apc Flashcards

(56 cards)

1
Q

What advice did you give around data protection and TUPE during the Craven House sale?

A

I advised checking TUPE obligations for the building manager and protecting ELI data. Also, to confirm buyer’s position on retaining staff.

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations, which protect employees’ rights when a business is transferred to a new owner.

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2
Q

How did you mitigate the data breach risk in the Zurich portfolio?

A

Advised on monthly data checks, implemented a purge of stale data, and flagged potential Data Protection Act breaches.

Regular data checks help ensure compliance with data protection regulations.

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3
Q

Why prepare a Schedule of Condition at 90 Union?

A

To protect landlord’s interest in loose CAT A furniture and clarify responsibilities at lease end.

A Schedule of Condition documents the state of a property at the start of a lease.

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4
Q

What did you do when you found a suspected subtenant at 141 Acton Lane?

A

Reported to client, froze rent, informed solicitors, and wrote to tenant—breach resolved by subtenant removal.

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5
Q

Why recommend early S25 notice service at the Quadrant lease renewal?

A

Property was under-rented. Early notice helped control negotiation timeline and align lease with surrounding units.

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6
Q

What valuation method did you apply for the Hounslow industrial unit?

A

Investment method: used market rent, ARY, reversionary yield adjustment, and present value multiplier.

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7
Q

How did you handle service charge apportionments at Albemarle House for capital works?

A

Added two new schedules with weighted apportionments for cyclical external works; followed lease terms for chiller.

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8
Q

What lease clause restricted assignment at 61 Piccadilly?

A

Tenant could not assign to a group company. Advice was to reject the proposal.

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9
Q

What assumptions and disregards did you apply in Hampton’s rent review?

A

Assumptions: vacant possession, 5-year term, good repair. Disregards: goodwill, improvements, and predecessor occupation.

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10
Q

Why did you report both NIA and IPMS 3 at 1 Croydon?

A

To resolve a dispute with the tenant and maintain professional reporting standards across different users.

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11
Q
A
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12
Q

How did you ensure compliance with the Data Protection Act during the disposal of Craven House, and what advice did you give your client regarding TUPE obligations?

A

Ensured compliance by following legal protocols and advising on TUPE obligations.

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13
Q

What key risks are associated with transferring sensitive tenancy and staff information in a commercial property transaction?

A

Key risks include data breaches, loss of confidentiality, and non-compliance with data protection laws.

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14
Q

How did you identify a potential data breach in the Zurich portfolio, and what steps did you advise to mitigate the risk?

A

Identified through regular audits and advised on immediate containment and notification procedures.

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15
Q

What best practice controls should be in place for data management in commercial property portfolios?

A

Best practices include data encryption, access controls, and regular training for staff.

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16
Q

What were the commercial and legal reasons for preparing a Schedule of Condition at 90 Union?

A

Commercial reasons included protecting investment; legal reasons involved liability and maintenance obligations.

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17
Q

What actions did you take upon discovering an unauthorised subtenant at 141 Acton Lane, and why?

A

Took immediate action to terminate the sublease to protect the landlord’s interests.

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18
Q

Can you provide an example of how you’ve incorporated sustainability considerations into your commercial property work?

A

Incorporated sustainability by advising on energy-efficient upgrades and green certifications.

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19
Q

Walk me through your advice on the lease renewal at the Quadrant, and why you recommended early service of the S25 notice.

A

Advised early service to secure favorable terms and avoid potential disputes.

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20
Q

How did you approach the Hampton Business Park rent review? What assumptions and disregards did you consider?

A

Approached by analyzing market trends and disregarding outdated rental values.

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21
Q

How did you amend service charge apportionments at Albemarle House for major works?

A

Amended apportionments based on updated cost assessments and tenant agreements.

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22
Q

What lease restriction did you identify at 61 Piccadilly and how did it affect your advice on assignment?

A

Identified a restriction on subletting, which influenced the assignment strategy.

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23
Q

How did you structure the PPM plan at 120 High Street Epsom to minimise tenant impact?

A

Structured the PPM plan with phased works and tenant communication to minimize disruptions.

24
Q

What are the steps involved in preparing a residual valuation, as with Whitehorse Lane?

A

Steps include estimating development costs, projected income, and calculating residual value.

