<div id="myExtraContent1"> </div>
<div id="myExtraContent5"> </div>

Ajax Loader Gif

My Client-Landlord bought the freehold investment at auction in 1977 for approximately £24,000. The property is on ground and first floors and is let to HSBC Bank plc. In 1993, the Bank exercised an option in the lease to extend for a further term of 14 years and I negotiated the rent. The option required grant of a lease on the same terms and conditions, other than rent, and I successfully reasoned that because the old lease had fixed increases in rent at 7 yearly intervals so too should the further term.

In 1985, during the demolition by B & Q, developers, of the former British Glacier factory buildings on the neighbouring site for a new d-i-y retail warehouse, it was discovered that the back wall of my Client's property belonged to B&Q, not my Client. I negotiated acquisition of the wall from B & Q and then variation of the tenancy to the Bank so as to include the wall in the demise.

In 2007, I negotiated renewal of the tenancy at £23,000 pa for a term of 5 years. In 2010, the tenancy was restructured for a further term of 10 years, with a rent review and tenant break clause.
I act for the Landlord, the tenant is HSBC plc, which also leases adjoining premises at 74 High Street and which is owned by a different landlord.

I deal with rent reviews and matters arising.
sbedford (1 of 1)

Arranged on basement, ground and upper floors, the entire property, which adjoins its store, is let to Debenhams.

For the Landlord, I dealt with the December 2008 rent review. In December 2008, the market was at its worst. Despite the Tenant’s Surveyor’s opinion the rent should be considerably lower, I recommended referral and acted as advocate. The Independent Expert determined the rent at about the same as the passing rent.
Birkenhead - Rock Ferry - Turner Building -  (021 of 036)
For the Landlord, I negotiated the 2008 rent review of a 20,000 sqft warehouse/trade counter with first floor offices with just over 0.6 acre open land.

The Landlord had started negotiations and thought agreement reached with the tenant’s surveyor, subject to memorandum, but the following change in personnel the tenant back-tracked and wanted nil increase and referred the matter to an Independent Expert. I negotiated an increase without involving the appointed Expert.
The tenant’s surveyor had agreed valuation areas with my Client, but following my inspection, I found the premises were larger, so the tenant’s surveyor revised his figures!
I am now dealing with the 2010 review. The tenant has instructed another surveyor. The same Independent Expert has been appointed.


No. 45 is let to Marie Curie (charity shop), and No. 51 to Tyler Goodchild, optician.

I act for the Landlord and deal with rent reviews and tenancy matters arising. When the owner of an adjoining building sought my Client's consent to allow an easement for the electricity supply, I advised on the terms and conditions of the deed with Eon.

During negotiations for the 2006 rent review for 51, I discovered that unbeknown to my Client the tenant had allowed into occupation another party purporting to be the tenant. I negotiated lawful assignment of the tenancy. I am dealing with the 2011 review.
I act for the Landlord. The property is in one of the best trading positions in Collier Row Road, I advised on the letting to Help the Aged and subsequent assignments including change of use to a greeting cards shop. I arranged sale of the separate flat above by auction. For the 2010 rent review, an increased has been agreed: my devaluation is Zone A £35.51
Dudley - High Street - 66-67 -  (012 of 012)
A 9000 sqft building on basement, ground and upper floors, the property was let to JJB Sports plc and is one of the latter's shops in the CVA.

For the Landlord, I advised on the 2006 rent review and the CVA claim. The 2006 review was referred to an independent expert for determination, but abandoned when the CVA was approved. I dealt with the CVA claim and negotiated the fees payable to the expert as part of the CVA claim.
Eastleigh - Market Street - 90 (8 of 12)
I act for the Executors, having acted for the Landlord for more than 10 years on rent reviews and tenancy matters arising.

The premises, shop and flat, were let to Three Cooks but after the tenant went into administration the lease was disclaimed.

When the Landlord died, I was instructed by the Executors to provide a probate valuation. My valuation was accepted by HMRC.

I arranged for a local estate agent to offer the premises to let, processed offers, and provided an appraisal of the long-term investment potential.

