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David Ashton

Partner - Uckfield

17th December 2018

What’s your commercial property back stop?

Commercial landlords and tenants should consider their own back stop position when it comes to a repairing obligation. Another Brexit unknown, but parties within a commercial property lease should see what they can do to protect themselves, as a greater uncertainty it is likely to have a negative impact on the economy.

Our tips for Tenants

Inspect the property before signing up to a new lease to check whether there is any significant upgrades needed that will impact on the increase in service charges.

If the lease is coming to an end give yourself time to undertake any repair works to comply with the terms of the lease to minimise any dilapidations claim and the cost of preliminary contract administration, loss of rent, cost and interest which are associated with dilapidations claims.

Take advice as soon as you receive a repair notice.

Our tips for Landlords

Be proactive and review your leases 12-18 months before expiry to give sufficient time to follow any repair notice procedures

Take advice on the Lease reinstatement provisions to ensure any notice is given in good time and in accordance with the terms of the Lease

Tell the tenants early so they are aware of the works necessary to comply with the terms of the lease.

Do any work that can be recovered under service charges as soon as possible. Carrying out the work in the last year of the term gives tenants more scope for challenge and may reduce the amount recoverable.

Both parties

Ensure your professional advisers have the necessary skills and experience to take the matters all the way.

Invite the other side to mediate.

Make early, well-pitched offers to settle, taking account of legal protocols to avoid having to pay the other parties legal costs.

Contact our commercial property and planning team

Rix and Kay’s Commercial Property and Planning team is led by David Ashton. He has over 30 years’ experience of advising on all areas of commercial property law, from one-off transactions to diverse and complex development projects.

If you would like a discussion with David to talk about any issues or questions you have about Commercial Property, then please do not hesitate to contact him:

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