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uliusz Wodzianski, partner and commercial property lawyer based in West London, IBB Solicitors discusses what should be considered by a tenant when taking a lease on a new build commercial property. For more information on commercial property and leases please visit: http://www.ibblaw.co.uk/service/commercial-real-estate
Many of the considerations that apply to taking a lease of any building would apply to a lease of a new building. The key difference relates to:
1. The repair and service charge of the building
2. What the tenant is to be liable for
The general position is that the tenant will have a full repairing obligation. Therefore to mitigate that we either provide for:
An exclusion in the lease for the tenant's responsibility to repair or a full package of warranties from the building contractor and the professional team by which they undertake that responsibility to the tenant.
The other prime concern is to exclude, from the service charge provisions, any cost that the landlord itself may incur in rectifying any decision defect in other parts of the building.
What are the tenant's key considerations in the management of a property?
It is very important for the tenant to ensure that it meets all its obligations under the lease at the appropriate time. From this point of view it is very helpful for the tenant to have a diary so that it receives a prompt at the appropriate times. The main ones to consider are:
1. The payment dates for the rent
2. The payment dates for the service charge
3. The payment dates for insurance
4. Dates for the decoration of the property
5. Rent review dates
6. Any other property specific dates
So whether you are acquiring, disposing of, developing, managing or funding commercial property, we can help. Call our experienced commercial property solicitors for expert, impartial and professional advice on 01895 207285, or email us at CRE@ibblaw.co.uk. Alternatively please visit http://www.ibblaw.co.uk/service/comme...
For further information please see the respective pages below:
Commercial Property Finance
Commercial Property Development
Commercial Property Investment and Management
Commercial and Business Leases
Commercial Land Development and Purchase: Advice for Developers
Heads of Terms in Commercial Real Estate Transactions
Commercial Property Lawyers: IBB Solicitors, Capital Court,
30 Windsor Street, Uxbridge, Middlesex. UB8 1AB