case study Flashcards
- Can you talk me through your conflict of interest checks?
Check on property and client. This ensured I was acting in line with the RICS coi standard so I can act independently and impartially and provide a good quality service.
- What type of conflict may arise in an instruction like this?
If my lease advisory team were advising on the rent review for Playsport. For rent reviews, if they’re acting for a tenant in the building and you’re acting for the landlord, that is a conflict and you would need to advise both parties and could only continue if you have informed consent from both parties, have set up information barriers and you still feel that you continue without the conflict having an impact on your work.
- If a conflict had arisen, what steps would you take?
informed consent
- If you received informed consent from both parties, does that mean you can definitely proceed with the instruction?
i make final decision
- Why do you need to undertake Customer Due Diligence?
Prevent money laundering. This is when proceeds of criminal activities are disguised or converted and then realised as legitimate assets.
Comply with regulations and datandrds
to mitgate risks
- What do these checks involve?
Identify and verify identity based on verified sources. Identify the beneficial owners of the client, for a company, name, address, company number, structure chart, adverse media.
- What might be a red flag?
Hesitant to provide information, different currencies, rushing.
- When might you need to undertake enhanced due diligence checks?
High risk third country or PEP (someone who has been entrusted with a prominent public function. Check if on sanctions list, further details from their solicitor on their source of funds.
- What are the potential consequences for a breach of Anti Money Laundering Regulations?
5 years tipping off, 14 years assissting
- You conducted Dun and Bradstreet reports on each tenant in the building. What are these reports?
Business credit report, info on financial health, creditworthiness, risk profile
- Where do Dun & Bradstreet get their information from?
companines house
- The reports suggested all tenants were of a ‘stable strength’. What does this mean?
All the tenants were of low to moderate risk with a good credit rating. All had minimal risk of a default and consistent financial performance.
- Solid financial standing with minimal risk of default
- Moderate low failure risk score
- Decent credit rating
- Consistent financial performance – no red flags of late payments
Over the next 12 months tenants are not at risk of failure or risk of severely delinquent payments. Eg. Failure risk score, PAYDEX and financial stress score. However, stability doesn’t mean always strong profitability.
- Why was the fund selling?
Wider strategy to reduce exposure to office assets in secondary submarkets where substantial non-recoverable landlord cap ex is required in short to medium term, short, dated income with occupier retention risk owing to high sc costs and voids.
- Were there any transactions within the subject building that you relied upon? The under offer was £32.50 why?
Main road, been vacant for 3 years. Formed part of my valuation however, not all.
- The 2nd Floor Suite 1 let to Playsport Games Ltd had a rent review in June 2024. Had that been triggered yet by your client?
No when instructed and during the process.
- XPS also have a rent review in September 2024?
- It was not triggered as my client informed me that they seeked professional advice and felt that the MR had not increased significantly and rent reviews can be timely and costly.
- Increase rent – professional fees, time costs, potential risks of disputes.
- Rule of thumb 15-20% above the passing rent to make the process worthwhile
- Rent reviews only net effective rents. Would need to workout the incentives and deduct.
- Why would they not my client not active rent review?
Sometimes this is attractive to the new owner has they have flexibility to instigate and negotiate how they would like to on the rent review, for reversion.
- What type of rent review?
Upward only. XPS was on £34.34 psf and playsport £33.74 psf.
- Did your client have a rent review surveyor appointed?
On the rent review, it’s fine to say the rent review hadn’t been triggered. Firstly, time is usually not of the essence so rent reviews are often triggered later, once the landlord has established that rents have grown and they will secure their increase. Furthermore, you can mention that the landlord wasn’t keen on spending money on a rent review surveyor when they were selling the building. And, it would present the new owner with an asset management opportunity, contributing to the building’s appeal.
- What is the hierarchy of evidence for lease renewals?
Open market, lease renewals, rent reviews, independent expert determinations, arbitrator awards.
- Why are lease renewals above rent reviews?
- Lease renewal are open market, usually on new lease terms, strong evidence
- Rent reviews – hypothetical lease terms, medium to low alignment MR depending on assumptions, bound by original clauses.
- What about the ground floor. That had just had a letting agreed in principle at £32.25psf. Surely a rent agreed in the open market on the building itself was your best evidence? Your appraisal of the market rent was £36.50psf?
I provided a blend rate and adopted this to the ground floor.
- The most recent letting in the building itself was on the 2nd Floor Suite 2 to Arcadis at £37.85psf. Why was your market rent lower than the most recent completed letting in the building?
This was fully fitted, this floor ERV was £38.50 however, blended £36.50.
- In advising your client, you considered the Net Initial Yield may range from 12% to 13%. Why did you recommend a quoting price of £6.5m based on a 12.44% Net Initial Yield?
I felt this was a realistic marketing price as setting a price too high may deter buyers. At £6.5m this was a rounded figure. We cross-checked this on a capital value basis as well.