Commercial Contract

[poochieparlour]

Hello everyone,

My brother and I are in the process of establishing a food business (not related to Poochie Parlour, which is used by our sister). We have received a contract from the Landlord that used the RICS small business and retail lease template:
http://www.rics.org/Global/Small_business_retail_lease_guide_for_tenants_11072012_dw.pdf

We spoke to a solicitor today, who advised us it was best to start from scratch. The main points he mentioned were:

1. Defining property boundary (as we are only renting ground floor and there is a flat above).
2. Under clause 6.5 of the above contract, shopfitting and signage, would not be permitted
3. Whether to be an LLP or a simple partnership.
4. Common parts, neighbour disputes, etc...
5. Checks, commissioning searches and raising enquiries of the landlord

Really, our question is. Do we need a whole new contract (costing around £2,000) or can we just amend the existing contract, to suit or needs for free? Is it worth paying a solicitor for these checks and searches?

Any help would be appreciated.

Regards,
Sean and Mark (F J Cakes and Bakes)

 

[arcon5]

You don't necessarily need a contract from scratch but should certainly use a solicitor before signing a contract. The one you spoke to here has raised some very valid points.

Your second point in particular.

 

[The Resolver]

In reality you will not have the choice since the Landlord usually calls the shots and is not going to agree a wholly new form to the RICS one (unless the property is really hard to let, and been vacant for years in which case the prospective tenant is king).

6.5 seems odd since the notes make clear its for a lock up shop. Maybe you have been give the wrong template.

I can get you some alternative lower quotes for you if you wish- just PM me.