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We have put your frequently asked questions on property to our advisers at Fifield Glyn, a commercial chartered surveyors, property consultants and real estate valuers.
1. My landlord is trying to get me out, what should I do?
Most tenancies of business premises have protection under the Landlord & Tenant Act 1954 and therefore tenants should have an automatic right to renew their lease. Landlords do have certain rights to take possession, although these are limited. We advise that professional advice should be sought immediately upon receipt of any notices from your landlord.
2. I'm concerned that my business rates are incorrect, when will they be officially reviewed and can I request my own review?
The Valuation Office Agency (VOA) publishes a Rating List of all commercial premises throughout England and Wales every five years. The most recent list was published in 2005, so the next one is due in 2010. The Rateable Value is calculated using reference to various factors including the premises' site condition and Open Market Rental Value. You may consider that the Rateable Value is excessive, in which case there are certain grounds of appeal which can be made to the VOA and it is recommended that professional advice is sought from a firm of Chartered Surveyors who will advise you on the likely success of any appeal.
Members of the FPB benefit from our FREE rates appeal service, click here for more information. 3. Do I qualify for small business rate relief?
Small Business Rate Relief is available to businesses with a Rateable Value of up to £5,000, in which case the business would receive 50% Rates Relief. There is a decreasing sliding scale where Rateable Values are above £5,000 and up to £9,999. Relief is only available to rate payers who occupy a single property or a main property and other additional small properties with Rateable Values less than £2,200. We recommend that you discuss your business's position with your local Charging Authority to see whether your business qualifies.
4. I have been operating my business from home and I'm now looking at leasing business premises. Once I've found a suitable location, what should be my next steps?
We always recommend you seek the advice of a professional firm of Chartered Surveyors before entering into any purchase and, particularly, a lease of commercial premises. There are many pitfalls that can surface later on, such as repairing liabilities and dilapidations, which should be addressed before any commitment is made.
5. Our landlord's service charges are very high. How can I check that they are correct?
Most leases provide for a Landlord to give each tenant a Certified Service Charge Certificate each year detailing precisely the expenditure a landlord has incurred and charge back to the tenant. The terms of your lease will set out the requirements of a landlord and what is and is not chargeable.
6. Our landlord has given us a lease to sign. Is it necessary to have it checked by a solicitor?
The wording of a lease affects precisely a tenant's liability and we always recommend that you seek advice from a Solicitor before signing any document.
7. Our business is moving into a new leased property. We're putting up partitioning, will this affect our rates?
The erection of demountable internal partitioning should not affect rates. However, improvements such as air conditioning may be taken into account by the Valuation Office Agency and your Rateable Value may be reviewed.
About the author
Fifield Glyn is the FPB's adviser on property. They have a team of specialist surveyors in the areas of valuation, rent reviews, leasing, investment, management, disputes and business rates. FPB members can speak to any of our professional advisers for advice on any issue affecting your business free of charge by calling the member helpline on: 0845 130 1722.
Note: This information is intended to be used as a guide only and Fifield Glyn accept no liability for its contents. It is recommended, if you are uncertain about any aspect of the above, that you seek professional advice.
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