CONS07063 2022 Commercial Real Estate Mgmt & Leases

General Details

Full Title
Commercial Real Estate Mgmt & Leases
Transcript Title
Commercial Real Estate Mgmt
Code
CONS07063
Attendance
N/A %
Subject Area
CONS - Construction
Department
CENG - Civil Eng. and Construction
Level
07 - NFQ Level 7
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2022 - Full Academic Year 2022-23
End Term
9999 - The End of Time
Author(s)
Trevor McSharry, Barrie Cox, Ms. Laura ODonnell, Aisling Doyle
Programme Membership
SG_SPROP_J07 000000 Bachelor of Science in Property Services and Facilities Management SG_SPROP_J07 000000 Bachelor of Science in Property Services and Facilities Management SG_SPROP_J07 202200 Bachelor of Science in Property Services and Facilities Management (Add-on) SG_SAUCT_S07 202200 Certificate in Auctioneering and Estate Agency Practice SG_SPROO_J07 202300 Bachelor of Science in Property Services and Facilities Management (Add-on) SG_SAUET_S07 202300 Certificate in Auctioneering and Estate Agency Practice
Description

The aim of this module is to provide the learner with an indept knowledge of property management practice to enable them to enter a role as a Property Manager.  The module will cover important topics such a Landlord & Tenant Law and Service Charge Budgets.  

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Examine and interpret Landlord & Tenant Law.

2.

Evaluate Commercial leases and the important sections to review in any situation.

3.

Scrutinise the contents and the breakdown of a Service Charge Budget.

4.

Explain Sinking Funds and appraise the management of same.

5.

Analyse and distinguish the differences between the various methods of company assistance.

Teaching and Learning Strategies

This module will be delivered through lectures.

Moodle is used by lecturers to direct and manage the learning process and facilitates formal learning, posting of lecture notes and continuous assessments, additional resources and supporting documents.  Informal learning: social communication between learners.

Moodle will also be further used as a means of assessment, utilising online quizzes, for the uploading of assignments of reports.

Module Assessment Strategies

This module will be assessed as follows:

40% Continuous Assessment

60% Final Exam

Repeat Assessments

Students who fail an element of the module will need to repeat each element (continuous assessment and or final exam) as instructed by the module lecturer.

Indicative Syllabus

Examine and interpret Landlord & Tenant Law

  • Landlord and Tenant (Amendment) Act 1980
  • Creating a Tenancy
  • Landlord and Tenant Rights
  • Restrictions to New Tenancy
  • Fixing of terms of new tenancy by the court under the 1980 Act
  • Rent Reviews
  • Dilapidations
  • Improvements (Notices)
  • Compensation (Restrictions & Rights)
  • Licences (what are they and how do they differ from leases)

Evaluate Commercial leases and the important sections to review in any situation.

  • Lease layout
  • Rents (Turnover Rents)
  • Side Letters
  • Important Clauses (Yielding Up/Rent Reviews etc)

Scrutinise the contents and the breakdown of a Service Charge Budget

  • What to include/ what not to include
  • Who must pay into the service charge budget
  • Dividing it amongst tenants

Explain Sinking Funds and appraise the management of same.

  • What is a sinking fund
  • How is it calculated
  • Who contributes

Analyse and distinguish the differences of the different methods of company assistance

  • Examinership
  • Liquidation
  • Receiverships

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
40 %
End of Semester / Year Formal Exam
60 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Continuous Assessment Coursework Assessment Assessment 40 % OnGoing 1,2,3,4,5
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Final Exam Closed Book Exam 60 % OnGoing 1,2,3,4,5
             
             

Online Learning Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Online Commercial Property Management 1 Weekly 1.00
Directed Learning Online Commercial Property Management 1 Weekly 1.00
Independent Learning Online Commercial Property Management 5 Weekly 5.00
Total Online Learning Average Weekly Learner Contact Time 2.00 Hours

Required & Recommended Book List

Recommended Reading
2004 Arbitration and Rent Review Estate Gazette
ISBN 0728204258 ISBN-13 9780728204256

Arbitration and Rent Review has become a standard work in the property world for guidance on rent review. In a clear style, the author examines the procedures that landlord and tenant should follow in order to agree a new rent or to have one decided by arbitration. By means of cases, he highlights the key areas of conflict that come before the courts, the contentious issues being introduced in the order in which they would be encountered by landlords or tenancts facing a review.

