When it comes to leasing and managing a commercial or retail property, every lease contained in the property or tenancy mix is likely to be different in covenants and clauses. For this reason the property manager or leasing manager must read the lease before they act on or enforce occupancy situations.
Most commercial or retail leases have covenants that are separate requirements on the lessor and the lessee. On that basis they should be found and read so that any issues can be enforced or addressed as the case may be. Outstanding covenants or matters of lease compliance should be addressed in a timely way and particularly before any sale situation for the property.
Critical Dates
Some of these covenants will be time or task specific; in other words they have to be done in a particular way and by a particular time. That being the case the individual items or covenants should be checked for compliance and conformity. Fix matters before they get out of control or beyond the critical dates.
To help you here are some typical covenants to check out:
- Provision for refurbishment of the property or the tenancy by the tenant or the landlord. It is common in longer leases that a clause like this will oblige a party of the lease to upgrade or renovate the premises in a particular way.
- Rent review dates and implementation should always be checked. It is quite common for landlords or property managers to overlook rent review dates. In some cases, time may be of the essence and may not allow you to implement an old overlooked rent review.
- Many leases have insurance provisions passing the risk of certain factors of the property to the tenant. Make sure that the notices of insurance and certificates of currency are up to date and suitably supplied.
- The option dates for renewals of lease may be time critical. In some situations they are also legislation critical. This being the case it is very important to ensure that the dates have been satisfied by the actions of the parties.
- The implementation of outgoings charges and notices will be detailed in the lease. Make sure that these notices have been correctly supplied in accordance with the lease and also the local legislation relating to the property type. Critical dates may be an issue here.
- Most leases will have a provision for make good. This is a clause that nominates what should be done at the end of the lease and who should pay for it. It is wise to check this clause to see what impact it will have on the tenant and the landlord by way of costs and timing.
- Actions for any default under the terms of the lease should be satisfied in accordance with the lease and local property legislation. If a default of lease has been determined or exists, it is quite important to understand that the default provisions have been correctly exercised and are being enforced.
- Demolition clauses or relocation clauses may appear in a lease where new development or renovation is a factor of occupancy. The lease will detail how these clauses operate but there can also be factors of local property legislation that will have an impact and even overrule the lease. Retail property and retail tenancies are a case in point in many locations. If you do not know about the legislation then it is time to see a solicitor who can give you the appropriate local advice.
These are some of the main lessee and lessor obligations under the terms lease. There will be others, and on that basis every lease should be reviewed comprehensively by the property manager, leasing manager, or property owner. The critical dates and situations in a lease should never be overlooked or avoided as they can have a major investment impact on the property in the future.