David Marsh, lease renewal of Unit 4 Kestrel Yard
Details
- Client or matter: David Marsh, lease renewal of Unit 4 Kestrel Yard
- Date and time: Not stated
- Attendees: Rachel Okafor (solicitor), David Marsh (client)
- Type: Telephone call
Purpose
David Marsh called about the heads of terms the landlord's agent sent for a new lease of the bakery at Unit 4 Kestrel Yard.
What the client said
- Confirmed that the current lease ends on the 30th of June.
- Said the landlord's agent sent heads of terms yesterday for a new ten-year lease, with the rent going up from 24,000 to 28,500 a year.
- Said the break clause at year five is for the landlord only, and that he wants a break for the tenant too, in case the business has to move.
- Said the landlord wants a deposit of six months' rent.
- Said he has been there eight years and has never paid late.
- Asked whether to push back on the rent, and what the work will cost.
- Agreed to the estimate of 2,500 plus VAT, and instructed the firm to go ahead with the renewal.
Advice given
- Advised that a tenant break at year five is common on a ten-year lease, and to ask for a mutual break on six months' notice.
- Explained that the landlord will want conditions on the break, such as the rent paid up to date, and that these should be kept as light as possible.
- Advised that the rent is a commercial point and his decision, and to ask the agent how they got to 28,500. If similar units nearby are cheaper, he has something to negotiate with.
- Advised asking whether a deposit of three months' rent will do, as landlords often agree when the tenant has a good record.
- Said the firm will make sure the new lease is not contracted out of the 1954 Act, so he keeps his right to renew when it ends.
- Estimated the cost of the renewal at 2,500 plus VAT, to be set out in the engagement letter.
Agreed next steps
- Email the heads of terms to Rachel (David Marsh, this afternoon)
- Review the heads of terms and send the points to raise with the agent, with the engagement letter (Rachel Okafor, by Friday)
Time spent
0.2 hours (12 minutes)
Time entry
Telephone call with David Marsh re lease renewal of Unit 4 Kestrel Yard; advised on a mutual break clause, the rent and the deposit; agreed to send the points to raise with the agent by Friday.