Freehold and Leasehold for Pub/Bar?
"In the strictest sense of the words, Freehold and leasehold mean what you think they do. Freehold is that you own it outright and leasehold is a rental situation. That being said, there are scenarios like what Peter K. mentioned in his comment, where you're purchasing the building and business outright, but the land it sits on is actually being leased from a separate land-owner.  You may also be seeing the business itself being offered as freehold or leasehold. In this case, you may be purchasing the business of the pub from a pub company, but the building the pub resides in is leased from a property owner. The ""pub"" would be the business plan, decor, alcohol partnerships, etc. but not the physical structure in which it resides.  You should really look into hiring an Estate Agent to help you find what you're looking for. They will be able to assist in narrowing down your list, and may know of opportunities you're not seeing in ads." You should be aware that many pubs in the London (indeed, the UK as a whole) are sold as a leasehold with a beer tie. This typically means you pay less rent for the building and premises, but must enter a contract with the Pub Company to buy their beer and day-to-day supplies. You have the legal option to instead pay market rent for some (but not all) Pub Cos, under certain conditions. If you go with leasehold, the landlord can usually close your pub at their will. This is becoming a quite common occurrence in the booming real estate market of London. While your interest will be in running a pub, the Pub Co's interest will be in getting change of use planning permission and selling it to a real estate developer. Freehold is simple - it's when you own the building and the land it's on.  There's no rent to pay (but you will still have to pay taxes!). Leasehold is when the property is leased - rented out for a fixed period that could be anything from 6 months to 199 years.  There will be a rent to pay.  The person who owns the property is still the freeholder. There may be some confusion caused by what is being sold.  You can buy out a lease from the current leaseholder.  It's also possible to buy the freehold of a property that is currently leased to someone else. It is also possible to have a freehold building on leasehold land.
Alas, institutions do not always act rationally, and being an outlier by never having debt may be bad enough. Therein is your problem. The question, then, is do you want to do business with institutions that are not acting rationally? While I cannot specifically speak to Canadian business practices, I have to imagine that in terms of credit history as a prerequisite to a lease, it can't be too different than America. It is possible to live without a credit score. This is typically done by those with enough resources that do not need to borrow money. To make transactions that commonly use credit scores, such as a lease, they will provide personal financial statements (balance sheets, personal income statements, bank statements, pay stubs, tax returns, etc...) to show that they are credit-worthy. References from prior landlords may also be beneficial. Again, the caveat is to elect to only conduct business with those individuals and institutions that are intelligent and rational enough to be able to analyze your financial position (and ability to pay) without a credit score. Therefore, you'll probably have better luck working with individual landlords, as opposed to corporate-owned rental complexes. "Frequently selling and buying properties is generally not advisable in Germany due to the high cost for property purchase tax (""Grunderwerbssteuer"") and land registration fees (""Grundbucheintrag""). You can generally assume that ever time you trade homes, you pay about 10% extra. So it is likely a good idea to keep your property and rent it out while you don't need it so you can use the rent to pay for your new room. That's especially true if you expect the property to increase in value. Also, due to the low interest rate right now, real estate is practically the only good capital investment. A 85k asset which makes you 4.8k each year is a return of investment of 5.6%*. Any financial asset promising you that kind of dividend at the moment is likely equivalent to gambling. * yes, I ignored maintenance costs, but it's still a really good deal. If you want to rent out your flat as stress-free as possible, give it to a property management company (""Hausverwalter""). In exchange for a percentage of the monthly rent they will take care of all the small stuff (like hiring handymen to fix broken toilets). You might still have to pay for really expensive investments, though (like replacing a leaking roof). But when something like that happens, you should have no issue to finance it with a loan because you have a real estate as a security.  However, keep in mind that the German tenancy law might make it difficult (but not impossible) to get rid of the tenant in case you want to move back into the apartment. Google ""Mietrecht Eigenbedarf"" for more details. Should you decide after your study that you don't want to move back, you can always sell the flat with the tenant. But rented properties usually get far lower prices on the real estate market than empty ones. Regarding covering your cost of living besides rent during your studies: If you are eligible for BAföG (state-sponsored student loan), you should take it, because it's an offer simply too good to refuse. It's literally free money. But unfortunately you are not, because you own too much real estate wealth you are not living in. But you should ask your bank for a loan backed by said property. That way you will likely pay far less interest than with a regular private student loan which isn't backed by anything except the hope for a relevant degree." If you can get the health ratios based off of the total sales the tenant does divided by their rent plus nets. I know a quite a few big firms look at that to determine the health of the tenant.   