on such premises
Provide reasonable fire safety measures for such premises and prepare and provide appropriate fire safety procedures for ensuring the safety of persons on such premises
Ensure that the fire safety measures and procedures are applied at all times, and
Ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire whether such outbreak has occurred or not.

3) The Housing (Standards for Rented Housing) Regulations 2017:
In multi-unit buildings, there must be a fire detection and alarm system, an emergency evacuation plan and emergency lighting in common areas. Fire safety equipment must be maintained.
In houses there must be access to a fire blanket and fire detection and alarm system.

47
Q

Block Management - What fire safety and testing measures do you have to carry out? What guidance do you need to consider?

A

MUD Act 2011.
Fire safety is an essential element of any Multi-Unit Development.

The MUD Act 2011 requires that, in the case of new developments, the developer must provide a certificate from a suitably qualified person confirming that the relevant parts of the common areas as built comply with the fire safety certificate.

Thereafter, the OMC is responsible to ensure Fire Safety Management is in place and compliant.

A Fire Safety Register should include the installation/commissioning certificates- must be kept up to date by OMC.A site log book should record servicing and incident history for the building fire safety systems including the fire alarm, emergency lighting, extinguishers and smoke ventilation systems to comply with fire safety legislation .

Fire safety signage in the building should be adequate in terms of indicating locations for fire points and exits etc.

The fire safety systems and maintenance arrangements in place must now be confirmed annually to the members /owners as part of the Directorsʼ Annual Report for the OMC. SCSI prepare a Fire Safety for OMC document.

48
Q

Tell me about legislative requirements around smoke detectors/carbon monoxide detectors.

A

As per Housing (Standards for Rented Housing) Regulations 2019,
Each dwelling contains, where necessary, carbon monoxide detectors and alarms, which must be suitably located.

49
Q

Tell me about electrical safety requirements.

A

As per Housing (Standards for Rented Housing) Regulations 2019,

  • Electrical wiring, gas and water pipes are required to be in good repair.
  • All appliances should be in good and safe working order.
  • Appliances including a 4-ring hob, oven, grill, fridge and freezer or fridge/freezer and microwave must be provided.
50
Q

How often must electrical testing be carried out and by whom?

A

It is recommended that periodic inspection and testing is carried out at the following times: for tenanted properties, every 5 years or at each change of occupancy, whichever is sooner. Who does it? Registered Electrical Contractors.

51
Q

What is PAT testing?

A

A PAT (portable appliance tester) test is a routine inspection of some types of electrical appliance to check they are safe to use.

52
Q

How often must gas installations be checked and by whom?

A

Gas boiler must be serviced annually by Registered Gas Installers.

53
Q

What is quiet enjoyment?

A

The covenant of quiet enjoyment states that a tenant has the right to enjoy his or her rental unit without “substantial interference” from the landlord. It ensures that tenants benefit from the full use and enjoyment of their rental unit.

54
Q

What should you do once the property is vacated and tenants are gone?

A

Close down the property - ensure all windows and doors are secure, switch off all appliances, turn of water, electricity and heating. Request change of locks.

55
Q

What happens in the event of a dispute?

A

Tenancy - Go to RTB.

Block managment - The resolution of disagreements through the use of ADR as a cost-effective alternative to court action. If the parties cannot agree a mediator, or an independent expert to determine the dispute, the President of the SCSI should (on request) nominate a suitable person. Where leases do not allow for ADR, parties are reminded that there is nothing to stop them agreeing to use ADR to resolve a dispute.

56
Q

What are the key considerations for managing agents when making decisions?

A
Fundamentally, the following should be considered when taking management decisions to reflect this Code. 
 • statutory requirements 
 • terms of the lease or tenancy agreement 
 • cost effectiveness 
 • transparency 
 • efficiency 
 • reasonableness; and 
 • the quality of service.
57
Q

Explain how service charges function in practice.

A

Service charges are an amount that tenants pay to cover the cost of providing communal or shared services to a building

  • The MUD Act states that every member must pay service charges.
  • The annual service charge budget ( categories of expenditure) approved by the members at AGM. The budget can be amended by at least 60% of the members attending and in order to be disapproved must be voted against by at least 75% of the members attending. If disapproved, the existing charges (prior year) shall remain in place until the adoption of a new service charge.
  • The MUD Act mandates that the service charges levied must not be used to discharge expenses on matters which were the responsibility of the developer, unless such expenditure is approved in writing by 75% of the members.
58
Q

Who is responsible for the unsold unit service charges in a new block of apartments?

