Client Care Flashcards
(9 cards)
What is a COI, types of coi
A. Party conflict - duty to one party conflicts with a duty to another party in the wider firm
B. Own interest conflict - Personal interest conflicts with clients
C. Confidential info conflict - obligation to provide information to one party conflicts with confidential agreement to another
Why must you avoid a COI
To prevent anything getting in the way of your duty to advise and represent each client objectively and independently without regard for consequences to another client / third party / own interests
Difference between professional statement and practice info
Professional statement - mandatory
New street Birmingham. What act limited the Cclaim
Section 18 landlord and tenant act 1927. Limb 2
It was clear that some modernisation was required to meet current market standards. The landlord would likely require grander remedial works. The landlord was claiming for things like painting partitioning where in my opinion it was clear that this would need removing as it was quite bespoke.
RICS dilapidations seventh edition 2016 has an example letter to send to the landlord to ask them of their intentions with the property
How do you ensure your dilapidations schedules comply with the protocol
I reference the appropriate lease clause to each item.
Include a QD (QD =
Surveyors endorsement:
-works in the schedule are reasonably required to remed breaches
-Any costs quoted in the response are reasonably payable for such works
-taking into account landlord’s intentions for the property
In response you should say if you think it is supersession & why
Surveyors should attend a meeting in person
Protocol has an example schedule of condition however variations are acceptable
What is the format of a dilapidations schedule
Preamble: prepared by X, true views of X, lease dated X, lease clauses
Schedule : item, lease clause, breach remedy, cost
Summary: cost of works& contracts prelims / profit, design & CA fees, professional fees for prep of schedule, legal red for serving, endorsement
Recent dilapidations case law. Car giant Limited. & Anor V London borough of Hammersmith and Fulham. 2017.
Super session case law.
Some life Europe properties Limited versus Tiger aspect Holdings Limited and anor. 2013.
Landlord had a dilapidations claim of 2, million
Tenant contended a dimension evaluation of £240,000.
The tenants argument was that even if it had left the premises in a good state of repair in accordance with the lease the building would not have been legible without substantial upgrade and improvement works That the landlord had carried out
damages were awarded of 1.4 million
The court questions were:
-If if the tenant had handed back the premises in accordance with its repairing obligations, would the landlord have been able to sell or re-let the building without significant discount? If yes they could still let and a good price, damages would be the lower of:
1. Putting the property back into the state of repair required
2. Difference in value of the building in its current state versus the state it should’ve been handed back in
However, if the landlord would not have been able to relay or sell the building without significant discount, even if the tenant had carried out the works then it was necessary to look at what the landlord would have to do to be able to re-let the premises as a fair market price. A.k.a. what extra work must the landlord do to make the premises lettable?
-landlord cannot recover costs for extra work
-some of these extra works may make the tenants repair works redundant (no loss, supersession)
The court agreed with the landlord that had the tenant yielded up in a good state of repair the landlord would have only had to carry out relatively modest additional works to be able to relate to the tenant
How would you handle clients money
One never done it but
Refer to RICS Client money handling to ensure I’m popping it correctly
Separate account
