UK commercial property lease structures: Landlord and tenant mismatch

UK commercial property lease structures have come under considerable scrutiny during the past decade since the property crash of the early 1990s. In particular, tenants complained that the system was unfair and that it has blocked business change. Government is committed, through its 2001 election manifesto, to promote flexibility and choice in the commercial property lettings market and a new voluntary Commercial Leases Code of Practice was launched in April 2002. This paper investigates whether occupiers are being offered the leases they require or whether there is a mismatch between occupier requirements and actual leases in the market. It draws together the substantial data now available on the actual terms of leases in the UK and surveys of corporate occupiers' attitude to their occupation requirements. Although the data indicated that UK leases have become shorter and more diverse since 1990, this is still not sufficient to meet the current requirements of many corporate occupiers. It is clear that the inability to manage entry and exit strategies is a major concern to occupiers. Lease length is the primary concern of tenants and a number of respondents comment on the mismatch between lease length in the UK and business planning horizons. The right to break and other problems with alienation clauses also pose serious difficulties for occupiers, thus reinforcing the mismatch. Other issues include repairing and insuring clauses and the type of review clause. There are differences in opinion between types of occupier. In particular, international corporate occupiers are significantly more concerned about the length of lease and the incidence of break clauses than national occupiers and private-sector tenants are significantly more concerned about leasing in general than public-sector occupiers. Proposed solutions by tenants are predictable and include shorter leases, more frequent breaks and relaxation of restrictions concerning alienation and other clauses. A significant number specify that they would pay more for shorter leases and other improved terms. Short leases would make many of the other terms more acceptable and this is why they are the main concern of corporate occupiers. Overall, the evidence suggests that there continues to be a gap between occupiers' lease requirements and those currently offered by the market. There are underlying structural factors that act as an inertial force on landlords and inhibit the changes which occupiers appear to want. Nevertheless, the findings raise future research questions concerning whether UK lease structures are a constraining factor on UK competitiveness.

Apartment ownership: the English version needs reforming

In this contribution, the English commonhold system, which enables the development of freehold units in a multi-unit development, is critically re-visited. Provision is made for the development of freehold apartments on land with a registered commonhold title. At the date of registration, a management body for the scheme, the commonhold association, must be in place. Each purchaser of a unit in the relevant building obtains freehold property on purchase. The property and management of the building housing the units and of the common areas of the scheme are, by contrast, withheld from unit holders and vested in the commonhold association, which is a special kind of body corporate. Since the coming into force of the English legislation, a set of defects have been detected. This contribution re-assesses the main problem areas and makes a number of reform suggestions drawing on material from a number of jurisdictions, notably South Africa, France and Germany. Avoidable problems are likely to arise with any conversions to commonhold from the predominant English long lease system, owing to the narrowness of the conversion rules. The manner in which ownership of units and the common parts are regulated, a key aspect in any such system, merits re-assessment. It seems that here the English rules survive comparison. The rules pertaining to constitution of the commonhold association fail to provide sufficient safeguards for unpaid scheme creditors. The rules relating leasing of commonhold units seem inadequately thought out. There is a conspicuous absence of real remedies for non-payment of assessments by unit holders. The effect of these and other aspects may help to explain why commonhold has had a limited numerical impact. The time for a second generation reforming statute may have come.

The impact of E-commerce on retail real estate in the UK

This article summarizes the main research findings from the first of a series of annual surveys conducted for the British Council of Shopping Centres. The study examines the changing pattern of retailing in the United Kingdom and provides an overview of key research from previous studies in both the U.K. and the United States. The main findings are then presented, including an examination of the impact of e-commerce on sales and rental values and on the future space and ownership / leasing requirements of U.K. retailers for 2000-2005. The impact on a shopping center in a case study town in the U.K. is also considered. The difficulties of isolating the impact of e-commerce from other forces for change in retailing are highlighted. In contrast to other viewpoints, the results show that e-commerce will not mean the death of conventional store-based U.K. retailing, although further benchmark research is needed.

Future shock or e-hype?: the impact of online shopping on UK retail property

This research examines the impact of ecommerce on sales and rental values and on the future space and ownership/leasing requirements of UK retailers for 2000-2005. The independent study, commissioned by BCSC (and funded by BCSC Educational Trust with support from the RICS Education Trust), included a major postal survey, follow-up interviews, a retail focus group, and shopper survey and case study of Cyberton, a town in the South East of England. The study was conducted by the Research Department of The College of Estate Management between June and December 2000.

