click below
click below
Normal Size Small Size show me how
Com & Res leases
Valuations
| Is there a set Layout/ content for a commercial lease | no there is no set layout all of them differ |
| Com leases usually cover what | Rent due, renewal rights, termination rights, ability to transfer/sublet lease, regulation compliance, repairs/ costs |
| is it a requirement for tenants to register commercial lettings | it is a legislative requirement for tenants to register their letting to the PSRA within 30 days of receiving the stamp duty cert. |
| who produced the commercial lease register | the commercial lease register was produces by the PSRA as a result of the property services (regulation) act 2011 |
| what information does the register include in respect of all commercial leases entered into since Jan 1st 2010 | The address of the commercial property the subject of the lease; the date of the lease of the property the terms of years of the lease the rent payable in respect of the property |
| For leases entered into on or after 3 April 2012, the Act imposes an obligation on the tenants of such properties, to furnish the following additional information to the PSRA: | The Commencement Date of the Terms of the Lease; Any Capital Contribution Paid in respect of the Property; The Frequency of Rent Reviews; Liabilities, such as: Rates, Insurance, Service Charges Repairs; |
| Any Particulars of the lease affecting transparency and value, such as: | Rent-free Periods, Fitting-out Time, Fit-out Allowances Capital Considerations, Particulars of any Break Clauses. |
| Contents of Lease: Rent due | Rent is usually fixed. Rent is usually market driven. Until next rent review/end of lease These happen every 3 to 5 years Upward only rent reviews have been prohibited going forward from 28 February 2010. |
| when do tenant gain the rights to stay on | Tenants gain rights to stay on/renew the lease if they have been in occupation for 5 years or more |
| is it possible for the for the tenant to renounce the right | It is legally possible for the tenant to renounce the right, unlike in residential tenancy agreements, where the Part 4 rights supersede this. |
| in commercial leases what is the termination for tenants | The tenants usually have no termination rights, unless they have a break clause in the lease |
| does the break clause allow the tenant to terminate the tenancy | A break clause is a clause in a tenancy agreement that provides both tenant and landlord the opportunity to terminate the tenancy agreement early during the fixed-term. |
| is there any other reasons a tenant may terminate the lease if so what | a tenant may also have a right to terminate the lease where a premises has been damaged & the landlord has not fixed it (depending on the lease) |
| what reasons can a landlord usually terminate a lease | Tenants not paying their rent Tenants breaching a covenant of the lease Using the property for something other than its allowed use. Tenant must be given a timeframe to remedy the situation before termination. |