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APC > Statement of Experience Questions > Flashcards

Statement of Experience Questions Flashcards

1
Q

How did you undertake conflict of interest checks while at Avison Young?

A
  1. Followed the company’s regulations
  2. Checked their database to see if their were any conflicts of interest
  3. Sent an email to heads of department to confirm
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2
Q

How do you undertake conflict of interest checks at Network Rail?

A

I follow my employers Conflict of Interest policy:

Prior to accepting an instruction:

  1. Check to see if any financial / personal interests
  2. Check to see if any relationships which could influence decisions / interfere with my responsibilities

If I have / think there may be a conflict of interest I:

  1. Disclose the situation with my line manager
  2. Make a declaration on iEthics

My line manager will then either:

  1. Put the necessary measures in place and remove me from the situation
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3
Q

What would you do if you found yourself in a potential conflict of interest situation in private practice?

A
  1. Refer to RICS Professional Standard Conflicts of Interest (2017) and the RICS Ethics decision tree
  2. Obtain the full facts, and consider whether the conflict should be avoided, or whether it can be properly managed.
  3. Disclose the nature of the conflict, relevant info and proposed information barriers to client.
  4. Advise parties to seek independent advice.
  5. Request written confirmation of informed consent from clients.
  6. Set up an information barrier as agreed with clients.
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4
Q

What are some examples of information barriers?

A
  1. Barrier robust enough to offer no chance of information passing between two parties.
  2. Surveyors must be different and physically separated (different floors, different buildings)
  3. Separate support teams
  4. Compliance officer must oversee all actions
  5. Clear audit trail required
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5
Q

What are the three types of conflict of interest?

A
  1. Party
  2. Own-interest
  3. Confidential Information
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6
Q

At Tulse Hill what did you do when offered a bribe?

A
  1. Declined offer
  2. Informed line manager
  3. Logged incident via hospitality register
  4. Reported incident via Speak Out
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7
Q

What are the six principles behind the bribery act 2010?

A
  1. Proportionality
  2. Top-level commitment
  3. Risk assessment
  4. Communication
  5. Due diligence
  6. Monitoring and review
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8
Q

What are the four offences for bribery? Who polices the bribery act? What are the penalties?

A
  1. Bribery
  2. Accepting a bribe
  3. Bribing a foreign official
  4. Failing to prevent bribery

Serious Fraud Office - 10 years / unlimited fine

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9
Q

What RICS guidance is there in relation to Bribery?

A

RICS Professional Statement: Countering Bribery, Corruption, Money Laundering and Terrorist Financing 2019.

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10
Q

Why did you advise the third party to seek independent advice?

A
  1. Engineering knowledge was outside of my technical skill set
  2. Conflict of interest as we needed to access the land for works
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11
Q

Why did you consider the free canapes and drinks to be unethical?

A
  1. My employers policy is to report anything suspected of being over £15 onto iEthics and declare to their line manager
  2. My employer is an arm’s length body of government and I have a professional obligation to be seen as impartial - both in terms of my employer and the RICS
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12
Q

What RICS document covers complaints handling?

A

RICS Guidance Note on Complaints Handling (2016)

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13
Q

What are the RICS requirements for complaints handling?

A
  1. Requirement for firms to have a published CHP that meets Rules of Conduct
  2. ToE should make clear that the firm operates a CHP
  3. CHP details should be issued at the same time as Terms of Business
  4. Complaints log must be maintained
  5. Firms must include an RICS approved ADR mechanism in their CHP
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14
Q

What is an example of an RICS approved ADR mechanism?

A

RICS Dispute Resolution Service

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15
Q

How would you deal with a complaint in an RICS regulated firm?

A
  1. Speak with client and try and determine issue - may be easily rectifiable / a mistake on their end.
  2. If they wish to escalate, inform line manager and share CHP with client.
  3. CHP should contain details of Complaints Handling Officer
  4. Complaint should be acknowledged within 7 days and investigated within 28 days
  5. If not happy with the review, second stage involves use of ADR mechanism stated in CHP
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16
Q

How would you deal with complaints in Network Rail?

A
  1. Speak with client and try and determine issue - may be easily rectifiable / a mistake on their end.
  2. If they wish to escalate, inform line manager and pass on details of general complaints.
  3. If still not happy passed to Rail Ombudsman
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17
Q

What was included within your terms of engagement at Swanley?

A

Followed VPS1 guidelines as per RICS - Valuation Global Standards 2021

  1. Identification / Status of Valuer
  2. Identification of client
  3. Identification of intended users
  4. Asset to be valued
  5. Currency
  6. Purpose of valuation
  7. Basis of valuation
  8. Valuation date
  9. Extent of investigation
  10. Nature / source of information to be relied upon
  11. Assumptions & Special assumptions
  12. Format of the report
  13. Restrictions for use, distribution, publication
  14. Confirmation of Red Book Global compliance
  15. Fee basis
  16. CHP to be made available
  17. Statement that valuation may be subject to RICS compliance
  18. Limitation on liability
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18
Q

How did you provide good client care at Unit 17 Manchester?

