Some tenancy agreements are only going to be signed by idiots

Approaching the subject of tenancy agreements as a rent review surveyor, arbitrator and independent expert, I believe our trade has a way to go before it can design tenancy agreements that will attract the talent the industry deserves.

This would mean getting away from just setting out a number of water-tight clauses that suit the landlord.

In truth, some tenancy agreements that passed over my desk would only attract the attention of idiots or those extremely naive.

Surely the industry is, and should be, better than this.

Companies need to look at their tenancy deals with a view to what happens at rent review time.

If there are clauses in the lease that are detrimental to the tenant's interest, generally speaking, it will result in less tenant interest or a tenant looking for compensation - both will result in lower rent.

Areas within the lease that are likely to fuel a "rental debate" include: subletting/assignment, upward/downward rent reviews, RPI adjustments between reviews, tight user clauses, restriction on alterations, improvements, fair maintainable trade, length of lease, the production of accounts, tie and discounts.

There is no doubt the balance between the right agreement for the landlord and an attractive agreement for the tenant is a difficult one to get right, particularly given that most benefits to the landlord are likely to be negative factors to a tenant.

Of late, given a buoyant market, the detail in such deals has sometimes been overlooked because of the tenant's eagerness to occupy.

The oversight on such detail has the potential to cause problems in a slower market. In fact, some properties may be un-

lettable on terms agreed in better times.

We must, of course, consider that when looking at agreements "one man's meat is another man's poison" and, depending on the tenant's vision for their business, the tenancy agreement will either aid or hamper their efforts.

It needs to be structured in such a way that the tenant can make a good living within an agreement that allows for, and rewards, the entrepreneur.

A good tenancy deal will provide the landlord with stability and consistent, healthy returns.