The finances & use of the property
5. Value protection
Every lease agreement should include a value protection clause. This clause regulates the factor of "increasing or decreasing costs" in relation to the lease fee. This is particularly advantageous for both parties over a longer term. The formula is used to adjust the lease fee upwards or downwards based on the consumer price index published on a set date and the associated changes.
6. Deposit
The deposit should not exceed the rent by more than 6 times. As a rule, the deposit is 3 times the monthly net rent. The factor 6 should only be used if the inventory and furnishings provided are in very new condition and no additional payment is required. Deposit payments no longer have to be transferred to an interest-bearing account by the lessor.
7. Transfer fee
Compensation payments for inventory and goodwill are very often charged, especially when a new tenant is being sought when the current tenant wants to hand over the business. However, the expectations are often far removed from what can be achieved on the market. There is currently a large selection for lessors and they can often choose from several offers at the location. In addition, compensation payments often have to be financed through the bank. However, banks are very reluctant to finance loans for the catering industry, if at all. This means that the circle of potential tenants is considerably smaller. It is also important to disclose the figures and calculations. Profits, which form the basis for calculating the goodwill, should be disclosed via the BWA. A list of the equipment, ideally with the original invoice, helps to calculate the inventory. It is important, however, that this value should under no circumstances exceed the book value in the investment account. For the broker, this makes a big difference when considering the chances of success. A compensation payment significantly reduces the chances of successfully finding a tenant. He can only introduce interested tenants to the client, but he cannot take responsibility for whether they are willing and able to pay the fee charged. The compensation model is therefore different.
8 Purpose of the business
The use of the leased property should also be clearly regulated. An example is a property that was previously used as a restaurant and is now to be run by the lessee as a shisha bar. It is therefore advantageous for the lessor to set clear restrictions in order to clearly restrict the intended use of the property to the desired use.
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