Another item would be a surrounding market overview. Occupancy rates, average rent, big clients, future developments. The information on existing competitive properties are easy to find, just type in the name of their property plus the word leasing on the end. To find future development information, the city they submit to has to approve the plans. Some cities have it set up on their website over a Google maps type of link.   Edit: spelling  Good luck!     Edit 2: example of competition link. http://properties.brixmor.com/cre/commercial-real-estate-listings/frisco/texas/preston-ridge/overview/ "In addition to Alex B's excellent overview, I'd like to add a few more bits of advice. First of all, one term you should know is ""commercial real estate"" - which is precisely what this is. There is a business element, but it is strictly (and almost entirely) intertwined to the underlying real estate, which makes this a special category of business which is generally considered simply ""commercial real estate"" (just like office buildings, shopping malls, etc). All real estate and businesses value are based on alternatives - what other options are there? In appraisal, these are generally called ""comparables"". A professional appraiser is generally available for commercial real estate of this type. While a full, official commercial appraisal can run into the thousands, many/most (all?) appraisers are willing to sell you a simplified version of their service, which can be called a ""letter of opinion"" and can help you get an idea for the market price (what other similar commercial properties are running for). A loan company would strictly require this, but if you are thinking of an all cash or form of seller-financing this would technically be optional. Your best bet is to read about some of what is involved in commercial real estate appraisal and evaluation, and you may even want to speak with commercial loan officers - even if you don't know that you want to get a loan to acquire the property! It's their job to help inform you about what is required and what they look for, so they can be a potential resource beyond your own research as well. With this said, the only way to estimate value (and, conveniently, the best way) is to look at other properties! And by ""others"", I mean that you should really not consider buying absolutely anything until you've viewed at least 6-10 other options in some depth - and you probably want to double or triple that number if you are looking to make this the last big business transaction of your life. If you don't you'll be relying on little more than dumb luck to carry you through - which in this area of business, you don't want to do because the dollar amounts and liabilities involved can bankrupt you in no time flat. With that general advice out of the way, here's a tiny nutshell version of valuation of commercial real estate. There are a few key parts involved in commercial real estate: land, improvements (buildings, docks, stuff like that), income, and wages.  Land: the value of the land is based upon what you could sell it for, as-is. That is to say - who else might want it? This alone has many important factors, such as zoning laws, the neighborhood (including your neighbors), water/utilities, pacts on the land (someone may have insisted the land not be paved into a parking lot, or really anything like that), alternative uses (could you put a golf course on it, or is the land suitable for a big building or farming?), etc. And is this in a growing area, where you might hope the value will increase over the next decade, or decrease, or basically stay flat (and possibly cause losses compared to inflation)? Improvements: anything on the land is both an asset and a liability. It's an asset because it could add to the value of the land, but it might also reduce the land value if it interferes with alternate land uses. It's a liability, both in the legal sense and in that it requires maintenance. If you want to rent them out, especially, that means concern about any foundations involved, termites, roofs, sewage/septic tanks, utilities that are your responsibility (pipes, poles, wires), as well as any sort of ac/heating you may have, docks, and so on. These things are rarely free and absolutely can eat you alive. Income: Ah, the best part, the constant influx of cash! But wait, is it a constant influx? Some businesses are purely seasonal (summer only, winter only), some are year-round but have peak times, and others don't really have a ""peak"" to speak of. If you are renting, are there issues collecting, or with people over-staying? How about damage, making a mess, getting rowdy and disturbing others? Regardless, there is obviously some income, and this is usually the most dangerous part of the equation. I say ""dangerous"", because people absolutely lie like dogs on this part, all the time. It's easy to cook the books, assuming they even attempt to keep proper books in the first place! Businesses of this form often have a lot of cash business that's easy to hide (from Uncle Sam, or sometimes even the owners themselves if there are employees involved) - and fake! And some people are just shoddy bookkeepers and the info is just wrong. But, there will clearly be some kind of yearly income involved. What does this matter? Well...how much is there? How much is tied to the owners (personal friends do business and they will leave if the ownership/management changes)? In commercial real estate the income will be calculated for a fiscal year, and then there is something called a ""multiple"", which is market dependent. Let's say the whole place takes in $100k in rent a year. As part of buying this business, you are buying not just assets, but expected future income. In some commercial areas the multiple is as little as .5 to 2 - which means that the going rate is about 6-24 months worth of income, as part of the purchase price. So with 100k rent a year, that means 50k-200k of the purchase price is attributable to the income of the business. And if business is half of what you thought it would be? That means the net value of the whole enterprise decreases by 25k-100k - on top of the reduced income every year you own it! Income provides cash