The procedure and time scale for lease renewals are governed by the relevant ‘landlord and tenant legislation’, found in the Landlord and Tenant Act 1954, together with recent amendments. The majority of the Council’s commercial properties are occupied under business tenancies, which continue until terminated by the service of the relevant notice by either landlord or tenant.
You are advised to take legal advice if you receive any such notice. Details are given on the back of the notice on action you should take after receiving the notice, but we cannot stress strongly enough the importance of taking legal advice so that you protect your rights to a new tenancy. The future security of your business premises depends upon your response to the notice.
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Repairs
Bath is designated as a World Heritage Site. Many of the Council’s properties are listed buildings and great importance is attached to their maintenance. The terms of your lease will determine the extent of the Council’s and your responsibilities.
At the end of the lease we will inspect the building. If any repairs are necessary that are your responsibility we will serve you with a Schedule of Dilapidations, listing the work you will need to do. You will be required to complete those works prior to a new lease being granted to you.
The Council will carry out periodic inspections of your property, at which time the state of repair may be examined.
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Breaches of Covenant
Any breach of the terms and conditions of the lease (the ‘covenants’) may result in enforcement action being taken against you. Should a dispute arise you will normally be invited to discuss any breaches of covenant with the valuer for your property. If, however, a satisfactory resolution of the problem cannot be reached, then we will have no option but to instruct solicitors in the matter. The Council will, however, make all attempts to resolve the matter with you.
Breaches of lease include (but are not limited to) failure to repair, undertaking works or erecting signage without permission, failure to pay rent or other due charges, letting others into possession without consent, failure to obtain statutory consents.
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Assignments and Sub-letting
Not all leases permit assignment or sub-letting but where this is permitted it is necessary to make an application to the Council to sub-let or assign the lease. We will need references and detailed financial and trading information for the proposed new occupier. The purpose of this is to establish their suitability as a tenant and we may wish to interview them as part of this process. Applications to assign or sub-let are governed by legislation and, as the landlord, we are required to respond within a reasonable period.
If you assign your lease you may still be responsible for rent and repairs if the new tenant defaults.
When taking an assignment, you should be aware that you take full responsibility for observing the provisions of the lease and for breaches of the lease, including repairs and costs incurred, even if they occurred prior to your occupation. So, for example, if the previous tenants has not paid his rent or has failed to repair the property, you will be responsible for payment of the arrears or making good respectively. If the Council has repaired the building prior to your occupation but not invoiced and the lessee is responsible for paying a part, you will be responsible for payment.
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Alterations to the Property
The lease will specify the type of alterations which may be carried out to the property and when the Council’s consent as landlord is required.
You may also need to apply for planning permission, listed building consent and any other statutory consent which may be required. As landlord, we will require three copies of detailed drawings showing your proposals, a specification of the proposed works and a copy of the statutory consents. You should contact the valuer for your property to check the Council’s requirement.
Applications for statutory consents should be made to the Council’s Planning Services at Lewis House, Manvers Street, Bath. Telephone 01225 477000.
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Planned Maintenance and Service Charge
A number of properties consist of several units, with the Council responsible for external and communal repairs and maintenance. In managing the Council’s obligations, we will carry out
· planned maintenance works - usually every five years,
· cyclical repairs and services, for example maintenance of fire alarms - recovered through a annual service charge.
You may occupy only part of the property, together with other tenants, and if so you may be asked to contribute towards planned maintenance works and service charges.
A contribution to the service charge will be requested from you on an annual basis, and it should be noted that this is different from planned maintenance works carried out. The contribution towards planned maintenance will be charged as and when they are incurred, usually every 5 years. The contribution you pay will be either specified within your lease or be based on the proportion of the building you occupy.
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Financial and Other Difficulties
Should you find yourself facing financial or other difficulties in connection with the building you occupy, it is in the best interests of both you and the Council that you discuss the matter as soon as possible with the valuer for your property.
We will do everything we can to help resolve the issue, but we can only help if we are aware of the problem. Any matter that is discussed will be treated in confidence.
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Complaints
Should you have any complaint about the Council as landlord, please let us know. We will do our best to put it right and to make sure we do not do the same thing again to you or someone else. Any complaint will be considered in accordance with the Council’s complaints procedure, details of which can be obtained from any Council office.
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Contact us
For further information, contact:
Property Services
Northgate House
Upper Borough Walls
Bath BA1 1RG.
Telephone: 01225 477105
Facsimile 01225 477108/98
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