Determinants of satisfaction amongst tenants of UK Offices

Purpose – Corporate Occupiers require offices and services which meet their business needs, whilst landlords must attract and retain occupiers in order to maximise occupancy and rental income. The purpose of this research is to help landlords and corporate occupiers understand each other better, in order to achieve a mutually beneficial relationship. Design/methodology/approach - This paper analyses interviews with 1334 office tenants in the UK, conducted over an 11-year period, to investigate determinants of occupier satisfaction, loyalty and advocacy. Structural equation modelling and regressions are performed using respondents’ ratings of satisfaction with many aspects of occupancy as explanatory variables. The dependent variables include satisfaction with property management, value for money, overall occupier satisfaction, lease renewal intentions and occupiers’ willingness to recommend their landlord. Findings - The aspects with most impact on occupiers’ satisfaction are the office building itself, its location and amenities, and also communication with their property manager, a belief that their business needs are understood and the property manager’s responsiveness to occupiers’ requests. Occupiers’ loyalty depends mainly upon feeling that their rent and service charges provide value for money, an amicable leasing process, the professionalism of their property manager and the Corporate Social Responsibility of the Landlord. ‘Empathy’ is crucial to occupiers’ willingness to recommend their landlord, and clear documentation and efficient legal process improve occupiers’ perception of receiving ‘Value for Money’. Research Limitations - The sample is skewed towards occupiers of prime office buildings in the UK, owned by landlords who care sufficiently about their tenants to commission studies into occupier satisfaction. Practical implications - This research should help to improve the landlord – tenant relationship, benefitting the businesses that rent property and helping building managers understand where to focus their efforts to achieve maximum effect on occupier satisfaction, loyalty and advocacy. Originality/value - There has been little academic research into the determinants of satisfaction of occupiers of UK commercial property. This large-scale study enables the most influential factors to be identified and prioritised.

The evolution of green leases: towards inter-organizational environmental governance

Improving the environmental performance of non-domestic buildings is a complex and ‘wicked’ problem due to conflicting interests and incentives. This is particularly challenging in tenanted spaces, where landlord and tenant interactions are regulated through leases that traditionally ignore environmental considerations. ‘Green leasing’ is conceptualized as a form of ‘middle-out’ inter-organizational environmental governance that operates between organizations, alongside other drivers. This paper investigates how leases are evolving to become ‘greener’ in the UK and Australia, providing evidence from five varied sources on: (1) UK office and retail leases, (2) UK retail sector energy management, (3) a major UK retailer case study; (4) office leasing in Sydney, and (5) expert interviews on Australian retail leases. With some exceptions, the evidence reveals an increasing trend towards green leases in prime offices in both countries, but not in retail or sub-prime offices. Generally introduced by landlords, adopted green leases contain a variety of ambitions and levels of enforcement. As an evolving form of private–private environmental governance, green leases form a valuable framework for further tenant–landlord cooperation within properties and across portfolios. This increased cohesion could create new opportunities for polycentric governance, particularly at the interface of cities and the property industry.

Alocação e movimentação de contêineres vazios e cheios : um modelo integrado e sua aplicação

O comércio baseado em contêineres é tipicamente desequilibrado com relação às quantidades de contêineres de exportação e de importação. Não é raro haver contêineres não utilizados em um local ao mesmo tempo em que contêineres vazios são necessários em outros. Esta tese apresenta um modelo de rede integrado combinando realocação de contêineres vazios e operações de transbordo de contêineres cheios e vazios. Na rede, os nós representam clientes (demandando contêineres vazios para ser carregados e enviados a outros clientes da rede), companhias de leasing assim como portos e depósitos em terra (pontos de transbordo), enquanto que os arcos representam rotas de transporte (por navio, trem ou caminhão) conectando os nós. O modelo matemático subjacente opera em estágios. Primeiro, a demanda de contêineres vazios é ajustada, considerando os suprimentos e demandas globais dos clientes. A seguir, um modelo de transbordo determina a solução de mínimo custo, considerando transporte, processamento e armazenagem de unidades de contêineres, utilizando programação linear. A partir desse resultado, os roteiros de transporte são registrados e controlados dinamicamente. O processamento continua repetindo os estágios ciclicamente, para um dado horizonte de tempo. O modelo é bastante flexível, permitindo a configuração de vários parâmetros, tais como demanda, tempo de processamento e tempo de armazenagem. Um sistema de simulação foi implementado utilizando parâmetros gerados aleatoriamente, dentro de limites preestabelecidos, a fim de avaliar a complexidade do modelo, testar diferentes soluções e verificar a formulação matemática.

