Promotions

We would like to congratulate the following people on being promoted.











John Atkinson - Associate
Building Consultancy










Michael Haines - Associate
Industrial Agency











Philip Disbrey - Associate
Asset Management











Christopher Mitchell - Senior Surveyor
Asset Management

Schedule of Conditions

At a recent seminar hosted by a law firm the viability of schedule of conditions were raised. The intention is to limit the liability of the incoming tenant at the end of the term. However, a number of surveyors acting on behalf of the landlord do not consider them when preparing the terminal schedule of dilapidations. The reason being that the schedules are usually photographic only and they have been photocopied numerous times making it difficult to identify anything on the photos. Usually the original schedule of condition cannot be found rendering the copy ineffective.

To ensure the tenant is protected by the schedule, a full schedule should be produced including text, photos and a plan with the location of the photos marked on. A colour copy should be held by the client and their solicitors and only colour copies made. The benefits at the end of the term will outweigh the initial cost and will ensure the tenant does not have a claim against them for items they have no obligation to repair. If any significant items are identified on the schedule of condition it would be beneficial for the future tenant to have a building survey undertaken to ensure that any items that may be progressive can be removed from their obligation.

In short, pay a small cost now and have a potential large cost at the end of the term or, pay a slightly larger initial cost and ensure the costs are limited at the end of the term.

John Atkinson - Associate

A new face in the Asset Management Department

We welcome Olivia Minns to the dohertybaines team. She will be working in the Asset Management department, assisting Graham Pepper, Mike Thomas and Rosie Donaldson on several contracts including NFU, Canada Life, SJP and Cicero Enterprises as a Property Administrator.











Olivia Minns


Hanrie Kolesky - Operations Manager

BLINK AND YOU WILL MISS OUT

Blink, the high fashion retailer has just acquired a unit on the Clocktower estate in Isleworth on a five year term. This is the first letting on the recently completed scheme where we are discussing terms with occupiers on 6 other units. Following a successful occupiers open day, enquiries are still coming in from parties looking for modern efficient industrial accommodation close to Heathrow, the M3 and with easy access to central London.

Paul Londra - Associate

Air Conditioning units with R22

Whilst on site with a Mechanical and Electrical Consultant we inspected some Air conditioning units which had Ozone depleting HCFC compound R22 as the refrigerant. It is now Illegal to use virgin HCFC’s but recycled HCFC’s can be used up until 2015.

The AC units will require annual maintenance and it is expected that although the units can be topped up with recycled R22, the components of the AC units will not be available as the manufacture of them ceased in 1998. This could potentially be a substantial cost for the tenant/occupier of a property if the units are not in repair at the termination date. R22 can be stockpiled to service existing units and systems but it is envisaged by many to run out before 2015. We recommend that the liability owing to the AC is reviewed and the necessary steps are taken to ensure that tenants are aware their system does or does not contain HCFC’s/R22 refrigerant. The unit will need to be in repair and serviceable at the end of the lease term, if not, they could be liable to replace the system as a whole.

John Atkinson - Chartered Building Surveyor

Property Triathlon 2010 – watch this space – again

Since its inception in 2007 dohertybaines have had a great record at the annual property triathlon held by King Sturge with 2 winning titles and several in the top 5. This year dohertybaines have 2 entries in the competition: Chris Mitchell entering as an individual male 26 – 28 and David O’Donovan, Rosie Donaldson and another tbc (thanks Niall Crowley) entering as the mixed relay team.

It’s a fantastically attended event with a multitude of lycra outfits. Be sure to watch out for us, we’ll be the ones with the trophies and champagne.

Rosie Donaldson - Chartered Surveyor


http://www.propertytriathlon.com

More Pitfalls in Break Clauses

It is quite common knowledge that for many break clauses to be effective, the whole of the quarter’s rent should be paid even if the break occurs mid-quarter.

What may not be such common knowledge is that if there is no specific allowance in the break clause, the tenant may not be entitled to any refund of rents that could be apportioned after the break date.

If the break clause is silent on the apportionment of rent which straddles the break date, one suggestion is that when making payment, the tenant should reserve their right to recover rent for the period after the break date in the hope that they can reclaim it back once the break has been successfully exercised.

Brendan Joyce Partner

Breaking News Breaking News - Pop Star at db

The new Head of Central London Agency Alex Brown has an exciting past as a Pop Star ! please check out Alex's videos for Supernatural Love at http://www.youtube.com/watch?v=l6yk3_VB9Dc&feature=related and That's what it Takes at http://www.youtube.com/watch?v=bDfU1pYV9M8&feature=related

Now that U2 have cancelled their appearance at Glastonbury we may try to get Bono into the Investment team over the summer months !

New Head of Central London Agency Arrives at db

We are dleighted Alex Brown has now joined the firm as a Partner and Head of Central London Agency. Alex is one of the most respected agents in the business and brings a depth of market knowledge and deal making expertise which will be of interest to occupiers and landlords.

Alex Brown Partner - Head of Central London Agency

Rooftop Telecoms Sites – Break Notices from Mobile Phone Operators

The major mobile phone operators are currently rationalising their portfolios. This is part of their various joint infrastructure projects aimed at reducing the size of their portfolios to save rent and operating costs generally. We have received several break notices recently for a number of our clients’ sites. Some of these are using straightforward clauses in the lease or licence but others are based on rather more obscure concepts such as their beneficial use of the site being adversely affected. We are working with our clients and their solicitors to resist the ones which appear to be invalid. I am aware that other landlords in the industry are having similar experiences, so if you have received a break notice recently, please contact me if you’d like to liaise and compare notes.

John Woodhouse - Assocaite
jwoodhouse@dohertybaines.com