Following a change of policy by the Executors, which included a recommendation from me that was disclosed to the beneficiaries, I arranged sale of the freehold interest with vacant possession by auction in December 2010 through Barnett Ross. Two offers were received prior to auction and the property fetched approximately 10% more than the guide price, completion after three weeks.

The sale will result in a reduction in IHT.
Gorleston on Sea - High Street - 113-115 -  (010 of 050)-2
I act for the Landlord. In 1998, I let the premises to the tenant and have dealt with the subsequent rent reviews at 5 yearly intervals.

For the 2008 review rent, the Tenant wanted to agree nil increase, whereas I was adamant the rent should go up, so the Tenant confidently referred the matter to an Independent Expert for Determination. The Tenant's Surveyor asserted nil increase, reasoning the market rent is considerably lower than the passing rent, but I reasoned various factors in support of an increase. The Independent Expert agreed with me, so despite some end-allowances, the rent was increased, and is based on Zone A £27.50.
For the Landlord, I provide lease advice and handle matters arising.

No. 30 - In 2001, I negotiated restructuring of the lease to Oxfam so that the flat above was surrendered to the landlord. In 2006, Oxfam did not renew its tenancy on expiry so I handled the dilapidations claim and arranged new letting of the shop to UK Pet Centres. The rent devalues to approximately £44.75 Zone A which is one of if not the highest rent in this part of the parade.

No. 32 - The entire property (shop and flat) was let to O & H Properties Ltd which in turn had sub-let the flat and shop separately. In 2007, I advised on the dilapidations claim, requiring the Lessee to carry out major repairs to the structure. I negotiated renewal of the tenancy of the shop and that is now let on lease outside the Landlord and Tenant Act 1954.
My Client is the Landlord of 376 and 390 Long Lane. I advise on rent reviews and tenancy matters.

376 is let as an off-licence and as a sub-post office, on two separate leases to different tenants. 390 is let to a funeral director.

When 390 was let, it was agreed that the rent payable would be inclusive of VAT - a funeral director cannot recover VAT on all its services - and for as long as the first tenant was in occupation the rent payable on review to market rent, (subject to an upward-only provision) would not be the market rent exclusive of VAT but inclusive. Unfortunately for the tenant, the concession was incorporated in the wording of the review clause rather than shown as a separate arrangement. At the 2008 review, the market rent exclusive increased but in consequence of the increase in VAT rate the actual rent receivable by the landlord after January 2011 would be lower. I advised the landlord to deregister the property for VAT so that the market rent exclusive of rent would be payable.
I am managing agent for the Landlord. For many years, the property, a shop and flat, was let to Forbuoys newsagents. In 2005, following negotiations for renewal at around £15,000 pa, Forbuoys did not renew. I arranged letting to an established local hairdressing business for 15 years at £20,000 a year.
Ledbury  (23 of 1607)
For the Landlord, I provided an estimate of rental value in readiness for a 2011 rent review and have served notice to implement.
London E13 - Green Street - 384 -  (001 of 001)
Acting for the Landlord, 384 Green Street, Upton Park, London E13 is let to Boots and I obtained approximately 31% increase at rent review 24 June 2008. 

In a corner position, at the junction with Harold Road, and close to Upton Park Station, the property is a ground floor shop with ancillary space on two floors above. It also has on-site parking for 1-2 vehicles in its own yard. The trading position is amongst the finest, with Peacocks, Iceland and Tesco Metro a few doors along in the same parade. 

The review was referred to arbitration. In my submission, I opined Zone A £60. During the proceedings, evidence of the letting to Habib Bank in the same parade was examined in detail and I suggested 10% deduction which reduced the Zone A to £54. So, whilst I think the award at Zone A £50 a little low, because Zone A £60 had been achieved nearby, at the end of 2007, involving an unrepresented tenant; and local opinion suggested around £70 elsewhere, gathering the evidence into a form suitable for carrying much weight or meaning was not possible, so I was unable to comply with the arbitrator's directions in some respects. Upton Park is notoriously an area in which reliable and/or meaningful evidence is hard to come by. 

