Property Management Flashcards
What is the key RICS guidance for property management?
- Commercial property management in England &
Wales 2nd Edition guidance note. - Real estate management 3rd edition professional
statement - Service charges in commercial property 1st edition, Professional statement
Name some statutory obligations a property manager needs to be aware of
- Asbestos management
- Business rates
- Contamination
- Equality Act 2010
- EPC & MEES
- Fire Safety
- H&S
- Legionnaires disease
- Occupiers Liability
- PAT test
- Planning
- Waste management
What does the Cost of Lease Act 1958 say?
A party to a lease is under no obligation to pay other party’s costs i.e each part pays own costs.
Unless agreed in writing
Which are the usual English quarter days?
25th March
24th June
29th September
25th December
When invoicing for rent, what should you check for
Timing of payments
Interest on arrears
VAT position
If service charge is reserved as rent
Circumstances where rent should not be accepted
When might you not recommend accepting a rent payment?
To avoid waiving right to forfeit.
Where an outside the Act lease has expired as it may create security of tenure.
What are warning signs for arrears?
Bounced cheques
Tenant ceases trading
Persistent late payment
Arrival of post-dated cheque
Name remedies for rent default
Payment Plan
Court Proceedings
Use rent deposit
Pursue form tenants/guarantors
Statutory demand
CRAR
Forfeiture
What type of notice can be used to pursue a former tenant or guarantor?
Section 17 - Landlord & Tenant covenants Act 1995
What is the timescales for a S17 notice?
6 months
What is the limit of debt for a statutory demand?
£750
When did CRAR come into force?
April 2014
What did CRAR abolish ?
Common Law of Distress (Distraint)
What sum can CRAR not be used for?
Service charges
Insurance
How long does the rent need to have been outstanding for to use CRAR?
7 DAYS!
Can an enforcement agent enter through a window?
No - only an open/unlocked door
Can forfeiture be implied?
No - it must be an express provision in a lease
What is the effect of forfeiture?
A landlord can re-enter and gain possession for breach of lease.
What RICS guidance relates to service charges?
Service charges in commercial property, Professional Statement - 1st Edition (SEP 2018) Effective from 1st April 2019
What is the main change to the new service charge professional statement (1st April 2019)?
Mandatory not best practice.
What should service charges be?
Not for profit, not for loss
can RICS Service Charge professional statement override the terms of a lease?
No - but it can be used to interpret a lease.
What information must be provided to tenants if a service charge is operated
- Service charge budget (inclu explanatory
commentary) annually - Approved set of service charge accounts.
- Service charge apportionment matrix
(all issued annually)
If a dispute exists, what sums can a tenant withhold?
Only service charge sums in dispute.
What is an accrual?
Expenses incurred in a period for which no invoice has been received at the period end
What is a balancing charge?
Difference between an individual tenants apportionment of expenditure and on-account service charges demand for an account period.
(difference in sums on the estimate compared to the actual)
What is an on-account service charge?
An estimated charge raised in advance and anticipation of the final service charge liability, calculated from the service charge budget.
What does PPM stand for?
Planned preventive maintenance
What is PPM
Maintenance performed purposely and regularly to keep the fabric, facilities and plant and equipment of a building in satisfactory operating condition
How often is a PPM usually prepared?
5-10 years, bur reviewed and updated regularly
What is the purpose of a reserve fund?
To meet anticipated future costs of a maintenance and upkeep in order to avoid fluctuations in the amount of a service charge payable each year.
What is the purpose of a sinking fund?
To periodically set aside money for the replacement of a wasting asset.
What does SICC stand for?
Standard Industry Cost Classifications
Why might an occupier decide to sub-let rather than assign a lease?
- Requirement of the lease.
- Relates to part not whole of the demise
- If there is a profit rent.
- If the tenant might want to re-occupy in the future.
What does the Landlord & Tenant Act 1988 impose on a landlord?
To deal with consents diligently and within a reasonable time.
When did the Landlord & Tenant (Covenants) Act 1995 come into force?
1st Of January 1996
What did the L&T (covenants) Act 1995 replace?
Privity of contract
What is the position of an old pre 1 January 1996 lease?
Original tenant remains liable until expiry
What should you request if considering a tenants application to alter?
- Full plans and specifications
- Undertaking of surveyors legal costs
- Finance bond held by the landlord
- Whether planning or building regs consent needed?
- Compliance with legislation e.g Equality Act 2010
- Risk Assessment & Method Statement RAMS
What does a breach of a repairing covenant require?
Both - Disrepair & Obligation to repair