Corporate CommercialThere are those who I have encountered at various business functions (or indeed any other opportunity) over the recent past who will have been on the receiving end of my increasingly passionate diatribe about what is going to happen to our High Streets and town centres in the majority of the towns around the country.

So with an almost unique sense of anticipation I awaited the publication of the Portas report, which with impeccable retail timing, came out in December.

Government reviews rarely excite anticipation beyond the particular groups who have vested interests in the outcome. It may even be said that this is the case here too, but in this case the interest group is actually all of us, whether we have realised it or not.

The steady emptying of our urban centres of their shops and businesses has an impact on us all.  In many cases this process has been well-disguised with artistic murals, or short-term lettings, but it is nevertheless occurring and needs to be addressed.

We all understand that we are living in austere as well as interesting times. But in my view even when the economy does pick up the town centres will not revert back to how they were twenty years ago, and I would not argue for a moment that the clock should be turned back in any event.  Change will always happen, but we do need to make a conscious effort to make sure that it occurs in a positive and managed way rather than occurring by default and neglect.

Portas refer to “social as well as economic capital” being lost. As the High Street moves on, or rather online, the communal and social elements that they bring to us as a society risk being lost unless we plan with imagination and creativity how to deal with the loss of the town centres as a focal point for commerce on a personal scale.

Shopping that has moved online, or out of town, is unlikely to return to the centre of towns. Many office-based businesses now look either to cheaper, more remote sites or increasingly to smaller bases with much more flexibility aided by the never-ending technological advances. So what is left?

Judging by the proliferation of coffee shops the need to retain a social focus in our lives remains as strong as ever.

Happily Portas  cites a number of imaginative and proactive towns where schemes such as advancement of farmer’s market concepts and outlets for smaller businesses are bucking the trend.

Around the county there are various good examples of where markets have sprung up, and expanded rapidly in town centres as people look to more locally sourced products, and small businesses look to deal directly with their customers.

Generally those markets are not daily events however and, encouraging as they are, they can only be the start of the response.

In the report there is a quote from the response to the consultation from the Local Government Association which states :

“The most vibrant town centres offer a wide range of locally responsive services that create a comprehensive retail, cultural and community hub. This is crucial for the future of the High Street as it is an offer that its competitors struggle to match. Future Government policy must acknowledge this, not treating retail in isolation, but empowering councils to integrate the shopping offer effectively alongside other cultural and community services.”

Wouldn’t we all like our local High Street to meet that aspiration?

Then we need to push and support our local councils (and central government) to achieve this.

There are some good proposals in Portas. You may not agree with me as to which ones they are, that is fine. But we must have the debate, and then move on to ensure there is action.

Let’s not leave it too late.

 By Dean Orgill

Ask our Experts

Tenancy agreementQ.  I have agreed to take a 5 year lease on some retail premises and the Landlord has indicated that the lease “will exclude the Landlord and Tenant Act 1954”.  What does this mean?

Under the 1954 Act, subject to a few exceptions, if you are a business tenant then, at the end of the lease, there are only limited grounds (some of which involve the payment of compensation) upon which the landlord can require you to vacate. 

However, there is a procedure whereby the “security of tenure” provisions of the 1954 Act can be excluded by agreement between the parties at the start of the lease.  If they are excluded then, unless you agree with the landlord terms for your continued occupation, you must vacate at the end of the lease and no compensation will be payable.

In many instances this is not a problem for the tenant but, in the retail sector, it can be.  During the lease, customers will automatically come to know where you are and associate you with particular premises.  Consequently if you have to move at the end of the lease, there will not only be disruption and cost to your business but there would also be nothing to prevent the landlord letting the premises to a similar business which then ends up taking your customers.

By David Gordon

Tenancy agreementsA study by mortgage lender Halifax, suggests that almost half of potential UK homebuyers believe Britain will become a nation of renters within a generation. 

Any tenant wishing to rent residential accommodation should undertake certain checks to ensure that their deposit is adequately protected by the landlord. 

As from 6th April 2007, a landlord who grants an Assured Shorthold Tenancy and takes a deposit from a tenant will need to ensure that the tenant’s deposit is protected by an approved Tenancy Deposit Scheme (TDS) within 14 days of receipt.  The landlord will also need to provide the tenant with prescribed pieces of information within 14 days too. 

Failure by a landlord to protect the tenant’s deposit and provide the prescribed information may mean that the landlord will be prevented from recovering possession of their property, or they may be forced to pay a fine to the tenant equivalent to three times the level of the deposit.  It is therefore all the more important that both landlords and tenants are aware of the law and their obligations.

Any landlords or tenants seeking advise on tenancy agreements and deposit should contact me.

By Scott Gair