A

As per the Act, a developer is deemed to be an owner of a unit, the sale of which has not yet been completed, (i.e. unsold) from when the first sale of a unit is closed. The effect of this is to make the developer responsible for the service charges due in respect of such unsold units. This relieves owners from having to make up a shortfall in funding resulting from unsold units.

59
Q

What must be included in a service charge?

A
The obligatory expenditure breakdown listed below must be presented to members for consideration at an Annual Meeting. 
 Insurance
 General maintenance
 Repairs
 Waste management
 Cleaning
 Gardening & landscaping
 Concierge/security services
 Legal services & accounts preparation
 Other expenditure anticipated in connection with maintenance/repair and management
60
Q

Tell me about the key elements of Residential Real Estate Agency (Blue Book).

A

The Blue Book covers the responsibilities of residential property agents to ensure they are working to the highest ethical and professional standards.

Real Estate Agency Code
Real estate agency and brokerage and real estate management: RICS professional statement
Standards and ethics
Before securing instructions
Acting for the seller or landlord: marketing the property
Acting for the seller: implementing the sale or lease
Acting for the buyer
Acting for the landlord: letting the property
Ending the instruction

61
Q

Is the Residential Real Estate Agency (Blue Book) mandatory or advisory?

A

It is a professional statement so overall mandatory. Parts of the blue book that say must are mandatory, while parts that say should are best practice.

62
Q

What is a vulnerable customer? How should you act differently when a vulnerable customer is involved?

A

A vulnerable customer is someone who, due to their personal circumstances, is especially susceptible to harm - particularly when a firm is not acting with appropriate levels of care.
Practice empathy. …
Set expectations for the call. …
Ask about communication preferences. …
Practice active listening techniques. …
Speak clearly without being patronising. …
Validate the customer’s feelings but don’t react to them.

63
Q

What information/ documentation should you provide to new tenants?

A

All tenancy details i.e. rental payments, tenant and landlord obligations.
Contact details for maintenance requests.
House rules.
How to work the heating, appliances, post box keys/ fobs.
Parking space and location of bin room.
Inventory list.
Gas safety certificate
Deposit receipt letter.
Electricial inspection records.
Evidence that smoke alarms and carbon monoxide alarms work.

64
Q

Does the RICS provide any guidance to inventory takers? What is the basic process and reason for taking an inventory?

A

1) Residential Real Estate Agency (Blue Book) 2017

2) A Guide to Best Practice for Inventory Providers by RICS.

65
Q

What should you do if a tenant has left their belongings in your property?

A

The landlord has the right to remove any possessions of a tenant who has voluntarily moved out and he can put those possessions in storage. The landlord must wait 3 weeks to dispose of the belongings.

66
Q

What do you do if the tenants leave the property in very poor condition?

A

Photograph the property with a date camera before you start the clean up. List all items that are missing. Obtain a quote for the repairs and replacement of the missing items. It can often take a few days to really check the property so make sure that you pick up on all damage. You can download a claim form from the PRTB website, prtb.ie, and I would recommend making a claim against the tenant for the damage. Provide their PPS numbers to the PRTB in the first instance.

If you are still in contact with the tenants, ask them to provide you with a forwarding address which will allow you to transfer the utilities back into your name and the utility company will send any outstanding bills to them at their new address. Take the meter readings and make the transfer by email keeping a record of each transfer.

You should seek compensation from the tenant in the first instance for the damage and missing items at the cost to you to make good and replace. If they refuse this request, you should then proceed with the claim to the RTB.

67
Q

What taxes might be payable on buy-to-let rental profits?

A
You pay tax on rental profits. This is calculated by deducting all tax allowable expenses from your gross rent e.g.: Gross Rents for Tax Year: 12,000 less Expenses: 9,500 so Rental Profit = 2,500. Expenses include:
  – Management fees
 – Utilities, refuse and other service charges
 – RTB registration fees
 – Insurance premiums
 – Advertising expenses
 – Maintenance costs
 – Wear and tear.

The rental profit is added to your other income and you pay your tax on it at your top tax rate. 20% or 40%.

68
Q

Can you allow a client bank account to go overdrawn?

A

No.
RICS Client Money Handling 2019 states:
Firms must ensure that overdrawn balances are prevented by the firm’s systems and controls, and if these do occur investigate and rectify them immediately.