The tenant's expert witness surveyor was of the opinion the rent should not increase and cited evidence of 2005 reviews at Zone A £38.75 in the same parade. I disagreed with that as evidence, because it involved large stores which, in my experienced, are normally valued overall, rather than in zones. Also, a contention that because Zone A £41 had been agreed a year before letting the premises to Habib Bank was discounted, because it is not unusual for a negotiated settlement to be less than the Zone A level after exposure to the market. 

The investment remains slightly reversionary, because, assuming all other factors remaining constant, on expiry of the lease in 2013 a 5% allowance for the hypothetical term would not apply, so the rent would go up by another £2000 pa or so. 

There are 4 advertising panels on the return frontage for which at previous reviews the tenant had resisted paying. This time, I got £250 a year.

Also, I managed to convince the arbitrator that evidence of rent on a sale-and-leaseback, when the investment is offered for sale in the open market, must contain some element of realism, so should not be disregarded. Since HSBC had sold at auction a leaseback of its branch at 349 Green Street in March 2007, the Zone A rate was assessed at £45 Zone A.  

My Client bought the investment in 1988 when it was offered for sale by auction on a sale-and leaseback, with 5 yearly rent reviews. Because of the difficulty over the years experienced by other landlords and their surveyors, not just me, in finding hard evidence because of a paucity of new lettings to show proper increase, the rent has never previously gone up by much. Although the revised rent is just over double what it was in 1988 and at each review there has been some increase, this is the first time since 1988 the rent has been assessed objectively and the increase approximately 30%
On my recommendation, my Client-Landlord bought the freehold investment, ground floor shop with ancillary first floor, at auction in 1985 for about £100,000, at which time the premises were let to Reed Employment Agency at £7500 pa with 7-yearly rent reviews.

In 1986, I negotiated the rent review to £8850 pa, then again in 1993 to £13,500 pa and again in 2000 to £18,625 pa.

In 2002, I negotiated surrender of Reed's tenancy and a new lease was granted to Grove Leisure for a term of 25 years at £20,000 pa with 5 yearly rent reviews. I negotiated the rent review in 2007 and the revised rent was stepped over the review period and is currently £27,500 pa.

In 2010, I advised on an application to assign to another amusement centre operator.
Islington - 15 Hoxton Market - 1
For years, I have acted for the Landlord dealing with rent reviews, tenancy advice, valuation for probate and agreeing the value with the Inland Revenue. I advised on the letting to The Real Greek restaurant, and am Managing Agent.

In 2010, I was instructed to advise the Landlord of the adjoining premises, 13-14 Hoxton Market, which is also let to the Tenant of No.15.
London N1 - Upper Street - 315-316 -  (7 of 8)
The properties comprise two adjoining buildings, each on ground and basement, with self-contained flats above, and in the same parade as a Sainsbury’s Local. For the Landlord, I negotiate rent reviews and provide lease advice for matters arising. I have settled the 2011 rent reviews, achieving healthy increases.

Other properties I have dealt with in Islington include 1A Florence Street, 274 and 275 Upper Street, and 104 Islington High Street.
London SE18 - Powis Street - 71-77 -  (001 of 003)
The property comprises a 52,000 sqft store occupied by New Look.

My Client, the superior Landlord, owns the freehold of the front section of the property, a ground lease for a term of 999 years of the back section and 99-year lease of the middle section. The middle section is built on a raft over the railway tracks and the rent for that section is a percentage of the entire property. My Client leases the whole property to Powis Street Estates which in turns sub-lets to New Look.

The 99-year lease has rent reviews every 21 years and the lease between my Client and Powis Street Estates also contains rent reviews at 21 year intervals.

For the 1995 rent review, when the store was let to Littlewoods, the review was referred to arbitration, the arbitrator was a senior partner of Jones Lang LaSalle. Littlewoods was represented by a partner of Healey & Baker (now Cushman & Wakefield). In the respective submissions, we considered the rents of stores throughout Greater London. The Award was at almost the same rent as I had originally proposed.

For the 99-year lease review, where my landlord-client is the tenant, other factors were involved reflects differences in the leases. To minimise the proposed increase in rent, I had to research the development history of the building including obtaining copy documents from the solicitors that had acted for the original landlord in 1974.
London W3 - Old Oak Common Lane - 82 (5 of 18)
I act for the Landlord. The property, which has A2 use, was originally let to Midland Bank and subsequently to William Hill in 1999. I have dealt with all rent reviews and tenancy issues. In 2009, I concluded the 2004 rent review and am now dealing with the 2010 renewal.

