Property Management Flashcards
What guides commercial property management?
RICS Guidance note: Commercial Property Management in England Wales. 2nd Edition. Effective Oct 2011
What does Commercial Property Management 2nd Edition Eff October 2011 contain?
3 Key principles - acting as agent of the landlord, managing third party suppliers, duty of care
4 Property Managers core duties - liaising and reporting with landlord, collection of moneyed, client accounts, defaulting occupiers, service charges, deposits, managing the building, management policies, insurance, occupier liaison, energy management, building management systems, health and safety, procurement, management fees
5 Additional responsibilities of the property manager
6 Landlord responsibilities to the property manager
7 Employees and employment law
8 Specialist issues - managing a portfolio, mixed use developments, offshore ownership, duty of care deeds, insolvent landlord and LPA receivers
Appendix
1 - Main English legislation relevant to the management of a commercial property
2 - Property management contract
What to do with service charge funds?
Keep monies in separate service charge account with transparent record of income and expenditure
What is TUPE?
Transfer of Undertakings (Protection of Employment) Regulations 2006
What is the Occupiers Liability Act 1957?
Section 7 - Act imposing duty of care on persons occupying or in control of any premises in relation to visitors
What is Occupiers Liability Act 1984?
Duty on the occupier of a premises to any persons other than visitors
What is the Electricity at Work Regulations 1989?
Regulation imposing duty of employers to carry out PAT testing
Every employer and employee to ensure safety in the workplace regarding electric
What is the Control of Asbestos Regulation 2006?
Obligations on duty holder to assess whether or not asbestos is present in the premises
What is Regulatory Reform (Fire Safety) Order 2005?
Improve responsibly on employers to create a safety working environment
Responsible person
What is Gas safety (Installation and Use) Regulations 1998?
Duty of employer to take reasonable steps to ensure that person undertaking work is approved under HSE
What is the Landlord and Tenant Act 1988?
Duties on the landlord regarding assign, underlet, charge or part with possession
Occupier requires landlord consent not unreasonably withheld
What are the requirements of Energy Performance of Buildings (Certificates and Inspections) Regulations 2007?
Duty to present occupier with EPC
What is the Disability Discrimination Act 1995 and 2005?
Not to discriminate against disabled persons
What are the 4’Ps?
Price
Place
Promotion
People
Detail main landlord and tenant function
Read lease
Handle lettings
Rent review
Lease renewals
Alienation
Subletting
Dilapidations
Appoint landlord and tenant surveyor
Code of Leasing Business Premises 2007
Outline function of agency?
As per leasing and letting
7 chapters of UK Commercial Real Estate Agency 1st edition Oct 2016
1 Scope
2 Standards and ethics
3 Securing Instructions
4 Disposals: marketing the property
5 Implementing the disposal
6 Acquisitions
7 Ending the instruction
Types of maintenance
Reactive = repair of a leak
Proactive = planned regular maintenance
Cost reduction = utility switch
How does a tenant arrange improvements?
Requires consent
Licence to Alter
- specification
- certification
Types of certification required
EPC
Electrical
Gas safety
Health and Safety = fire safety
Why avoid void periods?
Empty business rates - relief for 3 months or extended based on criteria
Vandalism
Disrepair
Insurance
Security
Disposal strategy
What are empty rates
Shop and offices = 3 months relief
Industrial = 6 months relief
Mitigations
= 42 day rule = occupy before reapplying for exemption
= meanwhile use - pop up, short term
= charity shop
Outline a piece of Case Law around rates?
Monk V Newbigin
- property incapable of beneficial occupation on account of building works
- apply RV of £1 removing rate liability
What is the Service Charge in Commercial Property 1st edition 2018?
- landlord recover 100% cost in accordance with the lease
- based on £m2, Rateable value, % rent
- clarity, communication and financial competence
What are the aims and objectives of the Service Charge in Commercial Property 1st edition 2018?
1 Improve standards to promote best practice, uniformity, fairness and transparency in management and administration of service charge
2 Timely issue of budget and year end
3 Reduce disputes and guidance to resolve
4 Guidance to solicitors, clients, managers of service charge in negotiation, drafting, interpretation, operation of lease
What is the service charge benchmark?
OSCAR (Office Service Charge Analysis Report) - JLL benchmark
International Total Occupancy Cost Code
24 Core principles 2018 service charge code
Reconciliation - check vs accounts
What are the 24 core principles laid out in the Service Charge in Commercial Property 1st edition 2018 PS?
Service cost
1 all costs be transparent
2 services be procured
3 owners not make profit
Allocation and apportionments
4 costs to relevant expenditure categories
5 basis and method of apportionment fair and reasonable
Communication and consultation
6 consult occupiers regarding standard and quality
7 communicate to ensure service benefits all
8 demonstrate compliance with professional standard
Duty of care
9 certifying accounts have duty of care to owner/occupiers
10 owner duty to manage
11 clear policies on managing service charge
Financial competence
12 issuing statement in non-partisan spirit
13 statements supported by independent review in line with ICAEW Technical Release
14 use Industry Standard Cost Classification in reports
Occupier Responsibilities
15 prompt payment
16 lease has legal effect
17 proactive in assisting owners in operation
Right to challenge/alternative dispute resolution
18 all new leases require resolution through ADR
19 not agree mediator/independent expert = President of RICS nominate (on request)
Timeliness
20 communication and consultation timely
21 budget with commentary one month before start
Transparency
22 in accounts, notes, policies, day to day management
Value for money
23 effective value for money rather than lowest price
Exclusions
24 not include:
- initial costs
- set up costs (fit out/equipping management office)
- improvement costs above the cost of normal maintenance, repair or replacement. May include enhancement where justified
- future redevelopment costs
- costs and fees relating to owners investment (letting fees)
- costs attributable to void
- cost from negligence
What type of insurance for property management?
Property manager arrange on landlord behalf
Equivalent reinstatement basis
All risks covered
Shop around
How is rent collected?
Requires accurate information
Timing
Usual quarter days
25 March, 24 June, 29 Sept, 25 Dec
What are rent arrears
Behind rent payments
Penalties outlined in lease
Includes interest
Section 17 Landlord and Tenant Act 1997 - request rent from former tenant under AGA within 6 months
Interest usually 2-4% above base rate after 14 days
Chase guarantor or use deposit
Forfeit if continuous
What are commercial rent arrears recovery (CRAR)?
Tenant apply to court for relief from forfeiture
Landlord provide 7 days notice of enforcement
Rent arrears only
Landlord seize only certain goods
Favours tenant
Careful landlord does not waive right to forfeit
What is an easement?
Legal right grants over a building or piece of land
What governs client money?
Rule 8 of the obligations for firms under Rules of Conduct
Client account for service charge and rent payments
What is the Insolvency Act 1986?
Legal framework for dealing with financial problems of individuals, partnership and companies
Administration - called in by the bank
Company Voluntary Agreement - payment from creditors
Receivership
Voluntary liquidation
Bankruptcy
Define Equality Act 2010?
9 protected characteristics
Access for disabled through reasonable adjustments
What is Capital Allowance Act 2001?
Depreciation of qualifying expenditure
How capital allowances are deducted from income taxable under Income Tax Act 2007
Specialist area