A
  1. Met with client to understand objectives and timelines
  2. Regular communication with client
  3. Provided good-quality and diligent work
  4. Ensured I was competent prior to undertaking the instruction
  5. Presented report to client with multiple options and recommendation
  6. Supported report with evidence / photos / plans
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19
Q

Walk me through your meeting at Hampton Court?

A
  1. Provided agenda prior to meeting
  2. Forwarded relevant plans
  3. Colleague took meeting minutes
  4. Followed up meeting with email summary and actions required.
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20
Q

What due diligence did you undertake a Whitepost St?

A
  1. Review property management folder
  2. Reviewed and printed off plans & title plan
  3. Considered the location (active construction site)
  4. Considered access arrangements
  5. Considered hazards and risk of hazards occuring
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21
Q

What Hazards did you consider at Whitepost St?

A
  1. Active construction site - chance of nails on floor / materials falling from above.
  2. Material strewn on floor in arch - chance of tripping.
  3. Asbestos - reviewed Asbestos Management Survey (ARMS)
22
Q

What did you include in your risk assessment at Whitepost St?

A
  1. What hazards were present
  2. Who was at risk of hazards
  3. Risk of injury occuring

then

  1. Recorded the findings on risk assessment
  2. Advised all those affected
  3. Reviewed the risk assessment regularly
23
Q

What PPE did you wear at Whitepost Street?

A
  1. Hardhat
  2. Boots
  3. Fluorescent jacket
24
Q

Why did you need a Controller of Site Safety at Stratford?

A
  1. Site provided unsecured trackside access and we needed someone with the appropriate safety qualifications as per my employers policies.
25
Q

What did you include in your desktop risk assessment at Stratford?

A
  1. Hazards
  2. Those at risk of hazards
  3. The risk of those hazards occuring
  4. Recorded risks on risk assessment
  5. Advised all those affected
  6. Reviewed risk assessment regularly
26
Q

What is a balance sheet? Profit & Loss Account? Cash Flow statement?

A

Balance Sheet
Statement of Financial Position - Assets / Liabilities / Equity

Profit and Loss
Statement of Financial Performance - Revenue / Expenses

Cash Flow Statement:
Statement of financial health / operational performance - tracks inflow and outflow of cash

27
Q

What is Network Rail’s diversity and Inclusion strategy?

A
  1. Inclusive design to make passenger services more accessible
  2. More women and people from minority ethnic backgrounds in leadership positions
  3. Publishing pay gap reports
  4. Training to managers to deliver reasonable adjustments
  5. Improved recruitment of women
28
Q

What is the DfT accessible station guidance?

A

A code of practice for design standards for accessible railway stations

Incorporated in NR’s diversity and inclusion strategy via inclusive design of stations
1. Lifts
2. Footbridges / stairs
3. Ticket offices
4. Waiting rooms / toilets

29
Q

What is NR’s Environmental Sustainability Strategy?

A

30 year plan to deliver a sustainable railway via 4 core priorities

  1. Low emission railway
  2. Reliable railway that is resilient to climate change
  3. Helping plants & wildlife flourish
  4. Recycling and reusing everything
30
Q

How does property play a role in your employers Environmental sustainability strategy?

A
  1. I deal with disposals, often of railway corridors. These are areas of high biodiversity.
  2. Strategy is to baseline biodiversity prior to sale.
  3. Aim is no net loss of biodiversity by 2024 and net gain by 2036 across estate.
31
Q

What are the grounds that a landlord can oppose a lease set under section 30?

A

a. Breach of repairing covenant
b. Persistent delay of paying rent
c. Other substantial breach

d. Suitable alternative accommodation
e. Uneconomic subdivision
f. Demolition / Reconstruction
g. Owner occupation

32
Q

What must a s.25 notice contain?

A
  1. Name and address of Landlord / Tenant
  2. address of property
  3. Notice of date to end the tenancy
  4. Confirmation of whether a new lease is to be granted (friendly) or not (hostile)
  5. Confirmation by which date tenant must apply to court for new tenancy
  6. Either Proposed rent (friendly) or grounds for opposition (hostile)
33
Q

What is the difference between a licence and a lease?

A
  1. A lease provides an estate in the property whereas a licence makes what would otherwise be unlawful, lawful
  2. A lease can be assigned, a licence is personal
  3. A lease cannot be terminated (unless break provision) a licence can be revoked
  4. A lease provides exclusive occupation (Street v Mountford 1975)
34
Q

What are the four requirements of a lease?

