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  Glasgow Office
HBJ Gateley Wareing
146 West Regent Street
GLASGOW
G2 2RZ

MAP


T: 0141 221 8251
F: 0141 226 4799

Edinburgh Office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

T: 0131 228 2400
F: 0131 222 9800

Registered office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

Registered Number
SO300755
 


 
  Commercial Property
 
 
Q. Is VAT payable on rent that I have to pay to a Landlord?

A. Reference should of course be made to the Lease but as a general rule a Landlord/Owner of property may elect to charge VAT on a property by making an application to H M Customs & Excise.

 
     
 
Q. What are the present Stamp Duty rates?

A. Properties less than £60,000 no rate
£60,000-£250,000 = 1%
£250,000-£500,000 = 3%
£500,000 and over = 4%

 
     
 
Q. As an owner of a company which has one property asset which is for sale, is there a way for me to reduce the Stamp Duty liability falling on the Purchaser and therefore (hopefully) agree a higher price?

A. Yes – it may be possible to sell your company's shares, thus limiting Stamp Duty to 0.5% of the value.

 
     
 
Q. I am a tenant in a shopping centre and wish to close my store. Until I find someone to assign or sublet the premises, is there anything I should be aware of?

A. Yes - advice should be taken to check whether there is a valid "keep open" clause within the Lease, requiring you to ensure the continued occupation and trading from the premises. You can be forced to occupy and trade by a Landlord if such a clause exists.

 
     
 
Q. I am an owner of land but I am put off by the costs to obtain planning permission for an alternative use. What should I do?

A. One possibility would be to enter into a form of Joint Venture Agreement with a developer who will incur the costs of the planning application and share with you the resulting uplift in the value of the land if, and when, such planning permission is granted.

 
     
 
Q. I am an owner of an expanding business and wish to lease office space. I have found ideal premises for me although I am concerned at being tied into this property for the long period that is being requested by the Landlords. What should I do?

A. Although a matter of negotiation, tenants are often successfully agreeing break options at specific time periods in Leases, e.g. every 2 years, provided the tenants give the Landlord reasonable notice, for instance 3 months.

 
     
 
Q. I have heard reports about the Disability Discrimination Act – who does this affect and what do I have to do to comply with it?

A. This affects tenants of leased premises, Landlords, investors, construction professionals and architects. In essence shops, pubs, hotels and banks amongst others are obliged to take steps (that are reasonable in all circumstances) to enable disabled persons to use the service provided. In short this may require an alteration of the physical features of the premises, and you should liaise with the local authority on this matter.

 
     
 
Q. My Lease will be coming to an end shortly and I don't wish to continue occupation. What should I do?

A. The terms of the Lease should be examined closely to ensure that you serve a timeous Notice to Quit on the Landlord. If you don't in the absence of the Landlord serving one upon you, the Lease may be continued on the same terms and conditions for another year (if the Lease is more than 1 year long) and otherwise for the same period of the Lease if it was for less than 1 year.

 
     
 
To discuss your requirements, please get in touch with:

David Boyce (Senior Partner)
Telephone: 0141 221 8251
Email:

Brian Dennison (Partner)
Telephone: 0141 221 8251
Email:

 

Frequently asked questions

Select the relevant business area below to see the appropriate FAQs.

Commercial Property
Construction
Corporate
Employment
Environment and Planning
Insolvency
Technology & Media
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Private Client
Small Business

 
   
   

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