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Ethan APC Case Study Mock Questions > Simple questions > Flashcards

Simple questions Flashcards

1
Q

Why was the unit(s) measured under a GIA basis, should you not use NIA or IPMS?

A
  • I measured the unit on this basis in line with other units on the site
  • I also knew that I had potential comparables
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2
Q

Are the business rates payable by your client straight after the property becomes vacant?

A

For industrial buildings such as this one, there is a 6 months rates relief period. This is noted

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3
Q

What was your conclusion of market rent for property? What lease terms would this market rental lease include?

A

I concluded the market rent to be in the region of £16.80-£17.30 based on my comparables.

Lease terms
- 5 year lease
- 6 month rent free
- IRI lease

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4
Q

What were your key achievements?

A
  • Ensuring all arrears were paid
  • Reduced void liability for my client
  • Ensured a good landlord and tenant relationship, especially as there were no prior issues with the tenant
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5
Q

What is a TORT notice? What are the timescales?

A

Legal document alerting the owner of the items that have been left on private land or property
- Time limit for seizing goods from service notice is 12 months
- Goods can only be seized between 6am and 9pm
- Goods seized must be valued and not sold for 7 days

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6
Q

What is an FRI?

A

Full Repairing and Insurance

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7
Q

What is an IRI?

A

Internal Repairing and Insurance

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8
Q

What are the main lease terms for the tenant?

A
  • 5 year lease
  • 6 months rent free
  • No SC cap
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9
Q

What is a B1 user class?

A

Relates to offices, research and development and light industry. This has consolidated into

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10
Q

Have the user classes not changed since these lettings have happened?

A

B1 user class is now incorporated into class E as of the Business and Planning Act 2020

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11
Q

What would is the effect of a tenant being on an FRI lease compared to an IRI?

A

It would likely increase the rent as the tenant

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12
Q

What is a B8 user class?

A

Warehousing and open air storage or as a distribution centre

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13
Q

When did user classes change?

A

Amendments to the user classes were made under the Town and Country Planning Act Regulations 2020

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14
Q

What are the results of the user classes change?

A

Those previously labelled as A1, A2, A3, B1, B2, D1 and D2 brought together under new use class E

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15
Q

What other uses fall under class B?

A

B class - Businesses that serve people either as factories or storage
B2 - Use for carrying on of an industrial process under class E
B8 - Use as storage or distribution centre

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16
Q

Can you explain to me the service charge of the site and the current budget?

A
  • Service charge of the site split into 20 schedules
  • Budget is £5,500,000 (includes office)
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17
Q

What are the other vacant industrial units you mention?

A

These units are of a much larger size, and are also permitted for use under the same user class(es)

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18
Q

What is the situation with the vacant office units at the site?

A
  • Number of vacant office units on site - Ranging sizes
  • Out of London office market is currently struggling, although Croxley Park is an attractive location with the services that are offered
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19
Q

What if the unit was vacant for 9 months?

A
  • Void liability for rates would be 3 months = £16,789.50
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20
Q

What was the rateable value for the unit? and multiplier?

A
  • RV = £134,316
  • Multiplier = standard multiplier of 54.6p for the current year (2024/2025)
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21
Q

What is the service charge for the unit? And what kind of services do you provide to the common areas?

A

Service charge year ran from June 2023 to June 2024
- SC at £3.41 psf for the year

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22
Q

Is the lease inside or outside the act?

A

The lease is outside the act

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23
Q

Were your comparables inside or outside the act?

A

All of my comparable properties were outside the act

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24
Q

What would have been different if they were inside the act?

A

The tenant would have had security of tenure under sections 24-28 of the L and T act 1954

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25
Q

How long does the tenant have to dispute forfeiture and what do they need to do?

A

Have to apply for relief within 6 months of the landlord re-entering the premises

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26
Q

Did you consider dilapidations in the cost of forfeiture?

A

This wasn’t a discussion that was had as it was to be believed that

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27
Q

Did you consider dilapidations in the cost of moving the tenant to another unit on the site?

A

This wasn’t considered as there was no option to move them to a smaller unit on the site.

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28
Q

What is the current situation with the tenant?

A

They have continued paying on the usual payment dates

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29
Q

What would the sq foot of the property be in IPMS?

A

The unit wasn’t measured under this basis. All units industrial units on the site are measured under GIA

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30
Q

What was the rent deposit that your client held?

A

£37,500

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31
Q

Why did you advise against CRAR?

A

Client aim of fostering strong relationships
- Although it could have been used as an action to recover rental arrears
- Service charge sums would still remain outstanding - As you can’t recover SC through CRAR action

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32
Q

What is the process of serving CRAR?

