APC Legal & Regulatory Compliance Flashcards
Key legislation for L&T / Property Management
Law of Property Act 1925
Landlord and Tenant Act 1927
Landlord and Tenant Act 1954
Landlord and Tenant Act 1988
Landlord and Tenant (Covenants) Act 1995
What are the different statuses of RICS documentation?
o Rules of Conduct (M)
o Professional Statements (M)
o Practice Statements (BP)
o Regulation Papers (M)
o Guidance Notes (BP)
o Codes of Practice (M or BP)
o Jurisdiction Guides (S)
What does the Landlord and Tenant Act 1954 cover?
o PART 1 – resi security of tenure
o PART 2 – Commerical security of tenure
o PART 3 – Compensation for improvements
o PART 4 – misc and supplementary.
What is meant by a health warning?
o Clause in leases to exclude security of tenure provisions
o Clauses 24-28 of 1954 Act
Date of OFCOM CoP for telecoms?
Dec 2017 – ECC CoP
Purpose of OFCOM CoP?
o Info about the new code
o Conduct of negotiations for new code agreements
o Conduct of operators
o Other matters relating to operation of the new Code.
Date of RICS GN on Surveyors Advising in Respect of the Telecommunications Code?
2019
Purpose of the RICS GN on telecoms?
o Highlight main roles of the telecoms environment.
o Reference point for surveyors advising on new ECC matters.
What is the Hanover case?
o Vodafone v Hanover Capital 2020
o Three stage valuation – underlying value, benefits and burdens
What is the Affinity Water case?
o Affinity water table of imposed values for different sites taken from relevant case law.
o EE & Three v Affinity Water Limited 2022.
What is the Pippingford case?
o EE & Three v Morriss and others 2022
o Comparable method to be adopted in 54 Act protected cases where evidence available.
o Valuation to be governed in first renewal by Section 34 principles.
o Annualisation of ECPs.
What is the New Zealand Farm case?
o On Tower Ltd v AP Wireless (II) UK Limited 2022
o Initial renewal to be completed under 54 Act and then becomes a code agreement.
o Valuation to be governed by Section 34 OM principles.
o Used Pippingford approach of comps rather than Hanover.
o O’May principle meant APW additional requests denied.
What difference with the PSTI Bill make to protected renewals?
o Product Security and Telecommunications Infrastructure Bill.
o Constantly changing space due to legislation
o Where primary purpose of renewal is to confer code rights, renewal rent is to be assessed on an identical basis to Para24 of the code (no network assumption)
o Eliminates the perceived benefit of seeking a 54 Act protected renewal to increase offered annual site payments.
o Only applies to subsisting written agreements so any undocumented periodic tenancies could still be renewed using open market rental assessments.
Other key features of the PSTI Bill?
o Requirement for operators to offer and explain availability of ADR prior to tribunal referral.
o New ability to request access to land for MSVs etc where landowner not responding.
o Speed up negotiations – existing agreements have the right for renewal on similar terms or request a new agreement.
o Additional confirmation as regards to occupying the land (as per Compton Beauchamp decision).
How has your employer improved their CHP?
o Clearly publicised policy on Landlord comms and on website.
o Clearly defined roles within the business – first POC is the REM, then HoP then Director.
o Clear KPIs to ensure timely response and escalation paths.
o LOOK INTO THIS MORE.