69
Q

Why can you not allow a client account to go overdrawn?

A

The client money cannot be used for business purposes so it can never be overdrawn. Firms must implement controls to ensure that client ledger balances do not become overdrawn.

70
Q

How can you prevent a client bank account becoming overdrawn? When can you collect reserve funds?

A

Ask the client to send reserve funds.
A reserve fund is savings set aside to cover unexpected costs or future financial obligations.
E.g. if you know that the client expenditure for PPM is high, set aside reseve funds to cover these future costs.

71
Q

What rights do leaseholders have in relation to insurance taken out by the landlord?

A

Buildings insurance costs must be reasonable, and leaseholders have the right to challenge the landlord’s insurance arrangements .

Leaseholders also have the right to ask the landlord in writing for a written summary of the current insurance.

Leaseholders have the right to inspect the insurance policy.

72
Q

What are the insurance implications of vacant properties?

A

A key responsibility of property managers relates to insurance of vacant or unoccupied properties. This is because the risk profile of a vacant property differs significantly from that of occupied premises, and insurers typically apply conditions that need to be met for the period of the vacancy. This will also help in a practical sense, mitigating the risk of vandalism, arson and access by squatters.

Policies typically set conditions for the period a property is considered vacant, in terms of length of time and degree of vacancy. The insurer should be notified if a property becomes vacant so it can confirm whether the existing policy will continue to provide cover, a new policy needs to be arranged or additional cover is required.

73
Q

What is an insurance excess?

A

An excess amount means you pay a portion of each claim or of your overall claims, with the balance covered by the insurer.

74
Q

What is an Average in relation to insurance?

A

If your house is insured for 75% of its rebuilding cost insurers will pay 75% of the agreed cost of the damage if average applies.

75
Q

Does a landlord have to provide a tenant with the landlord’s name and address?

A

Either the landlord name and address or else the authorised agent name and address. I always include the Landlords name on the lease agreement.

76
Q

Do leaseholders have a right to carry out a management audit? Who can carry out a management audit?

A

Leaseholders have the right to arrange for a management audit of all the management functions which landlords or
their agents undertake at the block. A qualifed surveyor or accountant that is not connected with the block can carry out the audit.

77
Q

What would you do if a tenant refused access? Can a tenant refuse access?

A

If a tenant refuses access, they are in breach of their tenant obligations. However, during Covid lockdown tenants could refuse access due to the pandemic.

78
Q

When and why do you prepare an inventory?

A

At the beginning of the lease, in order to show the list of items and their condition at the point of tenancy commencement. This is important to avoid and resolve future disputes.

79
Q

Tell me some issues surrounding short-term Air BnB-type lets.

A

Landlords need to be aware that informal arrangements can result in the tenant obtaining security of tenure rights. Any short-term occupancy should be correctly documented by a solicitor to exclude security of tenure. A photographic schedule of condition should be prepared to ensure the property is handed back in no worse condition.

80
Q

Any case law for property mangement in Ireland?

A

February 2020, Mr Patrick Strapp, Strapp Auctioneers & Financial Services (Thurles, Co. Tipperary) was convicted of five breaches of Section 28 of the Property Services (Regulation) Act 2011, following a prosecution by the PSRA for unlicensed trading during 2017 and 2018. €15,000 fine.

November 2019, Tony Breathnach (Cavan Real Estate) license revoked and permanently banned due to missappropriating client money. He must pay €48,000 into the Property Services Regulatory Authority’s compensation fund and €50,000 as a financial penalty for the acts of improper conduct.

August 2021, Michael A O’Leary & Associates Ltd and Sinead O’Leary have had their licences revoked, are prohibited from reapplying and have been directed to pay nearly €200,000. Improper conduct. Moved client money to personal bank account without permission.

October 2021, Mr Richard Power of Wyse Property Management Limited( not Wyse’s fault). Charged €5000 and lost license permanently due to dishonest actions i.e. misappropriation of €60,000 from a client account over a period of twelve months.

81
Q

What is a sinking fund and what is it for?

A

All multi-unit developments must establish a sinking fund within 3 years of being transferred ownership. The sinking fund is used for spending on refurbishment, improvement or maintenance of a non-recurring nature in a multi-unit development. In simple terms this is essentially a rainy day fund. Sinking fund must have a separate bank account. As with service charges, all owners, and developers in the case of unsold units, are obliged to make a min. contribution of €200 annually.

