Chairman
Keith Spenceley
Regional Director
Countrywide Property Management
Speakers
Warren Gordon
Head of Real Estate Know How
Olswang
David Meur
Head, Property Committee
British Insurance Brokers Association
Paul Fontes
Partner
Eversheds LLP
Dhan Tagie
Head of Product Development (Engineering)
Romec
Richard Nield
Managing Director
G L Hearn Management Ltd
Tom Day
Principal Auditor, Professional Regulation and Consumer Protection
Royal Institution of Chartered Surveyors
Carol Wakeford
Partner - Real Property Dispute Resolution
Cripps Harries Hall LLP
Alienation
Fundamental legislation affecting assignments and sublettings
New case law
Dealing with applications for consent
- What information should the manager ask for?
- When can consent be withheld?
- What are the time limits?
- Dealing with authorised guarantee agreements
- Good practice
Ways to avoid the statutory and case law traps practical
examples where they could be used
Insurance
Current market thinking
- Which insurers are in the market?
- How to compare insurers
Lease clauses
- Dealing with recovery of premiums
- Insured and uninsured risks
- Handling of claims
- Dealing with insurance valuations
FSA regulation update
- Should you be registered?
- The RICS position
TUPE
When does TUPE apply?
What is the practical effect of the new regulations?
What are the risks and how can they be minimised?
Can the impact of TUPE be avoided?
Implications for property management and other service contracts
Building
Issues
Dilapidation
- Current practice
- Understand the estate and its functions
- One size does not fit all e.g. operational premises, admin premises,
warehousing etc.
- Regular maintenance of assets
- Identify asset performance and life cycle (data analysis)
- Identify the level of expenditure to meet statutory obligations
- Put program in place to deliver compliance
- Mitigate non-compliance risk for premises that have a short life
expectancy due to disposal, major projects etc.
Changes to fire and safety regulations
- Self certification
- Understand implications of changes
- Fire certificate no longer required
- A risk based approach is now required by way of a Fire Risk Assessment
- Organisations to have a fire safety policy that includes:
- Prevention of fire
- Protection of people
- Protection of assets and business continuity
- Identify who in the organization has the overall responsibility
- Identify physical and procedural fire precautions to be implemented
- Put a program in place for routine inspections and maintenance to
include;
- Emergency lighting, fire alarm systems, fire stopping, fire dampers,
smoke ventilators etc.
- Retention of records, including staff training, to demonstrate compliance
DDA Update
- Who is paying for compliance?
- Recoverability of expenditure
- How far must the manager go to ensure compliance?
- The effect of DDA on the ability to manage
Service
Charges
What to look out for advice for occupiers and managers
Common areas of dispute
- Refurbishment and improvement
- Advertising and promotions
- Sweeper clauses
Guide to good practice update
- Keep it simple and clear!
- Check the lease
- Stick to recoverable costs
- Have a continuous audit trail
- Reconcile as soon as possible
- Seek advice if youre unsure but should a lawyer always
be the first choice?
RICS
Members Accounts Rules
The new principles-based Members Accounts Rules
How these will work in practice
Topical issues in client money control and accounting
Managing
Tenant Default
Remedies to bailiff or not to bailiff?
Alternatives, when to use them and their implications
- Forfeiture
- Statutory demand
- Legal proceedings
- Other remedies
Case law
Practical examples
Proactive measures:
- Know your tenants
- Respond quickly
- Act decisively