Development and evaluation of a range anxiety-reducing business model for connected full electric vehicles

This thesis develops and evaluates a business model for connected full electric vehicles (FEV) for the European market. Despite a promoting political environment, various barriers have thus far prevented the FEV from becoming a mass-market vehicle. Besides cost, the most noteworthy of these barriers is represented by range anxiety, a product of FEVs’ limited range, lacking availability of charging infrastructure, and long recharging times. Connected FEVs, which maintain a constant connection to the surrounding infrastructure, appear to be a promising element to overcome drivers’ range anxiety. Yet their successful application requires a well functioning FEV ecosystem which can only be created through the collaboration of various stakeholders such as original equipment manufacturers (OEM), first tier suppliers (FTS), charging infrastructure and service providers (CISP), utilities, communication enablers, and governments. This thesis explores and evaluates how a business model, jointly created by these stakeholders, could look like, i.e. how stakeholders could collaborate in the design of products, services, infrastructure, and advanced mobility management, to meet drivers with a sensible value proposition that is at least equivalent to that of internal combustion engine (ICE) cars. It suggests that this value proposition will be an end-2-end package provided by CISPs or OEMs that comprises mobility packages (incl. pay per mile plans, battery leasing, charging and battery swapping (BS) infrastructure) and FEVs equipped with an on-board unit (OBU) combined with additional services targeted at range anxiety reduction. From a theoretical point of view the thesis answers the question which business model framework is suitable for the development of a holistic, i.e. all stakeholder-comprising business model for connected FEVs and defines such a business model. In doing so the thesis provides the first comprehensive business model related research findings on connected FEVs, as prior works focused on the much less complex scenario featuring only “offline” FEVs.

Modelo de avaliação de operações de arrendamento mercantil

Este trabalho se propõe justamente a preencher esta lacuna procurando através do desenvolvimento de um modelo de avaliação permitir aos dirigentes de empresas e demais interessados analisar a viabilidade do arrendamento mercantil como instrumento de financiamento as suas propostas de investimentos. Aborda a questão da avaliação do custo de uma operação de arrendamento mercantil, considerando seus aspectos econômicos-financeiros e fiscais. Descreve as principais características operacionais e contratuais do arrendamento mercantil. Propõe um modelo matemático para avaliar o custo do arrendamento mercantil.

Engenharia econômica teoria e prática: uma adaptação para a realidade brasileira

Este trabalho procura fazer uma revisão crítica dentro da realidade brasileira, da utilização dos modelos teóricos para análise de alternativas de investimento, ou seja, a Engenharia Econômica. Estuda os diversos métodos de analise de investimento dentro da Engenharia Econômica. Apresenta problemas de otimização para escolha de alternativas múltiplas de capital, analisa casos típicos de substituição de equipamento e leasing, e conceitua a análise teórica e praticamente os problemas de inflação dentro da realidade brasileira. Apresenta modelos práticos de avaliação de empresa como um todo, determinação de taxa de retorno interna e modelo para determinação da inflação real da empresa

Ideologia da casa própria... sem casa própria: o Programa de Arrendamento Residencial na cidade de João Pessoa-PB

Brazilian Housing policy has always promoted homeownership. In 1999, a new form of housing promotion was set up in the country with the PAR (Programa de Arrendamento Residencial, or residential rental programme). This is a sort of leasing, in which a right to buy is granted at the end of contract. Again, with this, the final objective is homeownership. This dissertation aims at further understanding the role of PAR in the wake of the country s housing policies of the post-BNH period, analysing the case of João Pessoa, capital city of Paraíba state. By focusing in the city, it has been possible to analyse also the impact of the programme in the dynamics of the city s urban development. Accordingly, the analysis of PAR seeks to understand the programme s operational aspects as well as its location, urban and architectural aspects. The operational aspects refer to how the programme is operated, considering the differences to the other housing programmes in the country. The urban and architectural aspects refer to location, typology and construction characteristics of housing estates produced under the scheme. This study gives a general view of the country s recent housing policy and programmes and the specific characteristics of PAR, observing also its impacts in the city development

As orquestras invadem as salas de estar: redefinição dos padrões e espaços para a escuta musical no Rio de Janeiro (1926-1931)

In the late nineteenth and early twentieth century, a series of technical innovations have been commercially and widespread on some urban groups everyday, in Brazil. Some of these technological innovations have played an important role in large-scale distribution of artistic works, which until then had an extremely limited potential for diffusion. Development of devices that can record and play music has been mechanically inserted into this logic, while the gramophones, phonographs, cylinders and discs became popular. By this time a new moment for production and consumption of music had started. Especially since the begging of electrical system for registration and production of sounds, this process bought important meaning to the way some peoples in Rio would leasing and sense music, besides it had contributed substantially to changes in the spatial references of these individuals

Application of ARX neural networks to model the rate of penetration of petroleum wells drilling

Bit performance prediction has been a challenging problem for the petroleum industry. It is essential in cost reduction associated with well planning and drilling performance prediction, especially when rigs leasing rates tend to follow the projects-demand and barrel-price rises. A methodology to model and predict one of the drilling bit performance evaluator, the Rate of Penetration (ROP), is presented herein. As the parameters affecting the ROP are complex and their relationship not easily modeled, the application of a Neural Network is suggested. In the present work, a dynamic neural network, based on the Auto-Regressive with Extra Input Signals model, or ARX model, is used to approach the ROP modeling problem. The network was applied to a real oil offshore field data set, consisted of information from seven wells drilled with an equal-diameter bit.

La banca de desarrollo y el financiamiento productivo

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