Its function is to ensure adequate funds are available and an extra levy is not required, when expensive refurbishment works arise in a given year. It does this by predicting the future needs of the building, calculating the total monies likely to be required and charging out a small contribution annually. This arrangement avoids dilapidation by ensuring the works are funded and can be done on a timely basis.

82
Q

How much is the sinking fund?

A

The MUD Act states that the sum of the sinking fund is to be €200 per annum or such sum agreed at a general meeting of the owners thus allowing for the varying needs of developments of differing sizes and specifications.

The Sinking Fund monies must be held in a separate bank account to the service charge fund to ensure that the sinking fund it is not spent inappropriately. For existing developments which do not currently have a sinking fund, the Act mandates that one must be established by September 2012.

83
Q

WHAT ARE ‘HOUSE RULES’?

A

OMC’s can make house rules for the effective operation and maintenance of the multi-unit development. These rules must be agreed by a meeting of members.
Under the MUD Act, the OMC has right to alter/ amend/ add to the House Rules once they are consistent, fair, and reasonable and have been circulated to and agreed at a general meeting of the owners. Landlords are obliged to ensure that their tenants adhere to the house rules. Although the Act does not offer any sanctions for a breach of the house rules, it does allow for the recovery of the cost of remedying a breach of the rules.

84
Q

Explain your role as a block manager. What legislation did you comply with?

A

I complied with the MUD Act 2011.

As a block manager, I was responsible for the smooth running of an apartment block of 37 units. This included planned works and reactive works. Planned works included service charge collection, planned upgrades, cleaning staff, invoice management, routine inspections, servicing of lifts, fire safety equipment, AOV shafts and preparation for the Annual General Meeting. Reactive works included plumbing issues, electrical faults, anti-social behaviour and liaising with contractors on gathering quotes, instructing works, inspecting works completed and managing invoice payments.

I also looked after procuring adequate insurance, together with the finance, accounting, corporate and statutory compliance and day to day communications.

85
Q

What guidance did you follow relating to service charges and property management?

A

I complied with ….

1) MUD Act 2011 (legislation for the management of MUD’s in Ireland)
2) Companies Act 2014. This Act covers matters including general meetings, directors’ duties, company record-keeping, annual returns, and financial statements.
3) RICS Real estate management Professional Statement, 3rd edition 2016

86
Q

What are the key principles of the SCSI Code of Practice on Property Management in Multi- Unit Developments?

A

The SCSI Code of Practice on Property Management in Multi- Unit Developments outlines:

 Professional Statements related to property management services. 
 Appointment of Managing Agents
 Management of accounts on behalf of OCM
 Administration of Service Charges
 Sinking funds
 Procurement, maintenance and repairs
 Insurance
 OMC obligations and meetings
 Complaints Handling and ADR
87
Q

Tell me about a contract you have set up with an external service provider.

A

I changed the window cleaning contractor as the current window cleaning company ceased operations due to retirement. I reached out to multiple providers in the north county Dublin area, and received 5/6 quotes. The window cleaners needed a cherry picker forklift so the quotes were quite high. I chose the second cheapest quote as I found that the company offered excellent customer service and they also offered other services that would be required in the block in the future i.e. wall cap cleaning, powerwashing the render with a mild detergent. This contractor provided us with reduced rates on future services required as they were looking to develop a key client relationship. I attended site on the day of window cleaning and I asked occupants for feedback on the window cleanliness. I was very happy with their service and paid the invoice promptly.

88
Q

Tell me about a reactive/proactive management plan you have set up. What legislation/guidance have you complied with in doing so?

A

A proactive management plan included the change from the old bulbs to LED bulbs throughout the block. The Electriciy bill was €18,000 for a block of 37 units and this considered an area that could be improved. Two objectives 1) lower electricity bill 2) move towards sustainability by less energy consumption. I set aside €2,500 in the budget which was allocated towards the replacement of bulbs. As bulbs wore out/ flickering, new A rated LED spotlight bulbs were fitted in hallways. The basement long tube bulbs were more expensive but also swapped out to LED. The electricity bill reduced by €1,100 that year. The project continued into the next year.
Complied with the MUD Act 2011.

89
Q

Tell me about a challenge you have faced and how you overcome it.

A

Bikes robbed from the bike store room.

