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44 commercial property


How much office space do I need?


We are frequently asked this question to which there is an expectation of a simple answer, writes David Thomas, partner, Vail Williams LLP


We could answer that for every staff member you would need to allow 100 sq ft per person (1:100), however this gives a misleading and incomplete answer without understanding more about the client's business.


What type of business are you?


This may seem a strange question. However it leads to the type of environment and type of work carried out. A firm which has a high dependence on cellular offices would have an average occupancy of 1:250/300 whereas a call centre could average as low as 1:60/80 with most occupiers being between the two. This again does not give a true picture.


How many staff and what role do they perform?


Here we start to get a real understanding of the type of space required and how to utilise an office most effectively; how many of your staff are always based in the office?; is there a sales team which is frequently on the road?; do you have a team who need large desk surfaces to work on plans?; could any of your staff desk share? Answers to these questions are key to understanding the blend of space that is required.


How intensively are you occupying your space?


Completing a staff count against the number of workstations can give surprising results. How many desks are fully occupied?; how


Dilapidations: What are you in for?


If you’re currently negotiating a lease of a commercial property then it’s important to ensure you have a clear understanding of the repairing obligations in the lease. You could be liable to pay for any wants of repair at the end of the rental period, referred to as dilapidations, write Greg Humphreys, partner and head of the commercial team and Michelle Di Gioia, partner in the dispute resolution team, Gardner Leader


If you accept a full repairing obligation then you are liable for all the costs incurred in keeping the property in repair.


There are a number of ways tenants can reduce their liability over these costs – for example, by accepting responsibility for as little of the property as possible, such as the internal parts. If a landlord insists on the tenant being accountable for the entire building then a tenant can negotiate to agree that it is only responsible for keeping the property in the same condition it was on the date of the lease. This is where a schedule of condition becomes


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vital, as it contains a description and photographs of the state of the property at the outset of the lease. The more comprehensive the schedule, the better the protection against any claims or question marks that may arise during the building inspection at the end of the lease.


But should a dispute arise between the landlord and the tenant then compliance with the pre -action protocol for dilapidation disputes is a must.


The protocol is a list of actions designed to avoid lengthy and costly litigation, by finding a sensible


compromise. The protocol prescribes that the following steps be taken:


• Send a schedule to the tenant, normally within 56 days of the tenancy ending, to include a list of work to be completed at the property (repair/reinstatement etc).


• Send a quantified demand, within 56 days of the tenancy ending, to outline all aspects of the dispute and the amount claimed for the breaches.


• The tenant should respond, usually within 56 days of the demand.


• The landlord and the tenant should meet before the tenant responds to the demand and agree on as many issues as possible.


• If the parties are unable to agree then the landlord should provide a detailed breakdown of the issues and


THE BUSINESS MAGAZINE – THAMES VALLEY – APRIL 2014


details of loss before issuing court proceedings.


Complying with the pre-action protocol will help to either resolve the issue or strengthen the case should court action become necessary. When faced with the possibility of a dilapidation dispute, it is as much about negotiating tactics and approach as it is about hard evidence of the costs of repairs. Even better – ensure you are protected from the outset.


Details: 01635-508080 www.gardner-leader.co.uk


many show a sign of life – jacket on the back of the chair but no one sitting there; are meeting rooms used? Most companies only fully utilise 60% of their office space – or flipping it the other way an FD may ask why 40% of the office space isn’t being regularly utilised?


How agile can your workforce be?


This doesn’t relate to whether your staff can do a backflip but how flexibly staff can work. With relatively modest investment in technology (in comparison to property costs) you can enable your staff to work wherever they need to, whenever they need to by moving to cloud computing.


The key is moving away from the culture of “presenteeism” of staff being seen to be at their desk, to working where they work best – to borrow the quote from various sources – “work is something you do, not somewhere you go”.


How many staff can fit in my office?


We were recently asked how intensively a client could occupy their premises by getting their staff to stand at counters to work. Whilst in certain task-based scenarios this could work, application across an entire workspace would create an unpleasant environment, not least due to the nature of office design capacity where air conditioning is traditionally provisioned for 1:100 and toilet and fire escape strategy at similar levels.


In conclusion it’s not how big it is; it’s what you do within it.


Details: David Thomas 07815-071882 dthomas@vailwilliams.com www.vailwilliams.com


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