A

Introduced in April 2014 under Tribunals, Court and Enforcement Act 2007
- Minimum unpaid 7 days rent
- 7 days notice to be served
- If no response, enforcement agent can re-attend and take control of goods
- If another 7 days passes, enforcement agent can dispose of goods

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33
Q

What is the process of forfeiture? Are there any deadlines?

A

Least must have a forfeiture clause
- 21 days of no payment whether formally demanded or not - Landlord can then change locks and gain possession

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34
Q

What are the different types of industrial unit on the site? Are they all the same?

A

Mainly B1/B2 or B8 user classes

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35
Q

What is the current standard RV multiplier?

A

54.6p as of April 2024

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36
Q

What was the £X increase in tenants costs made up of?

A
  • Rents signed under new lease
  • Service charge increases
  • Utilities increases - Although utility costs have since reduced and the market has become less volatile
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37
Q

What is IPMS?

A

International Property Measurement Standards

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38
Q

What is GIA?

A

Gross Internal Area
- Area of the building measured to the internal face of the permitted wall at each floor area

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39
Q

What are the differences between GIA / NIA (Why didn’t you measure on NIA?)

A

GIA = Includes total internal floor area within the internal walls of a building (excludes external elements such as balconies and external walls)
NIA = Refers to usable floor area within the internal walls of a property (excludes common areas and structural elements)

GIA includes all internal areas within external walls, NIA excludes non-usable spaces, focusing on functional, usable areas

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40
Q

Does the tenant insure the property directly?

A

Landlord insures the property directly and recharges the tenants. As per IRI, tenants insure their belongings

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41
Q

How did you undertake the profits test?

A

Helps efficiently evaluate financial performance of business
1) Collected last 3 years of audited accounts
2) Assessed if net profit for business 3 times the rent for the 3 years
3) Although profit was high by YE2020, by YE2022 this had reduced significantly and they had been struggling to generate profit. This can also be seen by their dwindling cash reserves and plateauing revenues

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42
Q

What does a balance sheet show you?

A
  • Assets
  • Liabilities
  • Shareholders equity
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43
Q

You determined the market rent by comparison, what makes a property transaction comparable with the property you are valuing?

A
  • Physical condition
  • Location
  • Use
  • Tenure
  • Timescale
44
Q

Your comparable table doesn’t tell me repairing liability?

A

All units are Internal Repairing and Insurance (IRI)

45
Q

Looking at your market demand and market rent, you say to determine market rent you obtained comparable evidence. How would you define market rent?

A

Market rent is the estimated amount for which an interest in the property should be leased on the valuation date between a willing lessor and willing lessee on appropriate lease terms in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion

46
Q

You refer to the landlord and tenants covenants act 1995, what did that replace?

A

Privity of Contract

47
Q

What does section 17 say in terms of timescales of pursuing a guarantor?

A

Have to pursue within 6 months of the debt falling due

48
Q

If you had pursued the guarantor and they had cleared the arrears, what right would it have given the guarantor in respect of this property?

A

Overriding lease

49
Q

In forfeiture can you use the proceeds of the goods to pay back the arrears?

A

No - Distress of rent
- Serve a TORTs notice giving tenant 14 days to recover belongings

50
Q

What did the independent financial expert confirm that you couldn’t?

A

Due to my lack of competency the expert verified and clarified my original results from the property test and analysis of financial figures.

51
Q

Could you give me your measurement in square metres?

A

7.960 / 10/.764 = 739.50 sq m

52
Q

How did you measure the ancillary office space at Unit 5, Woodshots Meadow?

A

It was measured on an GIA basis alongside the rest of the unit in line with RICS Code of Measuring Practice 6th Edition 2015

53
Q

How did you adhere to RICS surveying safely when you attended the site?

A

Although it is a guidance note, I ensured to adhere by RICS surveying safely:
- Carried out RA prior to attendance
- Planned site visit - diarise, charge phone, wore necessary PPE, let colleagues know (as per lone working)
- Took photos of any defects (were none noted)

54
Q

Who measured the other units on the site and when were they measured on GIA?

A

A measured survey was undertaken in 2023 by a competent

55
Q

How would an IRI lease affect the properties value?

A

Decreases the property’s value as the landlord has to take on structural repairing obligations

56
Q

What are the common areas?

A

As leases are IRI, common areas relate mainly to the car parking areas and also areas of the management suite, grass areas, outdoor gym

57
Q

What is the effect of the lease being contracted out of the L and T act 1954

A

LL / T doesn’t have security of tenure
- Lease ends on expiry date

58
Q

You mention my client holds the rent deposit? Would the managing agent not hold it?

A

That is correct, my firms accountants held the deposit in a protected separate account

59
Q

Why did the rent deposit value not increase when the tenants new lease was signed?

A

It was subject to interest increases. A new deposit deed wasn’t signed.