My Client used to own 51 and 53 Old Oak Common Lane. For another Landlord, I dealt with the review at 4 Western Avenue when those premises were let to National Westminster Bank.
The properties two adjoining shops with basement and residential accommodation above. For the landlord, I have dealt with rent reviews and provided on-going advice.

At present, I am dealing with 2010 and 2011 lease renewals. Terms have been agreed in principle, subject to completion of the documentation.
The property comprises shop and offices on ground and basement, and self-contained residential flat on the upper floors.

The property is let on two leases to the same tenant. The original tenant is a housing association.

For the Landlord, I have dealt with the rent reviews every 5 years since 1984 and am at present dealing with a privity of contract claim, including service of s17 notices, and matters arising.
The properties comprise a trade counter/warehouse and open storage land.

For the Landlord, I deal with the rent reviews and matters arising.

Both tenants, McDougall Rose, (an ICI company), and Tobys have been in occupation for years.
The tenancies were renewed in 2008. The property has long-term redevelopment potential.
My Client-Landlord owns a parade of ground floor shops with separate flats above. The Landlord used to occupy the largest shop for his business and bought the building at auction. The premises previously occupied by the Landlord are let to the buyer of the Landlord's business.

I am Managing Agent for the shops and advise on rent reviews, lease renewals, and tenancy matters arising.

Recent advice included a surrender of a tenancy where the multiple-retailer tenant wanted to assign the residue of its lease, for which there would have been no objection, but I said that renewal of the tenancy to any assignee would be opposed under the 5-year rule. The surrender consideration was statutory compensation per the Rateable Value of the shop plus a nominal amount for the flat.
In 2011, a tenant asked for permission to sub-let part of its premises, even though the lease prohibits sub-letting part. I have negotiated terms including a variation on the rent.
For the Landlord, I am dealing with the 2009 rent review. My Landlord-client also owns other shop properties nearby.
Pontypridd - Bowls Hall and Car Park -  (004 of 045)
Acting for the Landlord, in connection with a 2008 rent review in a ground lease referred to arbitration. I acted in a supporting role to a chartered surveyor who specialises in car park rents. My role included advice on the effect of a long-lease on the review, interpretation of the user clause, and the valuation of the buildings.

I also advised the Landlord on the wording of a deed of variation.
Langley - Ditton Road - Marriott Hotel (9 of 29)
For the Freeholder, I am advising on matters involving the ground lease.
Acting for a Landlord, I negotiated 10% increase at September 2008 rent review in a lease which has an upward or downwards rent review clause.
I act for the Landlord. Originally, the property was a ground floor shop with residential accommodation above, let to one tenant.
When that tenant did not renew its lease, my Client converted the residential accommodation into two flats and which were then sold off on long leases. I advise on the expiry, the letting and subsequent restructuring of the lease of the shop to the present tenant t/a Caffe Mimmo. I dealt with the 2010 rent review and obtained an increase.
I act for the Landlord and the investment (shop with flat above let to one tenant) was bought at auction. The tenant went broke, following which my Client sold off the flat. The ground floor shop was let to a hairdresser, having several branches. Part of the premises was shared with a complementary business. When the hairdresser wanted to retire, the lease was assigned to another hairdresser and circumstances at the time involving my Client enabled the tenant to circumvent my involvement and go ahead with the assignment without having the matter properly dealt with. In the event, the assignee went broke whereupon I advised the Landlord on the privity of contract claim, a possible reletting of the premises to the business that had shared the premises, and a reletting to a new tenant, now trading as Courtyard Hairdressing.
Welwyn14 (1 of 1)

The Landlord bought the property at auction, the tenant, T & S Stores, trades as Tesco Express. The investment was bought with the 2006 rent review outstanding and I was instructed. The tenant's surveyors were emphatic at nil increase so I arranged referral to an independent expert. The determination resulted in an increase in rent of approximately 13% net of valuation allowances.


Since then, I have advised on application for a licence to alter for an ATM.