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Knight Frank Landlord and Tenant UK - Our Services

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Rent Reviews

  • Advice on the securing of the best possible result on your rent review needs to be tailored to the facts of the case, having particular regard to the rent review provisions set out in the lease. That advice will need to address technical and legal issues as much as market evidence and conditions and it is the combination of these skills that best describes Knight Frank's approach to this specialist field.
  • Where disputes occur on interpretation of rent review provisions, market evidence, or what is to be valued at rent review, rent review clauses typically provide for referral to an Arbitrator or Independent Expert (referred to as the Third Party). We are very experienced in preparing expert witness reports setting out key issues and evidence to Arbitrators and Independent Experts and advising clients on the best way to mitigate cost exposure at third party.

Lease Renewals

  • The expiry of a lease offers landlords and tenants the opportunity to consider whether they wish to agree a new lease. In England and Wales this falls within the statutory framework of Part II of the Landlord and Tenant Act 1954 (unless at the outset of that lease the parties had jointly excluded the lease from the security of tenure provisions). Specific timetables and requirements apply for the serving of notices and applications to court - it is essential that these timetables/requirements are followed. Failure could be fatal and the consequences irreversible. In some circumstances, compensation applies where landlords are not prepared to agree to a lease renewal. We are able to advise on the level of compensation and any eligibility to pay or receive such sums.
  • In Scotland , there is no major legislation affecting the landlord tenant relationship, and no security of tenure at lease expiry. Lease renewals are freely negotiated, and we have wide market knowledge, and the negotiating skills, to obtain the best outcome.

Arbitration and Independent Expert Referrals

  • Where disputes occur on the interpretation of rent review provisions, market evidence or what is to be valued at rent review, rent review clauses typically provide for referral to an Arbitrator or Independent Expert. We are very experienced in preparing expert witness reports to Arbitrators and Independent Experts and advising clients on the best way to mitigate cost exposure at third party. It is important that expert witness reports comply with relevant RICS Practice Statements.

Leasehold Reform

  • New reforms have radically changed the tried and tested procedures and requirements of the Landlord and Tenant Act 1954 applying to lease renewals on commercial property. Knight Frank's Landlord and Tenant team can advise on the substance of these reforms and how they impact on particular circumstances.

Dilapidations

  • Items of disrepair can give rise to a claim for damages. Under the provisions of a typical lease, the parties agree how the tenant should yield up the premises, including the state of repair, redecoration, maintenance and the removal of tenant's alterations. At lease expiry, a substantial liability can arise which can be resolved by remediation/reinstatement or by a capital payment to the landlord, depending upon the individual circumstances.
  • Section 18 of the Landlord and Tenant Act 1927 limits the tenant's liability and this is an area of law that some parties are not fully aware of. Section 18 can provide, under some circumstances, a defence against sizeable dilapidations costs. In conjunction with our Building Surveyors, we are experienced in advising on the dilapidations liability at the expiry of a lease and in the preparation of Section 18 valuations.
  • In Scotland , no such provisions apply. Our building surveyors have considerable expertise in this field, and regularly assist on lease renewal discussions, where dilapidation settlements depend on the terms of the lease, and common law.
  • Where properties are sublet it does not necessarily mean that the headlessee can recover full dilapidations from the subtenant and a clear understanding of the dilapidations liability of each of those two parties is essential.
  • In the event that a satisfactory settlement cannot be achieved by negotiation, then the matter can be resolved through the courts and we have an established track record in this area.

Expert Witness and Dispute Resolution

  • Our professionals are regularly appointed by the RICS to act as Arbitrators or Independent Experts.

Lease Restructuring

  • It can suit landlords and tenants to restructure leases during the term, perhaps in advance of a break option or lease expiry, to mutual benefit. There can be substantial improvement in investment value generated by lease restructuring and it can remove onerous clauses or create flexibility. It can also support business planning for occupiers and it can unlock opportunities to refurbish or address other building issues at the same time. We are highly experienced in this activity and welcome the opportunity to investigate such options.

Property Litigation

  • Given that every lease is individual, it is inevitable that disputes arise from the different interpretation of lease provisions or liabilities, or perhaps from the failure of a party to comply with statute, such as the service of notices. We have considerable experience of working with litigation lawyers and obtaining legal opinion to advise clients on specific issues, such as those that arise through the interpretation of rent review clauses.
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