APC: commercial property rent reviews

The competency concerns the management of the landlord and tenant relationship. It has a broad scope covering all aspects of lease negotiations. Candidates will be expected to understand the issues and how they affect both parties.The three levels are set out in further detail in Figure 1.

Close Figure 1: Likely knowledge, skills and experience required at each level of the Landlord and tenant competency

• • the principles of property law
• • the statutory and common-law framework applying to the landlord and tenant relationship
• • the content, form and structure of leases
• • relevant market conditions and property values.

1. Apply the principles of the law and practice relating to landlord and tenant. Carry out relevant negotiations to resolve issues affecting owners and occupiers of real estate. Examples of activities and knowledge at this level are:
2. • reading and interpreting leases
3. • carrying out market research, collating and analysing comparable evidence
4. • preparing, serving and responding to legal notices
5. • entering into negotiations
6. • instructing legal advisers and seeing matters to conclusion.

Provide evidence of having given reasoned advice, and prepare and present reports on the law and practice relating to landlords and tenants. Apply your knowledge to support relevant dispute resolution procedures. Examples of activities and knowledge at this level are:

• providing appropriate valuation advice

• providing strategic advice on landlord and tenant matters, relating to individual properties or property portfolios
• advising on alternative dispute resolution options in the event that negotiations break down, and taking any necessary action to protect the client's position
• demonstrating involvement with third-party determination and associated submissions
• reaching an agreed solution and reporting recommendations to client
• preparing reports containing recommendations before commencing negotiations.

Figure 1: Likely knowledge, skills and experience required at each level of the Landlord and tenant competency

Demonstrate knowledge and understanding of the law and practice relating to landlords and tenants. Examples of knowledge at this level are:

• • the principles of property law
• • the statutory and common-law framework applying to the landlord and tenant relationship
• • the content, form and structure of leases
• • relevant market conditions and property values.

1. Apply the principles of the law and practice relating to landlord and tenant. Carry out relevant negotiations to resolve issues affecting owners and occupiers of real estate. Examples of activities and knowledge at this level are:
2. • reading and interpreting leases
3. • carrying out market research, collating and analysing comparable evidence
4. • preparing, serving and responding to legal notices
5. • entering into negotiations
6. • instructing legal advisers and seeing matters to conclusion.

Provide evidence of having given reasoned advice, and prepare and present reports on the law and practice relating to landlords and tenants. Apply your knowledge to support relevant dispute resolution procedures. Examples of activities and knowledge at this level are:

• providing appropriate valuation advice

• providing strategic advice on landlord and tenant matters, relating to individual properties or property portfolios
• advising on alternative dispute resolution options in the event that negotiations break down, and taking any necessary action to protect the client's position
• demonstrating involvement with third-party determination and associated submissions
• reaching an agreed solution and reporting recommendations to client
• preparing reports containing recommendations before commencing negotiations.