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Five Key Considerations When Leasing Practice Premises

Five Key Considerations When Leasing Practice Premises

Ensuring a practice’s premises are fit for purpose and viable for use in the long-term is an important consideration for any business. For many GP practices, that will mean signing up to a lease and claiming NHS rent reimbursement. In this series of videos, Health real estate expert Rebecca Wakefield offers her five key recommendations for GP practices when negotiating and agreeing a lease. 

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In this short video, Rebecca explains the importance of engaging the services of a surveyor prior to solicitors being instructed, to ensure that the lease will be approved by the local Integrated Care Board. 

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Due to a legal rule under the law relating to trusts, no more than four people will be named as tenants when the lease is registered, even if all the practice partners are named as tenants in the lease. In this video Rebecca Wakefield details factors partners might consider when naming lease holders, as well as the requirement for partnership agreements and deeds of adherence, to ensure all partners recognise their responsibilities.

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To allow for change in partners, GP leases contain special clauses enabling the lease to be transferred to new partners. Here Rebecca explains the specifics of alienation clauses for GP leases.

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At the end of the lease, GP partners will want assured protection against a large bill of repairs. In this video Rebecca makes recommendations for establishing liability for repairs when negotiating the lease, rather than when dilapidations liability arises.  

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In this short video Rebecca details the importance of negotiating break clauses within a practice lease, exploring their particularities and strict conditions of compliance, as well as recommendations for seeking legal advice prior to exercising. 

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In this series of short videos Rebecca has provided five key recommendations for GPs when leasing practice premises. In short, the practice must obtain professional advice and support from surveyors and solicitors who specialise in acting for NHS GP practices. 

If you would like to discuss the legal issues around your practice premises or simply require more information please contact Rebecca Wakefield. 

Key contacts

Our experienced and approachable health real estate team deliver solution focused and effective advice to a wide range of NHS clients. We act for NHS Trusts and Foundation Trusts across the country, as well as Integrated Care Boards (ICBs), commissioning support units and national bodies, like NHS England and NHS Property Services.