JHWalter - Adding Value to Property & Business

The JHWalter Landlord and Tenant professional team has a well established reputation, leading to instructions from clients in the East Midlands and further afield. We provide specialist advice in all agricultural and rural tenure matters, including lettings, preparing agreements, rent reviews, succession, surrender, disputes, arbitrations/tribunals and tenancy compensation. We also deal with tenancies for residential property including their letting and management. Increasingly we advise on commercial lettings, as clients diversify their own property portfolio or pursue commercial ventures on the farm.

Our incisive approach to the problem is based on specialist knowledge of the legislation. As our result, we not only provide our clients with clear, precise advice on the legal formalities of tenancy agreements but we also provide succinct, practical advice based on our experience and understanding of the day to day issues of the landlord and tenant relationship.

Inevitably, there will be instances where there is a difference of opinion e.g. over a rent review, or over a result of an agreement breach. JHWalter are renowned for their ability to successfully fight a clients case but we couple this desire to win with a pragmatic approach to the actual nub of the problem. Effective, practical advice that produces a successful, positive outcome is the key to our service.

Acting in Landlord and Tenant matters for Commercial owners or occupiers requires knowledge of legislation (such as the Landlord and Tenant Act 1954) and case law as well as an understanding of the market for retail, industrial, office and other commercial property. JHWalter has a rich supply of comparable evidence on which to draw to establish a verifiable basis for rent review or lease renewal backed by the experience of our surveyors who are also active agents in the market place. Brought together with technical and legal data, this makes us well placed to negotiate the best deal for our clients what ever the market conditions while giving realistic advice about the possible outcome of dispute resolution.

Restructuring of leases can prove an attractive proposition for both landlord and tenant. We offer advice to ensure that clients pay and receive compensation at appropriate levels to reflect changing rental income, lease term and capital value. At lease expiry, both owners and occupiers seek our support in dilapidations claims. (Dilapidations: the extent to which the property falls short of the repairing obligations of the lease). We negotiate claims including guidance on the distinction between repair and improvement and the limit of tenant liability on claims where diminution in value (lost value) is less than the cost of repair.

JHWalter - a professional choice

• An incisive approach to landlord and tenant issues based on specialist knowledge of the legislation.
• Commercial property specialists within the team
• Succinct, practical advice on value and strategy based on experience and understanding of the landlord/tenant relationship.
• Real market experience to support negotiations
• Concern to negotiate the best deal for the client but with resources to refer to arbitration where needed.

Some Recent Cases

We advised in the rent review of a prominent shop in an unusual retail pitch but one attractive to specialist retailers. Gathering evidence from nearby lettings and other reviews, we helped our client understand the opportunities and arguments possible including adjustments for location, return frontage, unusual layout and repairing obligation. Beyond matters of value, we gave guidance on required notices and issues of timing in connection with other rights and obligations in the lease.

The owner of a specialist warehouse in a rural position asked our advice on a number of matters surrounding an outstanding rent review, a request for the tenant to surrender and the subtenant of part to become lessee of the whole property. With excellent road communication to the A1, the property had some interesting issues to consider in terms of value due to the dedicated equipment included at the property. Our recommendations included the projected rent on review, a risk assessment of the tenant and prospective tenant and the effect on value of a lease restructuring.

JHWalter were instructed to negotiate a dilapidation claim on a large office suit in a prominent city office building. Due to the changing identity of the tenant over a long period, there were issues to resolve about what could be considered a tenant's improvement (included in the claim for removal) and a landlord's fixture (not part of the claim if properly maintained).