flow, which should pay all the expenses (cleaning up from wind storms, replacing windows that are broken, hauling off trash, replacing a well that ran dry), and then the extra that remains is positive cash flow. If you take out a loan, then ideally the cash flow would also pay that completely so long as you don't have any big unexpected expenses in the year - and still have some left over for yourself. Wages: Well, that money doesn't collect itself! There's sales, keeping the books, collecting the rent, performing maintenance, customer service, cleaning, paying the bills, keeping the insurance people happy, handling emergencies, and everything else involved with running the business. Someone is going to do it, and the biggest error people make here is not to put any value on their time - and to make it so they can never afford to take a vacation again! Pay yourself, and give yourself the flexibility to pay others when you can't (or don't want) to do it all yourselves. So, what's the point of all this? How do you actually make any money? In two ways: 1) selling the whole thing later, and 2) cash flow. For 1, it's important that you not be in a situation where you are betting that in the future there will be a ""person richer, and dumber, than I am now"". If the current owner wanted 2 million, then 1 mil, then less, over multiple years...this suggests either he is delusional about the value of his place (and most property owners are), or that its actually hard to find a buyer for such a business. You are going to want to make sure you understand why that is, because most of the value of real estate is...well, in the real estate itself! For 2, you need cash coming in that's considerably more than the cost of running the place. Also, cash flow can strongly change the value of the business for resale (depending on the multiple, this can make a huge difference or prevent you from selling the thing at all).  You mentioned you want to put in more cabins, more marketing/sales efforts, etc. That's great, but first, that would mean added investment beyond the purchase price. Is it legally and physically practical to add more cabins, and what is their current utilization rate? If they are only renting 10% of their current capacity, increasing capacity may be premature. This will also vary through the year, so you may find there is a problem with being sold out sometimes...but only for a small percentage of the time. Which means you'll be adding buildings only to have them used for a fraction of the year, which will be very hard to make a profit from. If cash flow is good, ideally even being enough to cover a loan payment to help cover the purchase price (and remember that commercial real estate loans are much smaller loan-to-value ratios than in residential real estate), there is one final barrier to making money: the damn non-regular maintenance! Roofs, wells, and wooden walls all have a sad tendency to cost you nothing right up until the point they cost you $30k+ on a single day. Is there enough cash flow to make these sort of certainties (and if you plan to be there for years, they are a certainty) not put you in the poor house? This was rather long, but I hope this overview helps you appreciate all that you'll need to look into and be cautious of during your future en-devour! Commercial real estate is generally costly and high-risk, but also can be high reward. You'll need to compare many opportunities before you can get a ""feel"" for what is a good deal and what is a terrible one. You'll need to consider many factors, such as resale value and cash flow/income (which they will have to tell you and you can assume is not true, due to ignorance or malice), as well as maintenance and liabilities, before you can begin to really estimate the value of an enterprise of this sort. There are people who can help you, like appraisers and commercial brokers, but ultimately you'll need to do a lot of research and comparisons yourself to help you make a good decision.  Finally, there is no very simple method for evaluating commercial real estate value. You need a variety of information, and you must be skeptical of what you are told because of the very large sums of money involved. It is doable (lots of people do it), but you must take care and do your due diligence so you don't get bankrupted by a single bad purchase." A large part of the cost seems to be that he created the physical space from scratch:   &gt; Because Tortosa chose a brand-new building that had never been occupied, every single thing had to be built in. The upside is that he was able to create his dream space from scratch. The downside: That it cost him much more time and money.  He spent approximately $500,000 doing that, and he received $100,000 from the landlord for doing it. So he's out $400k. The landlord will get a furnished space if he folds. "Well, that's good and bad more regulation, but your not an agency your something better(IMHO) If the lawyer says yes, I'd scrub all mention of the word ""agency"". Being an ""employment business"" is part of your USP. You will presumable have to educate on why this is better, but you may as well use the protected words your entitled too and report any UK agencies calling themselves an employment business to try and undercut you.  Check with your branding/marketing advisors this could be key (Oh and please PM, your launch page/teaser when you get to it)" Usually if the property is part of a strata then the water rates get sent to the owner each quarter to pay and the usage for the whole complex is paid by the strata. So in this type of situation your tenant would not have to pay any water usage. If for some reason, as you mentioned, your unit, although part of a strata complex, is individually metered and you receive a water bill for both water rates and water usage, then the tenant would be liable to pay the water usage portion. This can usually be arranged by either giving the tenant a copy of the water bill with the amount of usage payable, or organising with the water company to separately sending the tenant the usage part of the bill. As you had a real estate agent (managing agent) looking after your property at the time when the water usage was not being paid by the tenant, it would have been their responsibility to either recoup this money from the tenant or organise with the water compony to send the usage part of the bill to the tenants. That is part of the service you were paying them for. You may need to check with Fair Trading in your state to find out who you should be going after for this money, the tenant or the real estate agent. In NSW you have 6 months after the lease has ended to take the tenants to tribunal to recoup owing money, I don't know how long it is after end your agreement with the real estate agent to pursue them.  