Turning over the issues

Article Abstract:

Landlords and tenants in the UK must considered the problem of the landlord being able to claim what is owed in turnover rent from a tenant who is planning to leave a property, before the lease is first agreed. Landlords should also try to gather information on a tenants' turnover before the assignment, to assist them in coming to a final figure. Section 5 of the Landlord and Tenant (Covenants) Act 1995 releases tenants of their duties as part of the tenant release provisions. Tenants do not have to give landlords details of their turnover after the date of assignment.

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Recovering repair costs

Article Abstract:

Commercial tenants are usually not liable pay for improvements to their buildings undertaken by their landlords but are responsible for paying for repairs. It is therefore preferable for lawyers and surveyors to work together to establish if the work is a repair or an improvement and whether the tenant is liable to pay. The UK courts decided, in a 1989 case, tenants should pay for repairs if they were reasonable. Landlords should ensure repairs are not considered to be improvements. Any repairs must comply with current UK building regulations.

Commercial leases

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Know surrender

Article Abstract:

A tenant may surrender a lease by mistake, if a new lease is agreed with the same tenant before the old lease has run out. A surrender of a lease by operation of law may also be used instead of a deed of surrender. Leases may be surrendered by an express surrender, when a tenant gives back interest in the leasehold to the landlord. If a lease is longer than 21 years it will be registered at the HM Land Registry and therefore after a surrender the entry on the landlord's title will need to be removed.

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