25
Describe the investment method valuation you carried out for the Hounslow industrial unit and how you handled yield risk adjustment.
Valuation involved analyzing comparable sales and adjusting yields based on market conditions.
26
How did you calculate turnover rent at Guilford and verify tenant data?
Calculated based on sales figures and verified data through tenant submissions and audits.
27
What are the challenges in reconciling a multi-schedule service charge like Albemarle’s?
Challenges include ensuring accuracy, managing discrepancies, and maintaining transparency.
28
How do you assess a tenant’s financial strength when reviewing an assignment proposal?
Assess by analyzing financial statements, credit history, and market position.
29
Why did you dual report NIA and IPMS 3 at 1 Croydon, and how did you resolve the measurement dispute?
Dual reported for compliance and clarity; resolved disputes through consensus on measurement standards.
30
How did you measure the retail unit in Richmond with a curved atrium well, and what guidance applies?
Measured using specific guidelines for irregular shapes, ensuring accuracy in reporting.
31
How did you structure the PPM plan for 120 High Street, Epsom?
Spread costs over 5 years to reduce impact on tenant cashflows, prioritised essential repairs, aligned with service charge budgets.
32
How did you advise on the turnover rent at the Guildford property?
Reviewed lease terms, requested audited turnover certificates, calculated rent based on lease formula, and reported results to tenant.
33
What risks arise when transferring sensitive tenancy data in a commercial sale?
Breach of GDPR, loss of confidentiality, reputational damage, and potential claims if TUPE/staff data mishandled.
34
What specific data controls did you recommend for Zurich's portfolio?
Monthly data audits, regular updates of tenancy records, secure access controls, and two-year data retention rule.
35
What is TUPE and why was it relevant to the Craven House sale?
TUPE (Transfer of Undertakings) may apply to the building manager; buyer may inherit employment liabilities if applicable.
36
What did the curved atrium well in the Richmond unit affect?
It complicated measurement. As per NIA/IPMS rules, excluded the well from the measured area to maintain accuracy.
37
In the residual valuation at Whitehorse Lane, what were your key steps?
Estimated GDV, deducted construction and professional costs, applied developer’s profit, and discounted back to present value.
38
Why did you increase the yield in the reversionary valuation at Hounslow?
To reflect higher risk of future income; used a higher yield for the reversion to adjust for uncertainty.
39
Why was arbitration the ADR method used in the Hampton lease?
Lease specified arbitration; suitable for technical disputes like rent reviews with valuation detail at the core.
40
What role do assumptions and disregards play in a market rent review?
Ensure fairness: assumptions simulate a new letting, disregards remove tenant-specific value like goodwill or improvements.
41
How did you ensure accuracy in the Albemarle service charge reconciliation?
Reconciled across multiple schedules, involved audit to confirm correctness, and followed RICS best practice for transparency.
42
Why did the landlord refuse assignment at 62 Piccadilly?
Proposed assignee was part of tenant's group, which lease prohibited. Landlord relied on this to oppose the assignment.
43
What prompted the re-measurement at 1 Croydon?
A tenant disputed existing measurements. I measured and dual-reported using NIA and IPMS 3 for transparency and consistency.
44
What were your key considerations when advising on the lease renewal at the Quadrant?
Market rent trend, under-rented position, early Section 25 service, alignment with neighbouring unit renewals.
45
How did you incorporate sustainability into your work with SOCOTEC?
Conducted inspections aligned with sustainability risk checks; worked with specialist consultants to ensure environmental standards and future-proofing were met.
46
What are common sustainability considerations in commercial real estate?
Energy efficiency, lifecycle costs, EPC ratings, climate resilience, tenant engagement, and compliance with MEES regulations.
47
How did you handle the Albemarle House service charge budget for long-term works?
Created new apportionment schedules reflecting infrequent major works; used lease terms to justify full contribution to chiller replacement.
48
What are the risks of not phasing planned maintenance costs, like at 120 High Street?
Tenant disputes, cashflow pressures, poor recovery, and reputational damage with occupiers due to cost spikes.
49
What best practice did you apply during the service charge reconciliation at Albemarle?
Audited process, careful allocation across mixed-use schedules (retail/commercial), and alignment with lease obligations.
50
Why was IPMS 3 used alongside NIA in the measurement at 1 Croydon?
NIA is traditional for valuation/letting; IPMS 3 is the international standard for comparability. Reporting both meets market and RICS expectations.
51
What complications did you face measuring the Richmond retail unit?
Curved atrium well excluded under NIA/IPMS; required careful assessment to ensure compliance and avoid overstating lettable area.
52
What financial document did you request for calculating turnover rent at Guildford?
Audited turnover certificates, required by the lease, used to calculate the rent share owed by the tenant.
53
What is the purpose of reviewing tenant financials, like at 62 Piccadilly?
To assess covenant strength during lease events like assignment; helps protect landlord's income security and investment value.
54
How do you assess financial strength in a tenant company?
Review profit/loss, balance sheet, gearing, liquidity, credit rating, and audit flags. Compare trends and group structure.
55
What does the present value multiplier reflect in a valuation?
Time value of money – it discounts future cash flows back to a net present value based on yield assumptions.
56
In a residual valuation, how do you calculate land value?
Deduct construction/professional costs, fees, and profit margin from GDV, then discount to present value to determine land worth.