Living Leases Opportunity or Liability? The Ethical Property - - PowerPoint PPT Presentation

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Feb 17, 2023 375 likes •605 views

Living Leases Opportunity or Liability? The Ethical Property Foundation Nationwide free property advice for charities and community groups Consultancy service providing strategic guidance and project management Property education

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Living Leases

Opportunity or Liability?

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The Ethical Property Foundation

Nationwide free property advice for charities and

community groups

Consultancy service providing strategic guidance and

project management

Property education campaign
Fairplace
Resourced via in-house property advice team and

Register of Property Professionals: Anthony Collins Solicitors

Free property resource guide via our website

www.ethicalproperty.org.uk

Charity Property Matters Survey 2016

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Today

What would you like to know
Approach to leasing
What are you looking for?
Taking occupation and understanding risk
Introduction to the Guide
Case studies
Questions

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Managing the market

Be prepared
Your outline brief should include:
Location
Type of building
Own v lease
Layout and design
Operational requirements
Standards
Sustainability
Financial
Property search and shortlist

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Agreeing commercial terms

Your outline brief will aid surveyors and

lawyers

It will save you money
Agents will not bother with the detail
Engage your lawyer before you agree terms

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Key messages from the experts

The first rule is risk - “how easy will it be to

assign/terminate the Lease?”

The second rule is capability - “is my
rganisation able to take this on?”
The third rule is affordability – “do we have

the funds to meet this obligation?”

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Living Leases

Guide to taking a commercial Lease
Contents of Guide
Purpose of Guide

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Preliminary Considerations

Trustees’ duties
Who does what
Due diligence

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Main Lease Clauses

Term
Service charge
Break clause
Repairs
Property
Alterations
Rent
Alienation

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Lease Clauses continued

User
Landlord and Tenant Act 1954

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Charity Law

Taking a Lease
Disposal
Trustees’ duties

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Case Study / Workshop

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What Happens Next

Alteration, adaptation, fit out to accommodate your operational needs

Lowest overall cost or cost certainty?

Cost

Fastest delivery programme or time certainty?

Time

Lowest quality to reduce capital cost or high quality

to reduce lifecycle cost?

Quality

Flexibility to change or certainty to avoid penalty?

Flexibility

Accept manageable risks, share or transfer risks?

Risk

Environmental responsibility or neglect?

Sustainability

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Live and work within your lease

Permissions
Adaptations
Annual maintenance – repair and replace
Responsible person
Health and safety
Insurances
Termination or renewal

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Establish processes for…..

Health and Safety
Utilities
Mechanical & Electrical systems
Cleaning
Waste
Furniture, Fittings, Equipment (FFE)
Security
Repair and Replacement
Business Continuity

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Case Study / Workshop

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Lessons from others and case studies

All Ethical Property Foundation

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Case Study – Wells House

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Summary and conclusions

Review of of issues raised
Feedback forms

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Any questions?

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Contact

Ian Parker – Ethical Property Foundation ian.parker@ethicalproperty.org.uk Tel: 020 7065 0763 Dominic Curran – Anthony Collins Solicitors, 134 Edmund Street, Birmingham, B3 2ES Email: dominic.curran@anthonycollins.com Tel: 0121 214 3632 Laura Mynott - Anthony Collins Solicitors, 134 Edmund Street, Birmingham, B3 2ES Email: laura.mynott@anthonycollins.com Tel: 0121 214 3687

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