Request ID
20799
Date Received
Date Resolved
Details

See notes

Resolution
See notes
Notes
Date

I am writing to request information under the Freedom of Information Act 2000 regarding the fiscal management of commercial leases by Wokingham Borough Council. I am seeking general recorded information on how commercial leases are constructed, which may help inform my understanding of standard practices and policies. Please provide information on the following:

1. Policies, guidance, or decisions taken relating to concessions. This includes rent reductions or incentives provided to commercial tenants, as well as how these are applied in the context of commercial lease contracts.
Our Constitution https://wokingham.moderngov.co.uk/ieListMeetings.aspx?CId=299&info=1&MD=Constitution sets out how we operate, how decisions are made and the procedures we follow. The Constitution is public information; it is fully accessible on our website. Decisions made on the rents for our commercial properties are taken in based on achieving best value for the Council. The Council’s Asset Management Plan - is published on our website provides further details.

2. Internal procedures for auditing or approving service charge expenditures when the service charge would be deemed to be beyond a “reasonable cost” to be passed on to a commercial tenant as set out in the Councils commercial lease.
The Council makes decisions on these matters within the parameters our Constitution, of Section 12.1.4 of Accounting Procedures and Standards provides context. Additionally, the Council and its agents adhere to relevant legislation and guidance in relation to the management of its commercial property portfolio in particular the standards and mandatory requirements of the Royal Institution of Chartered Surveyors.

3. Any guidance, documentation or processes followed by officers when negotiating commercial leases or responding to tenant requests for financial adjustments.
Please see response to Q1. Section 11 of our Constitution details the scheme of delegation to officers. The negotiation of commercial leases is a day to day matter the Council does not publish procedures for this. The Council will respond to such requests in a timely matter.

4. Any evaluations or reports regarding the performance of the council’s commercial property portfolio since it received low-interest loans from central government in 2018, e.g., time taken to typically renew commercial leases or otherwise.
Please see response to Q1.

5. Any documents or records that demonstrate the council has followed both the legal requirements and governance best practice in avoiding detriment and bias when negotiating commercial leases. The above includes information in: • Emails, letters and internal memos
• Reports, policies and meeting minutes
• Databases and spreadsheets
• Audio and video recordings
• Contracts and procurement documents
See response to Q1 & Q2. This detailed further within sections 1.5 & 1.6 of the Constitution.
Commercial property transactions are governed by English legislation relevant to business tenancies. Under the Local Government Act Council are required to achieve best value for their commercial property.
Section 5.12.12 of the Constitution details the Exempt and Confidential Information and how the provisions of this Rule will not require the disclosure of any exempt information as defined in paragraphs 1 to 7 of Part I of Schedule 12A of the Local Government Act 1972 as amended. Such information relating to the financial or business affairs of any person (including the authority holding that information) are Exempt information.
Under the scheme of delegation decisions on commercial property transaction are delegated to Service Director for Commercial Property. This a day to day matter and not a Key decision, as such information relating to this decision is not published.

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