LEASING may offer a sensible use of your premises and provide useful income in these difficult times, but expert advice is essential when considering such a move.
There are many practical and legal issues which need to be considered prior to leasing to ensure that you are fully protected.
Property owners should seek advice at an early stage, especially when leasing only part of their premises. Some of the major considerations are detailed below.
Due to recent changes in the Land Registry Rules, leases which are for a term of more than seven years will have to be registered with the Land Registry. An accurate scale plan should be drawn up detailing both the full extent of the premises and the part to be let.
If there are areas which are shared between the landlord and tenant, provisions are required to define how these areas are to be maintained. Leases must cover who is responsible for maintenance, and whether payment for work is to be divided when the work is done, or whether costs will be incorporated into an annual service charge.
Where the premises require alteration, the advice of a planning specialist should be sought as to planning applications and consents and building regulations approval.
If you are a tenant renting the whole of the premises and intend to sub-let part of the premises, you will also usually require the consent of your own landlord.
One of the main concerns in considering renting your premises is the suitability and reliability of the tenant. The easiest way around this is to meet any prospective tenants. Ask for references from previous landlords and for several years of audited accounts to verify their ability to pay the rent.
In the event that you may wish to change your plans for the premises in the future, you should consider including a break clause. This will allow you to end the tenancy before the term expires.
We recommend that professional advice is sought at the outset, preferably before Heads of Terms have been agreed.
■ Zoe Dick is a member of the commercial property team at BHP Law. For more information, contact her on 01325- 466794.
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