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amorgan
25-06-2007, 16:53 PM
Hi all,

I am familiar with residential, but commercial seems to be a dark art. We are making the transition from a home office to commercial office space with the view of slowly growing the business. I have found three potentials, though one is by far more suitable in terms of actual space versus cost. The landlord is very old and lives above it, but this is not a problem as I think we will make considerate neighbours as well as tenants. However, it does me all negotiation has to be done through their agent. We have received an in principle agreement and I have quite a few questions. It is probably better for me to understand them now before it goes to the solicitor and it may help others in the future looking for the same answers.

The letter states the following terms:

A lease of six years to include the right to assign and a rent review at the end of the third year.

Six years is definitely longer than I think the business will need. As such, I think a break clause is definitely needed. I would like it after a year, but would settle for after 18 months, possibly two - is this likely? There is also the sad risk that the landlord may die and the place be sold on to somebody who is less reasonable and screws us with the rent rise

A commencing annual exclusive rent of £7000.

Does 'exclusive' rent have a hidden meaning such as it does not hidden costs such as insurance and service charges - or the opposite, that it includes everything?

A rent free period of five weeks from the commencement of the tenancy.
The premises to be taken in their present condition.

The present condition is extremely basic to say the least. They were last updated in 1989 and last redecorated around the same time. There is no carpet, no parking, no overhead lighting, no security system, no double glazing (but lots of drafty windows), and no hot water. There is however, at least a working toilet - though it is accessed via a single door from the ancient kitchenette area. HSE regulations require hot water to be provided, so a condensing boiler or little electric water heater needs installing. The kitchen needs replacing, the whole place needs repainting/decorating, the floor needs levelling. Basically all the things an employee might reasonably expect if they work in an office. Initial estimates from contactors suggest it would cost at the very least £5000 to do. I am happy to take the space on as is and do the work as we go along and pay for it directly as well as do some of the work myself , such as repainting(I have some good contacts). In exchange I would want a much longer rent free period - is this generally accepted? I guess I would also have to make sure that I rent is not increased based on the improvements we have made?

We would be moving in straight on the heels of the previous tenant so there would be no void periods for the landlord. My impression is that the landlord and his son would probably go along with this, but of course I am having to deal with the agent and they need to justify their fees. The agents are also aware I am new and will doubtless negotiate accordingly in their favour. They could of course tell me to sling my hook and hope to find somebody else to take the place on - which is my fear of course

Any thoughts or advice would be much appreciated.

Thank you, in advance

jeffrey
26-06-2007, 09:01 AM
"Exclusive rent" usually means that the lease will be FRI- ie that T (=you) will be responsible for Full Repairs and Insurance.
However, Heads of Terms are not legally binding and do not create a contract or lease. They are just a list of basic provisions agreed at the outset, to be reflected in a detailed Lease- only this latter counts, so get your solicitor involved now and do NOT rely on the Agent!

Editor
26-06-2007, 11:53 AM
Six years is definitely longer than I think the business will need. As such, I think a break clause is definitely needed. I would like it after a year, but would settle for after 18 months, possibly two - is this likely? There is also the sad risk that the landlord may die and the place be sold on to somebody who is less reasonable and screws us with the rent rise

Not sure what you means by 6 years is more than the business will need? Six years is not a long lease as commercial leases go.

It's wise to have a break clause with a new business, if you can negotiate one.

Everything is negotiable with commercial leases but what you can actually get will depend on tenant demand - if the landlord gets better terms with another tenant, he'll go for that.

You always have the risk of another investor buying the freehold - ther's not a lot you can do apart from making sure you have negotiated a good agreement which is your main protection.

Does 'exclusive' rent have a hidden meaning such as it does not hidden costs such as insurance and service charges - or the opposite, that it includes everything?

Exclusive means you pay rent plus ALL additional costs - business rates, insurance etc. Could be FRI, but with the landlord also occupying the property this would be on a service charge basis.

It's usual to expect business tenants to fit-out to their own requirments, providing the basics such as main structure, services etc are OK. Have the building checked by a surveyor if FRI.

Rent free periods are usually agreed on the basis of a long commitment and where the property may need substantial works. If you are not prepared to commit for even 6 years and with a £5,000 fitting out I would say this is doubtful?

It's up to you to negotiate the best deal you can get.

amorgan
26-06-2007, 16:58 PM
Thanks for the advice, Editor and Jeffrey.



Not sure what you means by 6 years is more than the business will need? Six years is not a long lease as commercial leases go.


We are still a very young company. Perhaps I am being overly optimistic, but I hope that the business will have outgrown the space within five years as we employ more staff. Or, fingers crossed, I will have sold it and retired to the Caribbean.;)

jeffrey
26-06-2007, 17:24 PM
Thanks for the advice, Editor and Jeffrey.



We are still a very young company. Perhaps I am being overly optimistic, but I hope that the business will have outgrown the space within five years as we employ more staff. Or, fingers crossed, I will have sold it and retired to the Caribbean.;)

If you do, watch out for they'm Pirates (Part III).