The case may be that you start with the tenant and if that doesn't work then try with the real estate agent. Of course you may want to contact your old tenants first to see if they are reasonable and agree to back pay the water usage (after you showing them copies of the water bills). The tribunal will ask if you have tried to mediate the matter first anyway. Then there is the matter of how much the water usage amounts to and whether it is worth chasing both the tenants and the real estate agent, paying the tribunal application fees and taking time off work to attend the tribunal. They are two different animals. When you rent you are purchasing a service.  The landlord, as your service provider, has to make a profit, pay employees to do maintenance, and buy materials. The price of these things will increase with inflation, and that rolls into your rent price. Taxes also are passed to the tenant, and those tend to only go upward. Market forces of supply/demand will drive fluctuation of prices as well, as other posts have described. When you buy, you are purchasing just the asset - the home. This price will also be driven by supply/demand in the market, but don't try to compare it to buying a service. Cheers! As user14469 mentions you would have to decide what type of properties you would like to invest in. Are you after negatively geared properties that may have higher long term growth potential (usually within 15 to 20km from major cities), or after positive cash-flow properties which may have a lower long term growth potential (usually located more than 20km from major cities).  With negative geared properties your rent from the property will not cover the mortgage and other costs, so you will have to supplement it through your income. The theory is that you can claim a tax deduction on your employment income from the negative gearing (benefits mainly those on higher tax brackets), and the potential long term growth of the property will make up for the negative gearing over the long term.  If you are after these type of properties Michael Yardney has some books on the subject. On the other hand, positive cash-flow properties provide enough rental income to cover the mortgage and other costs. They put cash into your pockets each week. They don't have as much growth potential as more inner city properties, but if you stick to the outer regions of major cities, instead of rural towns, you will still achieve decent long term growth. If you are after these type of properties Margaret Lomas has some books on the subject. My preference is for cash-flow positive properties, and some of the areas user14469 has mentioned. I am personally invested in the Penrith and surrounding areas.  With negatively geared properties you generally have to supplement the property with your own income and generally have to wait for the property price to increase so you build up equity in the property. This then allows you to refinance the additional equity so you can use it as deposits to buy other properties or to supplement your income. The problem is if you go through a period of low, stagnate or negative growth, you may have to wait quite a few years for your equity to increase substantially. With positively geared properties, you are getting a net income from the property every week so using none of your other income to supplement the property. You can thus afford to buy more properties sooner. And even if the properties go through a period of low, stagnate or negative growth you are still getting extra income each week. Over the long term these properties will also go up and you will have the benefit of both passive income and capital gains. I also agree with user14469 regarding doing at least 6 months of research in the area/s you are looking to buy. Visit open homes, attend auctions, talk to real estate agents and get to know the area. This kind of research will beat any information you get from websites, books and magazines. You will find that when a property comes onto the market you will know what it is worth and how much you can offer below asking price. Another thing to consider is when to buy. Most people are buying now in Australia because of the record low interest rates (below 5%). This is causing higher demand in the property markets and prices to rise steadily. Many people who buy during this period will be able to afford the property when interest rates are at 5%, but as the housing market and the economy heat up and interest rates start rising, they find it hard to afford the property when interest rate rise to 7%, 8% or higher. I personally prefer to buy when interest rates are on the rise and when they are near their highs. During this time no one wants to touch property with a six foot pole, but all the owners who bought when interest rates where much lower are finding it hard to keep making repayments so they put their properties on the market. There ends up being low demand and increased supply, causing prices to fall. It is very easy to find bargains and negotiate lower prices during this period. Because interest rates will be near or at their highs, the economy will be starting to slow down, so it will not be long before interest rates start dropping again. If you can afford to buy a property at 8% you will definitely be able to afford it at 6% or lower. Plus you would have bought at or near the lows of the price cycle, just before prices once again start increasing as interest rates drop. Read and learn as much as possible from others, but in the end make up your own mind on the type of properties and areas you prefer. NO Even worse, most BTL(buy to let) lenders will not lend if you are going to be living in the property.    