1) Reported stolen.
2) Looked at cameras.
3) It was two young teenagers that stole the bikes on a Friday night.
4) Reported to An Garda.
5) Updated the tenant regularly on progress.
6) Turned out that the pedestrian gate was not closing properly so the teenagers could push it open.
7) Arranged the pedestrian gate to be fixed and put a sign on the bike store room to advise tenants to fully pull out the door rather than leaving on the latch.
8) Updated the tenant that the Gardai found the bike.

90
Q

Ballincollig – explain how you dealt with the tenant’s request.

A

This property is a two-bedroom end of terrace house, circa 95 sq.m., built in 1985, in a suburban residential development. The tenants requested a lawn mower to maintain the rear garden. While the landlord was not legally obliged to provide a lawn mower as per the statutory minimum requirements set out by the Residential Tenancies Board, it is recommended to provide one to encourage the upkeep of the landscaped garden. The landlord was in favour of this, so I collected three quotes for different lawn mowers. I proceeded to order the lawn mower that balanced the best price and quality and arranged for the delivery of the product to the property. I logged all quotes on the data management system and invoiced the landlord.

91
Q

You were a full time property manager - what did this entail?

A

In my previous employment, I was a full-time property manager and block manager based in Dublin city centre where I was responsible for the management of 140 residential properties across Ireland. I understand the role of the property manager in liaising with the landlord and the tenant to ensure the smooth running of the tenancy. I have experience in advertising rental properties, carrying out viewings, choosing tenants, check in appointments, rent collection, inspections, ensuring statutory compliance, dispute resolution, managing work orders for repairs and maintenance, sending termination notices, arranging BER inspections, and dealing with both the tenants and landlords.

92
Q

What is an AOV shaft?

A

An AOV shaft door is used to regulate levels of smoke ventilation in buildings, comprising an important part of a building’s overall fire strategy. AOV shafts aid evacuation by helping to clear lobbies, stairwells and corridors in the event of a fire through ‘smart’ smoke control, allowing a safe route to the nearest means of escape for building occupants. Serviced once per year.

93
Q

Cobh – how did you manage the property?

A

6 College Court, Cobh, Co. Cork
This property is a 2-bedroom mid terrace house, built in 2003, circa 105 sqm, located in a suburban residential development. I was instructed to manage this property which was occupied and had gone through the receivership process. The tenant had received a NOT before I tookover the management of the unit. I collected rent, set up a payment plan, arranged a BER, inspected the property, communicated between the landlord and tenant.

94
Q

Cobh - What did you set out in the ToE?

A

PSA Letter:
• Parties - OCM & Deloitte (Certain assets of Derek Hayes)
• License - confirmed license holder and number.
• Nature – sole or joint - sole
• Services provided - full property management
• Duration - until notified by the client.
• Termination - 21 days written notice
• Effect of termination - e.g. pay all advertising, agent fees, outstanding maintenance invoices. OCM not impede new agent, transfer all docs.
• AMV - Letting value €180 per week.
• Fee - 7% of monthly rent received. plus VAT 23%.
• Outlays - no advertising outlays. Always agreed in advance.
• Deposit - money straight to client account, bank details. Interest dispersed as per PSA 2011, Client monies 2012.
• AML - declaration. Adhere to Criminal Justice Act 2010.
• Indemnity - e.g. agent has no liability for disrepair in the property.
• PII - Zurich Insurance PLC. Policy no.
• Complaints handling procedure - complaint to Mike or PSRA
• Conflict of interest declaration - no conflicts
• Additional Terms of Business - any extra info. Exact details of what we will do during tenancy and end of tenany.

95
Q

6 College Court - What were first steps in taking on the instruction? What documents did you request upon instruction

A

CIT (Competence, Interest checks, TOE)

I then requested the following information:

  • Contact information for all tenants
  • Type of tenancy
  • Lease
  • Rent book
  • Bank details for rent
  • Maintenance history log
  • Copy of the Deed of Appointment
  • Copy of the letter the Receiver sent to the tenants informing them they had taken over the receivership.
96
Q

What is the role of a receiver?

A

Receivers are court-appointed individuals given the responsibility of a property that serves as collateral for a loan in default. A property receiver has the power to manage the property, collect rent and arrange a sale.

97
Q

6 College Court - How did the missed rental payments affect your property management role? How did you set up a payment plan?

