Kirkby and Diamond Chartered Surveyors regularly act on behalf of both landlords and tenants in respect of issues relating to commercial property.
Rent Reviews
Kirkby and Diamond will negotiate the rent review for a Landlord or Tenant, being very familiar with all of the issues that arise around rent reviews. The surveyors / valuers are experienced at negotiations and regularly act as Expert Witnesses within arbitrations and references to Independent Expert.
Lease Renewals
The lease renewal process can be complicated. Kirkby and Diamond can provide advice based on many years of experience in negotiating lease renewals of shops, offices, factories, industrial and many other types of property. This ranges from advice to a landlord or tenant in the last twelve months of the lease, to the steps of the court room should a hearing be necessary.
Repairs
As a lease nears termination, landlords and tenants both have to consider the costs of putting a property into good order to comply with the repairing clause under the Lease. Kirkby and Diamond can prepare Schedules of Dilapidations (a list of works required to the property) or, on behalf of a tenant, can defend a Schedule of Dilapidations. Negotiations will either produce a cash payment, or an agreed list of works to be done and can involve supervision of the remedial works.
Service Charge
Service charges can be a serious issue between landlord and tenant. Kirkby and Diamond Surveyors can advise landlords on a maintenance schedule and budgeting for future expenditure. The firm can undertake works as necessary as part of a management role and can formulate service charge budgets and certificates at the end of a financial year.
Kirkby and Diamond surveyors can advise tenants on whether or not the service charges are reasonable and in accordance with good practice.
Arrears
If a tenant is in arrears, Kirkby and Diamond valuers / surveyors can advise landlords on the various options for collection of arrears, including negotiating with the tenant. The firm can advise on the legality of intended courses of action and the alternatives relating to surrender or forfeiture.
Surrender / Forfeiture
These are really quite rare in the commercial property market - A surrender can be negotiated by agreement where a tenant needs to leave a property before the end of the lease. Forfeiture, is the ultimate sanction where the Landlord needs possession of a property for arrears of rent or other substantial breaches of the covenants. Kirkby and Diamond can advise landlords and tenants on their options, dependent upon the terms of the lease contract.
Assignment / Lettings
Where there is a long lease in existence and tenants need to move on, Kirkby and Diamond can advise them on the possibilities of assignment or subletting. Kirkby and Diamond help with obtaining landlord’s consents and generally guiding either a landlord or a tenant through what can be a complicated process.
Schedule of Condition
Schedules of Condition are prepared at the commencement of a lease with the express intention of reducing a dilapidations claim at the end of the lease. The Schedule of Condition limits the responsibility to repair the property to that evidenced in the Schedule.
The enforcing of lease obligations can be a nightmare for landlords where the tenant does not comply. Kirkby and Diamond, as experienced valuers and surveyors, can advise landlords on the best way of ensuring that their property is kept in repair and income flow is maintained.
Negotiations
Business is a changing world and the property that suited a business at year one of a lease may not suit it in year five. Throughout many lease situations, there is a need for negotiation of a variation of terms or amendments or alterations to the property to fulfil the changing requirements of a business. Kirkby and Diamond are highly experienced in undertaking such negotiations on behalf of both landlords or tenants.