There are very few lenders that will touch something like this.    It is likely you will also need to use bridging for the time the building work takes at something like 1.5% per month! Try posting the question to http://www.propertytribes.com/ as there are a few UK mortgage experts on that site. Get a lawyer to put this in contract form, with everything spelled out explicitly. What is fair is what the two of you agree upon. My own suggestion: Divide the property into things which are yours, his, and shared, then have each of you be responsible for all your costs plus half the shared costs, but get all the benefits of your half. That would mean that if he rents out his half, all the rental income is his; if you decide to live in your half, all the savings of not paying rent are yours.  Each of you pays your half of mortgage, insurance, and other shared costs. Repairs to shared infrastructure should be done by someone both of you trust. If you agree the work is needed and he does it rather than your hiring someone, you owe him the appropriate percentage of the costs; the two of you will need to agree on whether you owe him for that percentage of his time as well. Make sure you agree on some mechanism for one person offering to buy the other out, or to sell their half to the other party... or potentially to someone else entirely. (Personally, I would try to do that at soonest opportunity, to avoid some of the ways this can go wrong -- see past comments about the hazards of guaranteeing a loan; this works or doesn't work similarly.) Does that address your question? I believe he was recommended by one of the investors. After digging a little deeper, it seems the person who invested the most (I believe they own 40%) has his wife doing the taxes and paperwork. We've tried to get them to show us the paperwork and they always seem reluctant. They claim that they're not getting anything either, but they're more of a mutual partner that was introduced to us by the third investor. Basically I invested with a friend, who introduced a third investor (who bought in at the majority). I think it was my friend who knew this manager and hired him due to a past relationship they had. For more insight, my friend actually owns another 2 bars that are quite successful, but it seems he's completely not invested in this one despite owning 30%. "The Solicitor involved up front should be able to place constrictions as your suggesting.  I think you should look carefully at the desired wording. You deserve a return on your £100k. Say, the day after you buy (this is hypothetical, please bear with me) a developer says he needs the property and will give you £460k. Your wording here says you get £100k, and then, after the mortgage split £230k, but it seems more reasonable that your deposit doubles to £200k, the remaining £260k pays the mortgage, and the £130k left is split, £65k each.  My method accounts for the value of your £100k. Some would ask, why not apply the mortgage rate to that deposit? Because the home value may grow at a different rate. In my opinion, it's fair to apply the home value growth to the £100k deposit.  ""Fair"" means different things to different people. This is my opinion, and a suggestion. Consider it, and do what you and your partner wish. Use a solicitor. Put it in writing." It is through a vendor leasing to a provider(99% coverage lol).  Our municipality does not allow private entities to attach to the fixtures so that puts me in the cats seat.  They will be metering their own electric so that is not a problem.   You seem to be pretty knowledgeable,  would it benefit me to argue for yearly payments instead of monthly? "Edit #2 My whole answer was based on my misunderstanding that you were renting out a totally separate property to your girl friend.  I finally understand now that you're renting out a room in YOUR apartment flat to your gf.  So, based on my new understanding, I don't think it's necessarily a bad idea.  The answer below is my answer to a different question ;) Original Answer My answer has nothing to do with business, but is totally relationship based.   If you care about her in a ""we might be together a long time"" way, then I wouldn't do this.  I don't care what arrangements you setup before hand, at some point, you're bound to feel like she owes you something at some point.  Let alone the easiest of situations to imagine (she's late on the rent, she loses her job and can't pay, etc) you'll be forced to make decisions about how much your desire to love and care for her outweighs your need to pay your mortgage.  You can argue how magnanimous your are all day long, but is this something you want to bring into your relationship? Now, if you don't really care to stay with her that long and you could do life with or without her, then go for it.  I think the big question is, is your relationship worth £200? Edit In the interest of supporting my opinion, here are a few articles I found on the subject: Unfortunately, the way renting to friends or family often works out is far from what would be expected between people who care about one another. For the most part, friends and family members will actually make bad renters, because they’ll expect more from you than a tenant who doesn’t know you. You may get a lot of requests for maintenance and repairs, even for minor things, and you may also find that family members and friends think they should be entitled to perks because of your personal relationship with them. When they don’t get special treatment, they can get angry with you, and that hurts both your professional relationship and your personal relationship. American Apartment Owners Association ""In my experience, landlords renting to relatives doesn't work out perfectly,"" said Ceyhun Doker, a REALTOR® associate at Keller Williams Realty in Burlingame, CA. ""When you don't know each other, there are fewer problems."" realator.com"