Full Repairing and Insuring lease terms !!

D

danman3309

Hello all,
I am new to this and need some advice.
I have been looking to rent a shop property and every where they seem to be available on a FRI basis with rental reviews every 1 to 2 yrs or so.

Can you tell me pros and cons that come with signing a FRI lease?
What I need to look out for whilst doing an FRI?
When would really want a rental review?
Break clauses??

feedback is much appreciated.

Regards
prospective shopowner
 

*Lexxy*

Free Member
Sep 20, 2008
1,147
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East Midlands
these few results may or may not help, i'd also search on 'lease' in title.

best advice you'll get is to have a solicitor (commercial conveyancer?) to go through the paperwork as it's a potential minefield. without professional help, you could be agreeing to anything within the lease & unfortunately ignorance isn't a get out clause later down the line.
 
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If you have a copy of the paperwork, send me the lease over. (You will need to PM me for my email address).

I am a qualified surveyor by trade and I am more than happy to read through and give you some advice.

Don't sign anything until you have. Some unscrupulous landlords are using this market to shaft people and its not pretty.
 
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deniser

Free Member
Jun 3, 2008
8,081
1,697
London
In answer to your questions:

Can you tell me pros and cons that come with signing a FRI lease?

There are no pros. An FRI lease means that you will become liable for paying for the cost of repairs and insurance of the building of which your shop forms part, usually with the landlord carrying out the work and recovering the costs from you via a service charge. If it is a standalone shop you may be required to do the works yourself (which is better as you have control over the costs). This is the standard type of commercial property lease and it in unlikely that you will get any other type of lease unless it is a short term lease of services offices, that kind of thing, or a very short letting.

What you need to know is that a commercial landlord expects the building to "wash its face" meaning that the series of tenants between them will pay for the upkeep of the building with the landlord never having to put his hand in his pocket.

There are many ways to minimise your exposure, however, which is why is it important not only to instruct a solicitor before you make an offer but also a surveyor to check the condition of the building.

What I need to look out for whilst doing an FRI?

Lots of things, too numerous to mention but you could start by reading this:

www.squidoo.com/commercialleases

When would really want a rental review?

Ideally never - they are usually upwards only - but if your lease is 10 years, the rent review commonly comes at year 5 and 10 (if your lease is not "contracted out") and at 3 yearly intervals if your lease is for 5 or 6 years. If your lease is shorter than that the you shouldn't have one altogether.

Break clauses??

Definitely. Again this depends on the lease term you are agreeing but work out how long you could survive financially if the business failed completely and put the break clause at that point. This can often be 1 year for a new business.

Hope this helps.
 
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BristolBiz

Free Member
Nov 5, 2008
186
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Bristol
Please, do not even think of signing a commercial lease without legal advice, as others have said already. EG A simple phrase like "put and keep" will mean that you are legally liable to renovate the building to its original condition. A rent review is not in your interest. Breaks are.

If you find a site that you like, its well worth while talking to the neighbourhood - ask what they are paying, they should tell you, they won't want you to pay too much - that will cause their rents to go up at the next rent review. They may also tell you of any "local" issues that may be relevant.

Also, the market is in your favour at the moment - negotiate hard!
 
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gibby

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Sep 11, 2007
1,248
121
Edinburgh
as mentioned the market is in your favour & you can haggle as so many properties are sitting empty.

Due to the current economic situation I would be very careful before getting tied into anything. You could ask for a get out clause after x amount of time.

As suggested do take legal advice & personally I wouldn't sign anything personally but do it through a Ltd co setup.

G
 
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D

danman3309

as mentioned the market is in your favour & you can haggle as so many properties are sitting empty.

Due to the current economic situation I would be very careful before getting tied into anything. You could ask for a get out clause after x amount of time.

As suggested do take legal advice & personally I wouldn't sign anything personally but do it through a Ltd co setup.

G
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Thanks mate and everyone above for the advice. i havent got the lease paperwork yert...but surely appoi9nt a solicitior and surveyor to look at the paper and property.
can all slo shed some light on how I can be better off using a LTD co rather tahn a sole trader?

Thanks
D
 
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BDT279

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Mar 19, 2012
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0
This is an old thread, I know, but to pick up on Dan's last point... I'm presuming that by the lease being signed in the limited company's name then if the business folds then any liability would be torn up as the tenant (the ltd co) no longer exists?

This is a situation I'm looking into for a new venture and also wondered if anyone has any idea how landlords tend to view a newly formed ltd company as a tenant opposed to an individual or a company with a long trading history? If it helps, the landlord for the property I'm looking at are a housing association which are, to all intents and purposes, public sector.

Maybe I'm being naive but I would hope that they are, in general, easier to deal with than a private landlord?
 
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This is an old thread, I know, but to pick up on Dan's last point... I'm presuming that by the lease being signed in the limited company's name then if the business folds then any liability would be torn up as the tenant (the ltd co) no longer exists?

This is a situation I'm looking into for a new venture and also wondered if anyone has any idea how landlords tend to view a newly formed ltd company as a tenant opposed to an individual or a company with a long trading history? If it helps, the landlord for the property I'm looking at are a housing association which are, to all intents and purposes, public sector.

Maybe I'm being naive but I would hope that they are, in general, easier to deal with than a private landlord?

They will almost certainly ask for personal guarantees for a new Ltd.
 
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BDT279

Free Member
Mar 19, 2012
11
0
Cheers B

So, going back to a previous post in the thread, I'm presuming negotiating a break clause is crucial? Excuse my ignorance as I don't kwow exactly how these work but is it simply a window which allows me to walk away if things aren't working out as planned?
 
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Yup, a break is just what it says, a break in the lease when you can walk away or the landlord can boot you out. You may be able to negotiate a one way (in favour of you) break. Keep in mind though that you usually have to give six months notice that you will be taking the break so no point getting one in at just a year.
 
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