Our Property Management department offers a range of services tailored to suit client requirements.
From straightforward rent collection through to full active management, whether it is an individual property, an industrial estate, an office park or a shopping centre.
Kingston has a bespoke management software program to handle all financial matters, invoices, rent demands, service charge apportionment, building insurance and, of critical importance to investor clients, a property management calendar highlighting key dates for actions.
- Computerised Hexagon management software
- Wide range of services available to suit client needs
- Regular reporting and key date reminders
Property Management – Frequently Asked Questions:
The Tenants are not paying their rent. What can I do?
There are a number of ways to tackle the problem, ranging from open discussion with the Tenant to Court procedure. There are also instant remedies through Certificated Bailiffs.
Dependent upon the level of debt, we can tailor advice based upon individual circumstances which we would need to discuss with you.
The Tenant has caused damage to the property. How do I deal with this?
The Lease between the Landlord and Tenant will hopefully contain provisions to deal with damage and repair, including the Landlord’s ability to enter onto the premises, carry out repairs and recharge to the Tenant.
A good lease will provide for repairs during the term, but also deal adequately with repairs required at the end of the Lease.
We can advise on a range of solutions during and at the end of the lease period.
The Tenant wants to pass on their Lease. What is the Landlord’s involvement?
A Tenant’s ability to either sub-let or assign (pass on the balance of his term) to another Tenant are normally dealt with within the Lease.
In essence, if a tenant is to transfer its interest to another, the Tenant would need to approach the Landlord for consent and the Tenant would be required to prove to the Landlord that the ingoing tenant was of sufficient financial standing to pay rent and perform all other duties required through the lease.
Leases may also provide for a Guarantee from the existing tenant. All such detail will vary dependent upon the lease in place, a process for which we could guide Landlords through.
The Tenant is not using the property for the original use agreed?
A lease would normally have a User clause which would define and potentially restrict the use of the property by the tenant.
The user clauses become more important where the Landlord has several adjoining tenanted properties. User clauses become more important with retail premises due to the competitive nature of their use.
Apart from the management of the use through the lease there are – and could be also – Planning considerations relating to the use of the premises and also EEC anti-competition laws which now need to be considered.
I want my property back for my own business or use?
We often find that there many scenarios whereby a Landlord has perhaps two properties, one of which they occupy themselves and one of which is rented out to a tenant on a commercial lease.
At some time, perhaps due to the expansion of the Landlord’s business, they may require their rented property back for the expansion of their own business.
Commercial tenants, apart from specific exclusion, are covered by the Landlord and Tenant Act 1954. There are specific provisions to follow with regards obtaining property back from a tenant at the end of their lease.
A Landlord needs to have owned the tenanted property for more than five years to be in a position to serve a specific Notice requiring possession at the end of the tenant’s lease for the Landlord to occupy the premises for his own use and occupation.
The Tenants have been bad rent payers and we want them out. What can we do?
Firstly, a good lease will provide forfeiture provisions which allow the Landlord the right to peaceably re-enter the premises and take possession for non-payment of rent in accordance with the Lease.
This remedy is normally carried out by instructing certificated Bailiffs to obtain possession on the Landlord’s behalf.
The second scenario relates to the Landlord’s ability to decline a new lease to the tenant at the end of the term on the basis of a poor payment record.
This specific form of Notice and Ground for Possession needs to be given to bring the tenancy to an end.
Do we have to charge VAT? I am VAT registered.
VAT legislation in the UK was amended in 1989 to be brought into line with EEC directives.
If you are registered for VAT as a Landlord you have an individual property by property ability to charge VAT.
You can elect to charge VAT on a property but need to do so in a specific form.
However, before VAT is elected you need to be aware of why you want to register for VAT because it does have an impact on tenants who themselves are not in a position to recover VAT.
We find that more and more properties are subject to VAT due to input taxes requiring to be recovered, but again an individual assessment of the circumstances needs to be ascertained.
The Tenant wants to insure the building because he can do it cheaper. Can they?
Normally the tenant will not have an insurable interest in the property and therefore cannot place buildings insurance to cover the reinstatement of the property and loss of rent in the case of an insured risk.
It is also important to make sure that the property is insured for the correct amount of replacement value and also all the necessary perils are covered.
If the Landlord has a mortgage on the property, then mortgages interest needs to be noted on the Policy.
We can advise on buildings sum insured, together with levels of cover required.
The Tenant wants to alter the premises – do they need Landlord’s consent?
Tenants’ requests for alterations are normally dealt with within the terms of the lease and therefore will be dependent on what the lease says.
However, normally alterations of a non-structural nature should be relatively straight forward and in a lot of circumstances the Landlord could not unreasonably withhold consent to the amendments to the property.
However, thought has to be taken as to whether the alterations would be required to be removed at the end of the Term and also whether they would have any negative impact on the rent review from the Landlord’s perspective.
There are also statutory requirements through Planning and Building Control, in particular properties that are either Listed or within Conservation Areas which will also require Listed Building Consent.
Individual treatment of tenants’ improvements will be required.