A

The tenant in this property struggled to pay the rent of €180 per week. I communicated with the tenant immediately when I saw that a rental payment had been mised. I issued a late payment notice and verbally notified the tenant.
I set up a payment plan for the tenant to transfer the missed payments over a three-month period. How? I spoke with the tenant about how much rent he would be able to afford, set out a payment plan on excel, asked the tenant to sign it. I requested accounts to notify me each week when the rent had been paid. I requested accounts to send a monthly rental statement to the landlord.

98
Q

6 College court payment plan - What other options did you have?

A

The other options would have been insist that the tenant pays the full monthly rent and to issue a termination notice if the full rent had not been received. I considered this option, but found that setting up a payment plan was a better option for both the landlord and tenant.

99
Q

6 College Court - Why was a termination notice sent?

A

A NOT was issued to the tenants as the property was in receivership and the house was being sold. The property was offered to the tenants, however they were not in a financial position to purchase the house. One of the six grounds for termination includes sale of the property.

100
Q

6 College Court -How did you arrange the BER assessment?

A

I called a local BER assessor and asked for a quote - €130 plus Vat. I would normally collect three quotes for all jobs however I knew that this was a good rate. (Previously quoted €150 for another property). The landlord agreed with this quote. Saved the quote to CRM system. I made access arrangements with the tenants. When completed, saved BER cert and advisory report, invoice to CRM, shared with the landlord. Instructed accounts to pay the invoice.

101
Q

6 College Court - How did you deal with the deposit return?

A

At the check out appointment, I inspected the property to assess the condition. I checked that the property was maintained to a reasonable standard, with only regular wear and tear. I checked the rental account to ensure there were no rent arrears. I ensured the tenant paid all final utility bills. Once all of the above checked out, I requested the name, iban and bic from the tenant. I instructed our accounts team to refund the full deposit of €850 to the tenant by EFT.

102
Q

Tell me what you know about deposit protection.

A

The Residential Tenancies (Amendment) Act 2015 provides for a tenancy deposit protection scheme, where the RTB would manage and hold deposits for tenants and landlords. These provisions are not yet in effect.

103
Q

Tell me about the MUD Act?

A

The Act became law in April 2011.
It applies to all multi-unit developments (housing estates & mixed use developments).
The MUD Act was created to address the absence of legislation around the challenges, rights and responsibilities that come with being an owner of a home in an apartment complex or private housing estate.

The Act covers 4 key areas:
1) Conditions and obligations regarding the compulsory transfer of the common areas from the developer
to the OMC.

2) Obligations of the developer upon completion of the development stage.
3) New remedial mechanisms for dealing with disputes.

4) New regulations: Rights and Obligations of the Ownersʼ Management Company (OMC) in relation to
Directorships and voting rights, reporting and information, the calculation, apportionment and recovery of
service charges, the provision of a sinking fund.

104
Q

What are MUD Act requisitions?

A

If the property is part of a managed development, in particular if it is an apartment, your solicitor will need to obtain information from the Managing Agent which are known as replies to the MUD Act Requisitions. Managing Agents usually charge a fee for providing this information which includes up to date accounts, details of the insurance policy, details of the budget and service charge, and house rules. You should get an up-to-date statement for the Management Company fees together with contact details for the managing agent and provide these for your solicitor. This will allow them to request replies to the MUD Act Requisitions quickly once a sale is agreed.

105
Q

What is the Ownersʼ Management Company (OMC) and what does it do?

A

The OMC is an integral part of multi-unit living. It is a legal structure; a company established by the developer, to own and be responsible for the maintenance and management of the development once itʼs completed.

106
Q

WHAT DOCUMENTS SHOULD A DEVELOPER HAND OVER TO AN OMC?

A
  • Confirmation that the development has been completed in compliance with statutory requirements
  • Certification confirming that any financial contributions for planning have been paid
  • Safety file
  • ʻAs builtʼ structural drawings
  • ʻAs builtʼ service drawings
  • Operational & Maintenance Manuals for plant & equipment
  • Warranties & guarantees with the benefit transferred to the OMC
  • Maintenance Contracts relating to the development
  • Test records for drainage, water pipe work and heating pipe work
  • Schedule of plant, equipment and fire protection systems specifying their expected useful life
  • Title documentation for common areas and reversion
  • Stamped & registered counterpart leases
  • Documentation and records relating to the OMC
107
Q

WHEN DOES THE DEVELOPER TRANSFER CARE FOR COMMON AREAS OVER TO THE OMC?

A

The MUD Act requires developers to transfer ownership of the common areas to the Ownersʼ Management Company (OMC) before any sales occur.