60
Q

What do you include in your chasing email to tenants?

A
  • What the outstanding amount is and what it relates to
  • Timelines for payment
  • Who the payment should be made to (bank details)
61
Q

What is the difference between company accounts and management accounts?

A

Company accounts = provide an overview of the company’s financial actions
Management accounts = look at these financial actions in more detail and are entirely for internal purposes

62
Q

Why would you audit accounts?

A
  • Provides credibility for the financial statements and that gives confidence that the accounts are true and fair
63
Q

Why would the landlord not want a void liability?

A

Already high voids at the park due to office voids
- High costs
- Sols fees of getting a new tenant in - More admin

64
Q

How did you assess the market rental value of the property?

A

Comparable method of valuation - High strength of comparables as they are all at the same property

65
Q

What other debt recovery options were available to you?

A
  • Rent deposit draw down
  • CRAR
  • COULD MENTION - Litigation (court action) this would have been costly
66
Q

Why didn’t you formalise your payment plan?

A
  • This was directly agreed with the client. No need to directly formalise due to strong history with tenant
  • Me and my client believed not necessary to escalate at that stage. Quick and easy
  • Made sure to note that it was without prejudice
  • Costs - Would be sols fees
67
Q

How did you prepare for your inspection of Unit 5, Woodshots Meadow?

A
  • Liaise with the tenant to arrange access
  • Undertook pre inspection risk assessment
  • Understand if any PPE necessary
  • Review tenants lease - TS, service charge
  • Inform colleagues as per lone working policy
68
Q

What key things did you look out for in your inspection?

A

External - Defects, repair, condition and age of building
Internal - Lease compliance, repairs, defect

69
Q

What did you include in your GIA measurement?

A
  • Areas with headroom less than 1.5 metres
  • Areas occupied by internal walls
  • Mezzanines with permanent access
  • Columns/stairwells etc
70
Q

What did you exclude from your measurement?

A
  • Canopies
  • Perimeter wall thickness
  • Open vehicle parking
71
Q

What was the size of the estate?

A

716,888 sq ft

72
Q

What rents did you use for your comparables?

A

Headline rents

73
Q

Why did you recommend a payment plan to your client?

A
  • To aid the tenants cash flow in a time when their performance has taken a downturn.
  • Month by month basis allows them to minimise the impact of their recent losses and focus on their business activity.
  • Tenant was responsive - Allowed income stream for my client and allowed tenant to continue operating.
74
Q

You noted the tenant had sufficient cash to pay off their arrears, why didn’t you decline the offer completely?

A

Due to my landlord aims and objectives and tenants previous occupation
- Tenant had shown a large downturn in performance as cash outflows had risen vastly over the period

75
Q

How did you contract the lease outside of the act?

A

Under section 38(a) of the L and T Act 1954
- LL served notice to tenant advising them of intentions
- T signed a statutory declaration (Under 14 days before lease commencement
- Witnessed by sols

76
Q

You said you requested tenants financial accounts, what did you obtain?

A
  • Financial statements
  • Management accounts
  • Bank statements
  • Last three years audited accounts (Only available up until 30th June 2022)
77
Q

You haven’t mentioned if you undertook a credits test, why not?

A

A credit check was undertaken through D&B
- They issued an A2 lower than average risk rating with credit recommended to £56,000

78
Q

What was the value of the rent deposit when the issue arose?

A

£45,181

79
Q

You mention one of the aims and objectives was to minimise void costs, what sort of void cost would you expect in a unit like this and are there any other initiatives that could be considered to reduce void costs?

A

Void costs expected:
- Service charge
- Utilities (gas/elec/water - standing charges)
- Business rates (after 6 months empty relief)
- Any necessary internal upkeep repairs
- Insurance

80
Q

What is the rateable value of the building? Has it changed so much?

A

Rateable Value of £123,000 from 01/04/2023
- Up until this date it was £65,000

81
Q

How did you gain access to the unit for the inspection?

A
  • Emailed the tenant confirming access would be required for an inspection - Made sure to provide enough notice for access
  • Made sure to receive confirmation
  • Contacted tenant when I arrived and I entered the property
82
Q

Why is it important to maintain positive landlord and tenant relationship?

A
  • Timely payment of arrears
  • Position as a Council means that they are seen as where the tenant may turn to if they need support - Don’t want to turn this relationship bad
  • Council want a good reputation and to attract varying tenants to the property
  • Tenant more likely to keep the property in good condition
83
Q

Did you document the payment plan?

A

No this payment plan was informal - Why?
- This was directly agreed with the client. No need to directly formalise due to strong history with tenant
- Me and my client believed not necessary to escalate at that stage. Quick and easy
- Made sure to note that it was without prejudice

84
Q

How was the tenants rent deposit held?

