We understand that NHS Property Services issued their lease heads of terms to practices on 31 March 2017. Please be advised that these terms are negotiable by practices on an individual basis. The terms sent out are not enforceable, but should be a first step to a negotiation between NHSPS and the practice. As previously advised by the LMC that all practices must obtain expert individual legal advice and we hope you have now all done so; so you will remember that the LMC negotiated special rates for practices with one specialist firm of solicitors.
There are of course ongoing issues with NHSPS attempting to levy extortionate service charges on practices and again we would remind practices of all advice previously issued - do not be bullied by NHSPS into paying charges that are unfair, inappropriate and have no legal basis. Advise NHSPS that you are disputing the charges and only pay what you consider to be a fair historic charge.
If you are looking to proceed with a lease negotiation, it is vital that you understand your liabilities and undertake appropriate due diligence. We are aware that some transitional arrangements are being offered to practices for signing new leases and would stress that practices should enter into any such transitional arrangements only when they are satisfied with the lease conditions, including all the charges. As above, you must obtain expert legal advice on your individual situation.
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