2023. The year of cost reduction?

Newspaper Headline Daily Telegraph 24th October 2022

Even the most optimistic economic forecasters are expecting 2023 to prove challenging. But how do you go about reducing overheads without undermining profitability or indeed your most valuable asset, your human talent?

The answer could lie within your property especially if it represents one of your organisation’s largest expenses. But how do you make savings in this area and how significant can they be?

The most effective way of answering this is to have an audit carried out by an experienced property consultant. Before you baulk at this idea on cost grounds, bear in mind that the fees charged are usually dwarfed by the savings made. In fact, consultants in this area often only charge a fee if savings are secured. That way, you may not have anything to lose by having an audit carried out.

By way of example, we were once appointed by a boutique law firm to conduct an audit of their 2,500 square foot offices in Manchester City Centre. Part of this work involved a review of the service charge accounts for their building. We soon discovered that their landlord (a large property fund) had over-charged its tenants for the replacement of a lift. We managed to recover the over-payment (our client’s share was £30,000) within 14 days, much to the amazement of the firm’s partners who were oblivious to the over-charging that had occurred 18 months earlier. If we had not requested the detailed service charge accounts from the landlord and analysed them, the overpayment would probably have remained undetected.

In other cases, analyses of dilapidations settlements, business rates assessments and even lettable floor areas have resulted in immediate and substantial savings for clients.

But of course, these are not easy things to spot unless you know what you are looking for. That is why is pays to employ a specialist.

Here are some examples of more obvious cost reduction strategies:

1. Lease Term Extension.

It may be possible to reduce your rent in the short term by agreeing to extend your lease. You will find that most landlords value a longer lease as it will help to increase the residual value of their investment. They are therefore likely to incentivise you to do so with the offer of a rent free period or a discounted rent for a set period. A similar logic might apply if you have an imminent break option, providing you are still within the required notice period. Negotiating a surrender of a break option or a re-gearing of a lease does however require care and should ideally be undertaken by a qualified surveyor with knowledge of the local market.

2. Right Size.

If you are struggling to get staff back into your office, one cost mitigation option might be to sub-let part of your premises. Even if your lease prohibits sub-letting ‘in part’, which it might well do, you may find that the landlord is open to granting a deed of variation to allow it. This might require a ‘quid pro quo’ such as an extension of the lease term or settlement of an outstanding rent review, for example. Either way, this option is often worth exploring.

3. Disposition (via. Surrender/Assignment/Sub-letting).

A more extreme option would be to exit your lease through an early surrender. This could prove expensive depending on the unexpired term and the Landlord’s interest in taking back the space.

In one recent case, we had to resort to buying the office building that our client leased. Before agreeing to purchase the building we had lined up a contemporaneous sale to a residential developer that wanted to convert the property into a luxury townhouse. The acquisition and simultaneous disposal yielded significant savings for our client as their lease had many more years left to run and very extensive repairing obligations.

Alternatively, you could explore the chances of assigning the lease to another tenant. Yet another option might be to temporarily sub-let the property to another business. The first step always involves checking the alienation provisions of the lease as these could limit your options.

Whilst disposition might seem unrealistic at first glance, it is always worth investigating.

These are just a few examples of the cost reduction strategies that might be available to you.

But a word of caution. Before you launch into any of these, it is worth bearing in mind the following.

Take independent advice

It is important that you seek professional advice before discussing any of these scenarios with your landlord or its letting agent. This advice is likely to pay for itself many times over. The reason we say this is that your landlord and its agent are likely to have significant conflicts of interest when discussing cost saving options with you. For example, they are unlikely to reveal the true level of rents and incentives being offered to tenants within your building as it would almost certainly undermine their negotiation position with you. It might also negatively impact the investment value of the property. Similarly, they are unlikely to reveal the availability of competing ‘tenant space’ within the building as this is likely to further weaken their position. These conflicts of interest are particularly acute when a landlord has competing vacant space to offload itself either within or close to your property.

Assess your exit costs sooner rather than later.

As hybrid working becomes the new norm, sub-letting and lease re-gear strategies are becoming increasingly popular. However, they bring with them a raft of other challenges in particular, the management of dilapidations and re-instatement liabilities. In our experience, planning an effective cost reduction strategy should always involve a thorough review of your potential exit costs. Otherwise, you only have half the picture.

In conclusion, the complexity of most leasing arrangements means you will probably have a range of cost reduction strategies available to you.

To explore your cost saving options please call Martyn Markland on 0161 457 1422 or email him at mm@tenantag.co.uk.

Vacancy Risk Doubles

Landlords with vacant large floorplates must be getting slightly nervous.

The number of office tenants in the UK that are now ‘holding over’ * has almost doubled in the last two years rising to 23.5% from just 13.8% in March 2020. This is based on the findings of Re-Leased, the cloud-based commercial property management platform. The findings were published recently by Co-Star.

The analysis undertaken by Re-Leased involved data from over 10,000 commercial properties and 35,000 leases.

This means that the vacancy risk for landlords has increased significantly and could result in the office market becoming far more volatile as occupiers come to terms with hybrid working and its impact on their space requirements.

