Cooke & Arkwright is highly experienced in landlord and tenant matters. It deals with lease renewals, rent reviews, expert witness and arbitration/independent expert appointments for major clients, not only in the commercial property sector but also with regard to rural property. Knowledge of the legal background and up to date market intelligence is important and leads to the most advantageous outcome for clients.
Michael Lawley BSc. FRICS MCIArb
Andrew Gardner BSc. MRICS Director
Huw Thomas BSc. MRICS Associate Director
Huw Jones BSc. MRICS Senior Surveyor
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Tel: (029) 20 346346
With the growing trend towards shorter leases, lease renewals are more frequent and demand an all round view to be given, not only on the appropriate rental level, but also on the wider lease terms which ultimately dictate that rent. Changes in court procedure mean that lease renewal progress needs to be carefully monitored and momentum maintained. The possible use of procedures such as PACT (Professional Arbitration on Court Terms) may need to be considered.
Cooke & Arkwright undertake a large volume of rent reviews for both landlords and tenants across a full range of retail, office, industrial, rural and miscellaneous property. Cooke & Arkwright staff are well versed in the current legal background and recent legal developments as well as having the market intelligence which the scale of the Cooke & Arkwright business provides. Its successful track record for public, institutions and local private clients speaks for itself.
Cooke & Arkwright’s Chartered Surveyors often act as expert witnesses/advocates in references to third party surveyors where the parties have been unable to agree a new rent in a rent review. Such work is undertaken in accordance with the RICS Guidance Notes for Expert Witnesses and draws heavily on the experience and track record of the firm and its senior staff in such matters. This work is normally by way of written representations but can include oral hearing cases.
Leases more frequently have break clauses and clients often want advice at an early date before break clauses become effective in either parties favour. Cooke & Arkwright can help to develop the strategy to be adopted where such break options exist.
An important aspect of many landlord/tenant relationships is the service charge and its correct administration. Cooke & Arkwright’s management surveyors are frequently called upon to advise on service charge administration within the terms of the lease for either landlord or tenant, and can provide the analysis and insight needed.