How did you exhibit health and safety during this project?
I inspected with regard to RICS surveying safely, I undertook a risk assessment on the subject and locality prior to inspecting. I ensured I had a contact for the day. I adhered to my firms lone working policy.
How did you exhibit client care during this project?
I ensured that i provided advice in a clear and understandable manner not being prop pros. I provided updates and appropriate advice throughout.
If you had to prepare TOE what would be included?
for a rent review: clear scope of all services to be provided, clear and transparent fee basis. Terms for disinstruction.
MV: in line with minimum standards of red book VPS1
Why do you need signed TOE?
to protect from disputes and liability
How did you ensure you were not conflicted?
I undertook a coi check in line with my firms procedures, checking our systems for any prior or current involvement with the parties involved and the property
If you had discovered a conflict what would you have done? Could you have still acted?
In line with RICS Conflicts of Interest 2018, i would not take the instruction of there was a coi or significant risk of one. Unless it was legal to, didn’t breach confidentiality and the client and relevant parties interests could be served by my undertaking then I could proceed with prior informed consent.
What is the relevant RICS guidance in association with COi?
Professional standard 2019 RICS Conflicts of interest
How did you know when the subject property was constructed?
My client had developed the property and could confirm this. PC certificate was available. Otherwise I could have checked planning building control register, title deeds.
How else would you find out if you didn’t know?
What was the use class?
As a surgery clinic or health centre or within
D1 use under TCP order 1987, now E(e) under 2020 reforms
What did your include/exclude as part of your measurement?
RICS valuation of medical centre and surgery premises is measured on NIA as per code of measuring practice with the inclusions of patient toilets, infection control cleaning stores, showers. I excluded lifts, stairwells, landings permanent circulation areas, staff toilets, plant rooms and the shared lobby area with the pharmacy (2025 can now include at 50%)
Please talk through your inspection due diligence.
Prior to inspection, in line with RICS surveying safely I assessed the property for risks, contamination etc and the locality.
I assessed the locality for neighbouring users, residents, parking and accessibility.
I reviewed the lease documents to check for demised tenant areas, any communal areas or landlord areas. Checked tenant and landlord repair liabilities and for rights demised including parking spaces. Lease rent review clause and any other relevant terms. I also check for any licences and prior rent review memoranda. Alienation provisions, any licences granted.
Other records breaam cert, EPC.
Full property and site plans available
On the inspection what were you looking for specifically?
For any potential breach of occupied areas, general condition of the property and breach of repair.
Any sublets or sharing of occupation.
The location, any shared areas, parking spaces and type of space, if exclusive or rights in common.
The construction type of the building and quality. Other tenants or users.
Particular to this user class and impacts of value:
EA compliance, so accessibility, auto doors, level access, corridor widths, changing places or disabled wc, dual height reception desk, lifts.
HBN and HTM compliance by way of specifications for flooring, configuration and layout flexibility , clinical room sizes fixtures and fittings. Clinical capacity, room types, adequate segregation of staff and patient areas,
How did your inspection impact on the advice you provided your client?
It allowed me to have a thorough understanding of the quality, specifications and compliance that impacts value so could best advise on rental value and growth prospects and how compared to the comparable evidence.
Please describe the construction type of the subject property.
What are the typical defects of an asset of this type?
Were your comparable transactions on a headline of net effective basis?
On a net effective basis and on CMR terms as defined under the PCDs
What is the difference?
Headline rent amount stated in lease and inclusive on any concessions
Net effective rent is adjusted to not include any concessions or adjusted to allow ease of comparison.
How was the 2013 Premises Costs Directions relevant?
It dictates the process for instigating rent review and instruction of the DV.
Directions have since been updated 2024.
Defines the CMR; which is referred to in the valuation.
How did you apply weighting to the comparable data?
In line with RICS hierarchy of evidence.
I applied weighting on comparables most a like in terms of age and quality, transaction date.
New lettings and lease renewals are higher in the hierarchy but in this locality at review date there was either limited or not comparable.
Is there any associated case law with rent review?
United scientific holdings v Burnley borough council. Time not of the essence unless explicit contraindications in the lease review clause. Pertinent in this instanc with the lease being silent.
Monosolar IQ vs Woden park: related to RPI review and upheld that mistake in the drafting and not parties intention. The presumption of reality
What third party options were available?
Due to sector specifics there was nhs appeals route to be exhausted. The lease form of dispute resolution being Arbitrator
What advice did you issue on third party?
I advised my client on the nhs LDRP process and inherent timelines. I advised that the lease form being arbitration and what that entailed.
I advised of the evidence impact that would be relied upon and prospects of further increase so a commercial decision could be reached.
How did you act in accordance with the RICS Rules of Conduct?
I acted with integrity and honesty in my representations to the tenant, advising of seeking representation. And in the representations of evidence in negs.
I followed firms procedure to identify any conflicts of interest or potential conflicts.
I was competent in my knowledge and expertise in being able to provide quality service to my client and ensured this before accepting the instruction.
I understood my clients objectives and needs, agreed scope of service to be provided in advance.