A

As I am not a competent accountant, I haven’t set one up myself, but you would:
- Setup a separate, interest bearing account
- Check rent deposit deed
- Establish amount to be held (what it says on deed)
- Establish is VAT is to be demanded on top

85
Q

Can you talk me through the comparable valuation you undertook?

A

1) Inspected subject unit and measured in line with GIA
2) Selected comparable evidence (from the property)
3) Assembled comparables
4) Adjust comparables using hierarchy of evidence
5) Analysed comparables to form an opinion of value
6) Reported to my client that the tenant was currently being charged market rent

86
Q

Can you take me through the steps you undertook to measure the unit?

A

1) Review lease - Gathered existing floor plan
2) Confirmed measurement basis what is included/excluded + Undertake risk assessment
2) Calibrated my laser measure
3) Conduct and record measurements
4) Complete measurement report

87
Q

What are the traditional AND modern quarter days?

A

Traditional
- 25th March
- 24th June
- 29th September
- 25th December

Modern
- 1st Jan
- 1st April
- 1st July
- 1st October

88
Q

How did the tenants business recover so quickly from the issues it was experiencing?

A

Through aiding their cash flow and allowing them to focus on their business

89
Q

What was the EPC of the unit?

A

C72

90
Q

Difference between headline and net effective rent

A

Headline = Rent payable after any concessions or inducement has expired
Net effective = rent payable when incentives such as rent free are taken into account

91
Q

What was the tenant’s annual rent

A

£135,800. This is the headline figure after the rent free period etc has been accounted for.

92
Q

What H&S concerns were there with the unit being vacant

A
  • Risk of illegal occupation such as squatting
  • Fire Risk
93
Q

if there had been a guarantor, how would you have pursued this

A

In accordance with the Landlord and Tenants covenants act 1995

S.17 within 6 months of the debt arising

94
Q

What is a S146 Notice

A

Section 146 of the Law and Property Act 1925
- Notice of intent to forfeit the lease for a breach of covenant

95
Q

How are comparables changed if they are outside the act?

A

Would be less weighting to them due to them being less comparable to the subject property

96
Q

How do you know the construction date of the building

A
  • Clients as built drawings
  • Triennial report
  • Online planning register
97
Q

What goods can be seized in CRAR

A
  • Goods owned by the tenant (not let machinery)
  • Tools of trade - up to value of £1,350
  • Goods within demised premises
98
Q

What advice would you give if you were on the tenant’s side

A
  • Reiterate financial position and how it would be a detriment to continue paying rent at the same level with other rising costs
99
Q

Reviewing tenants accounts, what would you have been looking at to determine the covenant strength of the tenant?

A
  • Income statement
  • Balance sheet
  • Profits test
100
Q

Did the tribunals, courts and enforcement act 2007 not come into effect in 2007?

A

Yes, this came into force in 2007. The government introduced reforms to the bailiff industry in 2014, including the introduction of the CRAR process.
- The CRAR process replaced the process. This is called the Taking Control of Goods Regulations 2014

101
Q

Tell me about the tribunals, court and enforcement act 2007

A
  • Unified tribunal system - streamline cases and appeals
  • Judicial oversight - established role of senior president of tribunals
  • Allowed enforcement agents to seize goods through warrant
  • Introduced stricter rules for regulating bailiffs
102
Q

Can you describe the building (Unit 5)?

A

7,960 sq ft GIA
- Multi-let middle of terrace warehouse of steel framed construction
- Aluminium roof sheeting
- Ancillary 2 floor office space - Measured under GIA

103
Q

How did you arrive at the market rent?

A

Using recent lettings from the property
- Table of comparable evidence allowed me to compare different property characteristics

Unit 2 Millfield closest comparable
- Break option, shorter lease but same property conditions. Minimal weight given to property layout

Unit 10, Woodshots Meadow
- Break option at 2 years and 6 months rent free - Less comparable but slightly more expensive rent due to this so is similar and cancels down on a net effective basis
- Was also more than a year ago? So potentially less comparable

104
Q

What is a hierarchy of evidence?

A

Attaching weightings to comparables in the following order:
1) Open market lettings
2) Lease renewals
3) Rent Reviews
4) Independent Expert
5) Arbitration
6) Court Determinations

105
Q

Can you take me through the process of surrendering a lease?

A
106
Q

What are the fees for CRAR?

A
  • £75 + VAT for 7 day letter
    When disposing
  • Arrears under £1.5k = £235
  • Arrears over £1.5k = £235 + 7.5% of arrears less first £1.5k
107
Q

What is the difference between surrender and forfeiture?

A

Surrender = done by operation of the law (i.e. giving keys back) or by deed - Gives a clean title
Forfeiture = allows for tenant to go to court and claim relief

Ethan APC Case Study Mock Questions (1 decks)

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