Recommended Reading
2018-08-30 Landlord and Tenant Law
ISBN 0198788118 ISBN-13 9780198788119

Landlord and tenant is one of the most important areas of land law that all students must understand thoroughly. This manual is designed to give trainee solicitors a clear and complete understanding of practice in this field. It will familiarize trainees with the procedures involved inlandlord and tenant law and how to properly advise clients. It deals with residential letting agreements, as well as examining the rights and obligations of landlords and tenants bound by commercial leases, thus offering an excellent overview of all crucial landlord and tenant topics. This new edition has been fully revised and updated in the light of new codes and case law. A number of new precedents have been included, offering a practical approach to the subject, enabling students to familiarize themselves with documentation they will encounter in practice.

Recommended Reading
2014-06-30 Landlord and Tenant Law Bloomsbury Professional
ISBN 1780434804 ISBN-13 9781780434803

Long recognised as the definitive work on this area, Landlord and Tenant Law, 3rd edition comprehensively deals with all aspects of this subject relevant to the law in Ireland. It is essential for all practitioners with an interest in property law. The book covers everything from the basics (such as explaining the nature of the relationship between landlord and tenant) to more complex matters such as when disputes arise, and the controversial subjects of rent reviews and guarantees. This is the eagerly awaited third edition of this flagship title and covers in detail the important legislation that has been enacted since the last edition, including: Residential Tenancies Acts 2004 and 2009, Landlord and Tenant (Ground Rents) Act 2005, Civil Law (Miscellaneous Provisions) Act 2008, Land and Conveyancing Law reform Act 2009 (s 132) and Multi-Unit Developments Act 2011. The third edition incorporates extensive case law on several important aspects of the law including: rent reviews, guarantees, break options, service charges, alienation covenants, forfeiture, new tenancy rights and acquisition of the fee simple. It also draws attention to numerous proposals for reform made by the Law Reform Commission. Previous print edition ISBN: 9781845923617

Recommended Reading
2008 Rent Review, Arbitration and Third Party Determination
ISBN 1842194100 ISBN-13 9781842194102

Offers guidance on how to deal with the rent review process. This book takes the surveyor through each stage of the rent review: from consideration of the various aspects of the lease, preparation of the valuation to the conclusion of the review by negotiation or third party determination.

Recommended Reading
2005 Stapleton's Real Estate Management Practice Estate Gazette
ISBN 0728204827 ISBN-13 9780728204829

Stapleton's Real Estate Management Practice is an update of EG Books' popular Estate Management Practice 2nd Edition, which has been completely revised and updated. This book is wide-ranging and comprehensive in its coverage of the subject of commercial property management, estates, private sector estates, public sector estates, policy, commercial leases, professional practice, acquisition, disposal and lettings. The only book of its type, it covers property management and professional practice in a practical way with reference to legal cases, although it is not a law textbook. It looks at the strategic and practical aspects of the subjects.

Module Resources

Non ISBN Literary Resources
Updated Literary Resources
Journal Resources
URL Resources

www.scsi.ie

www.rics.org

www.lawsociety.ie

www.psr.ie

 

Other Resources
  • Business Leasing Code for Landlords and Tenants,  SCSI/RICS Code of Practice, (2015),
  • Service Charges in Commercial Property, SCSI/RICS RICS Practice Standards, (2009),
  • Apportionment of Service Charges in Mixed Use Developments UK:RICS RICS Information Paper, (2009),
  • Service Charges & Tenant Alterations, UK:RICS RICS Information Paper, (2014),
  • Sinking Funds, Reserve Funds & Depreciation Charges, UK:RICS RICS Information Paper, (2011),
  • Commercial Property Service Charge Handover Procedures, 
Additional Information