If you are an office landlord, a lender or a developer, fasten your seat belt and get ready for a potentially bumpy ride!

If you would like advice on the renewal of your office lease or what your alternative options might be, please call Martyn Markland on 0161 457 1422 or email him at mm@tenantag.co.uk

Note (*)

Situations where landlords have not forced tenants to formally renew their lease and where as a result, tenants can vacate their office space with minimal notice (usually 3 months).

 

Office Occupancy Rates Plateau

A normal ‘Post-Covid’ workday in many offices, but for how much longer?

If the news about vacancy risk doubling wasn't bad enough for landlords, the office occupancy figures for the UK are equally troubling as they are still failing to get above an average of 30% compared to a pre-pandemic figure of 80%, according to the latest data from Remit Consulting (see above).

Hopefully things will improve after the summer but with COVID cases edging up, industrial action still threatening to disrupt major infrastructure, who knows.

I wonder where Rishi and Liz stand on the return to the office? In my view, the UK’s next Prime Minister would do well to encourage the civil service and big corporates to get staff back into the office otherwise the economy could suffer an even longer and deeper recession as productivity declines and our youngest and brightest talent miss out on vital interactions that only the office can provide.  

If you would like advice on your office lease and what your options might be in terms of disposal and/or relocation, please call Martyn Markland on 0161 457 1422 or email him at mm@tenantag.co.uk

Growing Logistics business lands new unit, just in time!

Solicitors may be experts in the drafting of legal contracts, but they tend not be experts in the construction and pricing of buildings. That is why they often advise their clients to speak with a qualified surveyor such as ourselves before they acquire new premises.

Take the recent case of a rapidly expanding logistics company. This relatively new business specialises in temperature-controlled transportation for pharmaceutical companies. Unsurprisingly, its’ order book had grown significantly during the pandemic. So much so that it needed more space. After undertaking its own search it had managed to negotiate lease terms on an industrial unit owned by a well respected landlord.

The property in question had been left in a poor state by the previous tenant. The landlord planned to carry out a refurbishment and had offered what at face value appeared to be reasonable terms. However, the tenant’s lawyer was not so sure and asked TAG to carry out a review before any further commitment was made.

Having inspected the premises and reviewed the terms, we identified several issues which in our view posed unnecessary financial risks for the tenant. These risks represented tens of thousands of pounds worth of potential liability.

We made our recommendations and were then instructed to re-negotiate the terms in order to minimise these risks.

Here are a few examples of the types of protection we secured. Hopefully this helps to explain the value in taking professional property advice.

  1. Break Option

    The original terms were based on a five-year term. We were concerned that as a rapidly growing business, the tenant might outgrow the premises before the lease expiry date. The client felt the same but had been told that neither a shorter term nor a break option were available. Despite this, we managed to negotiate a Tenant only break option at the end of the third year. This will help the tenant to avoid an expensive double overhead if it needs to lease larger premises within the next 5 years.

  2. Break Option Conditions

    The operation of a break option is a technical and thus, risky process. It is therefore important to ensure that the conditions attached to the break option are kept to an absolute minimum otherwise there is a risk that the option could be invalidated on a technicality. After some initial resistance from the landlord, we managed to secure minimal conditionality for the tenant.

  3. Security of Tenure

    The original terms offered by the landlord stipulated that the lease would be excluded from the security of tenure provisions of the 1954 Landlord & Tenant Act. This ‘contracting out’ as it is termed, would have removed the tenant’s statutory right to renew the lease at the end of the fifth year.

    We therefore went back to the landlord and through negotiation, managed to reverse its decision.

    This means the tenant will now be able to renew its lease at the end of Year 5 should it wish to do so, subject to certain conditions laid out in the Act.

    The provisions of the Act also ensure that there is a mechanism by which the terms of the new lease (including the new rent and the new lease term) will be agreed.

  4. Repairing Obligations

    The original draft of the lease obligated the tenant to replace old for new throughout the Premises. The definition of ‘Premises' included the roof which meant that the Tenant would have to replace it if it failed during the lease term. This was far too onerous an obligation in our opinion given that the building was undergoing a relatively light refurbishment which involved for example, repairs to rather than replacement of the roof.

    We therefore re-negotiated the repairing obligations so that the tenant’s liabilities were instead limited to the physical condition of the ‘Premises’ at the start of the lease. This significantly de-risks the tenant’s liabilities.

    In order to evidence the physical condition of the Premises at the start of the lease, an annotated Photographic Schedule of Condition report was prepared by TAG’s building surveyor shortly before the property was handed over. This report is now attached to the lease. This will provide a starting point for any future discussions relating to repair or re-instatement.

  5. Legal Costs

    The original terms stated that the landlord would be able to recover its legal costs if the transaction was aborted for any reason by the prospective tenant. However, it made no mention of the quantum of such costs or whether the tenant would be entitled to recover its costs if the landlord withdrew from the transaction. This seemed illogical to us.

    We therefore managed to secure parity in relation to abortive legal costs. We also made the calculation of such costs subject to a test of reasonableness.

If you would like to learn more about our transaction due diligence services, please call Martyn Markland on 0161 457 1422 or email him at mm@tenantag.co.uk