Case Study & Mock Qs Flashcards
(9 cards)
Construction of the Mercury
Foundation: Likely reinforced concrete to support the structure and loads.
Frame: Likely reinforced concrete or steel for stability and load-bearing capacity.
Cladding: Likely a mix of brickwork, metal panels, and possibly glazed curtain walling for a modern look.
Roof: Flat roof with potential mechanical plant equipment, waterproof membrane or bitumen felt.
Internal Features: Suspended ceilings, partitioning, tiled flooring, escalators, elevators, and fire-resistant materials.
Glass atrium
Can you CRAR a licence?
No, you cannot use Commercial Rent Arrears Recovery (CRAR) for a licence. CRAR only applies to leases of commercial property, not licences. A licence is a personal agreement giving someone permission to occupy property without creating a landlord-tenant relationship and does not enjoy the statutory protection afforded to leases. CRAR can only be used where a lease exists, and there is rent arrears of at least 7 days.
What happens when the 21-day stat demand notice expires?
The creditor or landlord can issue a winding up petition. If the judge is satisfied that the company is insolvent and unable to pay its debts, the court will grant a winding up order. An official liquidator (usually the Official Receiver) is appointed to take control of the company’s affairs. The liquidator’s role is to wind up the company’s operations, sell its assets, and distribute the proceeds to creditors.
When can you CRAR a tenant?
The tenant must owe at least 7 days’ worth of rent.
The notice must be given at least 7 clear days (excluding Sundays and Bank Holidays) before enforcement agents (bailiffs) visit the premises
What can a tenant do if landlord consent is delayed?
If a landlord unreasonably delays consent for actions like assignments, subletting, or alterations where consent is required:
* The tenant can make an application to the court for a declaration that the consent has been unreasonably withheld or delayed.
* Under the Landlord and Tenant Act 1988, landlords must respond within a reasonable time, and failure to do so could entitle the tenant to proceed without consent (after a court declaration) or claim damages for any losses incurred due to the delay.
When should you close a SC Rec?
4 months as per the RICS SC code. 3 months as per the usual Workman KPI.
What are the benefits of arbitration?
Speed: Arbitration can be quicker than going through the courts, as the parties can agree on timelines and avoid court backlogs.
Confidentiality: Unlike court proceedings, arbitration is private, and the details of the dispute and its resolution are not made public, which can be beneficial for maintaining commercial relationships.
Expert Decision-Maker: Arbitrators are often chosen for their expertise in the subject matter of the dispute (e.g., property, construction), leading to more informed decisions.
Flexibility: Arbitration allows the parties to choose the rules, procedures, and even the arbitrator, providing greater control over the process compared to litigation.
Finality: The arbitrator’s decision (award) is binding and enforceable, with limited grounds for appeal, which can provide a quicker resolution and more certainty.
Cost Efficiency: Although arbitration can still be expensive, it can be more cost-effective than lengthy litigation, particularly if the dispute is resolved swiftly.
Example of RICS Decision Tree
Service charge disputes
Can a client pay you in advance for services?
Client Agreement: The terms for advance payment should be clearly agreed upon and documented in the terms of engagement or contract. This should specify the services to be provided and any payment schedules, including advance payments.
Clear Communication: It is essential to communicate clearly with the client about what the advance payment covers, such as specific services or a deposit to secure your time.
Holding Client Money: If the payment is held before services are rendered, you may need to follow RICS client money handling rules. This typically requires holding the funds in a separate client account to safeguard the money until services are delivered.
Refund Policy: The terms should also outline what happens if the services are not provided or if the client cancels. A refund policy should be established in advance.
Transparency and Professional Conduct: RICS emphasizes transparency, so you must ensure that the client is fully aware of the payment terms, and all financial transactions should comply with RICS standards to avoid any conflict of interest or misconduct.