A
  1. Exclusive occupation
  2. Defined term
  3. Payment of rent
  4. If longer than 3 years terms must be written and signed as a deed.
35
Q

What are the two types of Declaration to exclude P2 of the L&T Act?

A
  1. Simple Declaration > 14 days
  2. Statutory Declaration < 14 days (must be signed and witnessed by an independent solicitor)
36
Q

What are the four usual assumptions in a rent review?

A
  1. Property is available to be let on open market between a willing landlord and tenant for the term of years as stated.
  2. Property is fit and available for immediate occupation and use
  3. All covenants observed
  4. Available for the use set out in the lease
37
Q

What are the usual three disregards?

A
  1. Effect of goodwill on tenants occupation
  2. Ignore goodwill attached to property
  3. Tenants improvements if landlords consent has been granted
38
Q

Is time usually of the essence?

A

No as per United Scientific Holdings V Burnley Borough Council (1977)

and

Bello v Ideal View (2008)

39
Q

What is the rent review hierarchy of evidence?

A
  1. Open market lettings
  2. Lease renewals
  3. Rent reviews
  4. I.E determinations
  5. Arbitrator awards
  6. Court determination under PACT
  7. Hearsay evidence
  8. Sale and lease back
  9. Surrender and renewal
  10. Inter-company arrangements
40
Q

What would you include within a rent memo?

A
  1. Name of tenant
  2. Name of landlord
  3. Address of property
  4. New rent
  5. Effective date
  6. Date of rent review and lease
  7. Signed and dated by both parties
41
Q

What is a calderbank offer?

A

Negotiation technique that is without prejudice subject to costs - used to protect against high costs of litigation and focus parties to agreement

Set out in matrimonial case Calderbank v Calderbank 1975

42
Q

What are the requirements for redevelopment under s.30?

A
  1. Firm intention
  2. Funding & planning
  3. Substantial work and necessity to gain VP
  4. Ability to redevelop provided VP secured

Case law:
S Frances v The Cavendish Hotel (London) (2018) - Acid test is whether the landlord would carry out the works if the tenant left voluntarily.

43
Q

Nunhead - what measurement technique did you undertake?

A

Referred to RICS Guidance Note - Land measurement for planning and development purposes (2019)

Measured the site area utilising Geo-rinm and a trundle wheel to undertake check measurements.

Also referred to previous measurements undertaken by property management team.

Measurement level 2 mentions GEA!!

44
Q

Walk me through your measurement at Loughborough Junction?

A

Undertook a GIA measurement of the site as per the RICS Code of Measuring Practice (2016)

SUK

  1. Reviewed property management file and printed off a copy of the lease plan.
  2. Checked that laser disto was calibrated and utilised during measurement

Included:
1. Loading bay area
2. Areas under 1.5m in height
3. Common facilities such as toilets
4. Ancillary office which I measured on a GIA basis

Excluded:
Covered ways & fire escapes

45
Q

What is the difference between formal and informal tender?

A
  1. Formal used primarily by public bodies where high level of accountability or high levels of interest.
  2. Significant pack must be prepared prior which can be costly
  3. Can lead direct from Formal Tender to Sale
  4. Vendor can state that they are under no obligation to accept higher bid
  5. Bids are blind with no opportunity for further / change to bid.
  6. All bids must be opened in front of client.
  7. Informal tender usually starts with private treaty, best bids, more negotiations then sale.
  8. Smaller pack / less onerous terms required so costs lower.
  9. Usually state under no obligation to accept highest / any offer.
46
Q

What is a special purchaser?

A

Particular buyer for whom a particular asset has a special value due to advantages arising from ownership that is not available to other buyers.

47
Q

What are the advantages and disadvantages of an auction sale?

A

Adv:
1. Short timescale
2. Certainty of sale
3. Useful for unusual property / strong interest

Disadv:
1. Cost of promotion / publicity
2. Lack of confidentiality
3. Vendor cannot choose property
4. Intensive nature of short marketing period

48
Q

What are the marketing signage requirements?

A

Refer to Town & Country Planning (Control of Advertisement) Regulations 2007

  • Single board per property and must be no larger than 2sqm / 2.6sqm for v boards
  • Planning permission required for Remote / Illuminated boards / boards on listed buildings / conservation area
49
Q

What did you do at Harwich?

A
  1. Inspect - Contamination / leaks / equipment sprawled
  2. Checked previous measurement
  3. Saved copy of notes / photos on file
  4. Residual / Investment valuation - deducted remediation costs provided by developer
  5. Red book - Market Value & Market Rent
  6. Caveat - no further contamination
50
Q

What inputs did you use at Harwich?

A
  1. 15% Developers profit (planning)
  2. 8% Finance cost
    3.

APC (21 decks)

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