London Office Guide

Tenants' Incentives

The incentives an office tenant can reasonably expect to receive under current market conditions.

A tenant’s break option is a very valuable benefit and all the more so when it looks likely that rents may fall. This is the only practical safety net for a tenant who signs a lease in a falling market and subsequently needs to dispose of it. Even if a significant rent penalty is attached, it is often still worthwhile, when all the ongoing costs associated with the lease are taken into account coupled with the unpredictability of the sub-letting or assignment alternatives. This is now even more relevant, given the withdrawal of the 50% relief for empty property rates.

Shorter, more flexible leases are now an established part of the market and it is unlikely this will change. Revised lease accounting standards proposed by the International Accounting Standards Board, are likely to mean the full cost of occupational leases will need to be treated as an asset/liability for balance sheet purposes from 2013.

Short leases may still include conditions more appropriate for a much longer lease, often because they have to follow a superior lease. The same repairing obligations, for instance, should be avoided as the condition of the property at the start of the lease is not necessarily the basis for determining what reinstatement the tenant will be expected to carry out when it comes to an end. If the space is second hand, a schedule of condition should be agreed, otherwise the tenant may be liable for refurbishing it twice. On the other hand, if the space is newly refurbished, the tenant will incur fitting out costs, which may have to be written off over a relatively short period, added to which there is the cost of reinstatement on moving out, so a short lease can have disadvantages as well.

Service charges are another area where a tenant can be exposed to above average costs for a short period, particularly in older buildings. The lease might only be for five years but if the landlord needs to replace the lift, a full contribution will still be demanded. Therefore, a service charge cap can also be a valuable concession to agree as part of the deal.

So what about rent reviews? The five yearly upwards only rent review clause, is still included in most leases which are granted for a longer period. However, a coincidental break option is still the closest most tenants will get to achieving an upwards/downward result, given a degree of brinkmanship and assuming the market evidence is favourable!

Signing a lease is much easier than getting out of it later and therefore good advice at the outset can pay real dividends in the future. So to be confident of getting the best deal and avoiding the pitfalls, any prospective tenant should retain an agent to act on their behalf, after all the Landlord does!
We are now almost three years on since rents reached their last peak and whilst the market has readjusted it remains capricious all the same. It does still favour the tenant, but this is not always confirmed by experience.

Unlike earlier cycles where supply increased significantly and take up remained sluggish for a long while afterwards, this time, supply has remained at a relatively low level and eroded in parallel with shrinking demand. We now have a situation where there is a shortage of stock even though demand remains thinly spread.

Rents have fallen back significantly from their peak in April 2008, but an occupier looking for grade A space in the West End, will be surprised by some of the quoting rents still being advertised. The City can still offer significantly better value by comparison.

So what can an occupier in today’s market, reasonably achieve in the way of incentives when negotiating a new lease?

The concession of a rent free period is still an automatic feature of most office lettings other than in very competitive circumstances, or when a lease is assigned. It was originally intended to only cover the period required for a tenant to complete partitioning and any other fitting out works, but is now generally recognised, as being an incentive as well. It is always difficult to say precisely how long this should be, because so many other aspects of the deal will influence what is agreed. However, assuming a five year lease without a break, 6/8 months should be achievable in the West End but 12 months or sometimes more can be achieved in the City. The longer the commitment the tenant gives, the longer the rent free period is likely to be.

Another incentive for the tenant to pay a higher rent is the offer of a shorter lease or the added flexibility afforded by a tenant’s break option. It is now standard practice for small/medium size lettings to be based on a five year term or less and it should be possible to agree a break option after three years, although for larger lettings landlords will still resist this. Break options are usually conditional to a greater or lesser degree. Penalty payments are sometimes attached and you may find the rent free period is either reduced or split either side of the break date. Certain conditions can make it difficult for a tenant to serve a valid break notice and care needs to be taken when it comes to agreeing the heads of terms.

Head lease rent reviews usually influence the timing of a break option in the case of a sub-lease, because the same rent review pattern is commonly imposed on the sub-tenant by virtue of the head-lease conditions for sub-letting. This is a good moment for both parties to have a break, since it avoids the complications of going through the process of a rent review.