Lease renewals

Business tenants have a right to renew leases under the Landlord and Tenant Act 1954 (unless they have specifically contracted out).
Generally a Landlord will serve notice on the Tenant terminating the lease and stating whether or not it will oppose a new lease. Both parties appoint valuers who negotiate the terms of the new lease including the rent.
 
Failing agreement, the tenant may apply to the Court for a new lease. There are strict time limits for formal notices which should be served by solicitors.
 
Arbitration/Independent Valuation
Should the review or the renewal be referred to a third party, the valuers make submissions as to rental value followed by counter submissions with arguments against the other party’s submission.
The arbitrator/independent valuer inspects the property, requests any further information required and determines the level of rent. In complex cases, there may be a formal hearing.

An arbitrator makes a judgement based upon the submissions. An independent valuer may, additionally, use his or her own professional knowledge.
 
It is important to appoint a valuer as early in the process as possible and before initial notices have been served.

The valuer needs to carry out thorough preparation and research.

Correct measurement of floor areas in accordance with the Code of Measurement Practice is essential. Tenants’ improvements have to be identified and the lease read in detail to ascertain any restrictions which may reduce the value.
The review/lease renewal procedure has to be carefully considered to formulate a strategy.

Knowledge of the local letting market is essential.

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