Film company want to use my property.

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    Film company want to use my property.

    I have an unusual case. Sorry if this is the wrong forum.

    I have been approached by a fim company who want to use the garden, drive and outside of one of my properties for about two days filming. They do not need access to the interior.

    The tenant is a very private elderly lady of some 10 years standing. I know I cant consent to the filming without the tenants agreement. The letting agents have made this clear.

    The film company named a sum in the region of about £1000 for access and the managing agents when I consulted them suggested I offer the tenant about £100-£150 for her agreement.

    Unfortunately it seems a representative of the company first approached the tenant at the property. She knows how much money they have offered and wants to split the fee 50-50. She has pointed out that while I own the property I will not have the inconvenience of crowds of strangers around my home, possibly wanting to have tea made for them or use the bathroom. She says she is not very happy about having her privacy disturbed, and having to find somewhere else to put her car. If she is going to agree then it has to be “financially worth her while”.

    While half of £1000 is better than nothing at all (which would be the case without the tenants agreement) I wonder what people think of this. My partner thinks the tenant is being rather cheeky. However from her perspective she does have a point as it was not she who initiated the plan.

    I do not think she will agree unless we split the fee.

    #2
    If the locations the film company wishes to use are part of the tenancy agreement (which seems to be the case) it would seem to me that legally the matter is first and foremost between your tenant and the film company.
    What would stop her to agree directly with the film company without you receiving anything? Nothing, and arguably that would be her right.

    The tenancy agreement may stipulate that she may not sublet, but I am not sure this would count as subletting. Even if it did I doubt you could do much about it.

    So 50-50 seems a good deal for everyone. Actually imo it's the £100-£150 offer to her that is rather cheeky.

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      #3
      Have to say I agree; if anything it should be the tenant who gets the lion's share of the fee, for compensation for the aggravation she'll experience.

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        #4
        I would accept 50:50 and even offer to pay for local hotel for 1 night if aged T did not want the hassle of film crew. Of course any film payment is taxable income.

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          #5
          I agree with the others about the sharing of the fee.

          I suggest you make sure you are covered by the film company for any damage that might occur, make sure you document the state of the property before the start and get someone from the film company to sign the documentation / photos. A deposit against possible damage might be worthwhile.
          I also post as Moderator2 when moderating

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            #6
            If the film company has already approached the T direct, you are very lucky that they have subsequently spoken to you. Some T's would happily have agreed to the filming and pocketted the whole £1K, hoping LL would be none the wiser. As this is a windfall you wouldn't otherwise have received, I'd agree to the 50:50 split, to help keep things sweet with the T. After all, they are quite within their rights to refuse access altogether, so may decide to scupper the whole thing if the deal isn't fair!

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              #7
              Before you agree the split, make sure that it is written down who is responsible for paying for any damages that may occur.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #8
                Originally posted by thesaint View Post
                Before you agree the split, make sure that it is written down who is responsible for paying for any damages that may occur.
                And who is responsible if a claim arises from the film company. Does your insurance cover liability for this use?
                Assume I know nothing.

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                  #9
                  FWIW I don't think any of the 'split' scenarios are cheeky. You should get the best deal for you that you can. T should try to get the best deal she can for herself. You should both be happy or not do it at all.

                  You can assure her that film crews generally bring toilets and catering on site. I doubt they will be asking to use the loo/kettle.
                  Assume I know nothing.

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                    #10
                    If you get a cheque for £1000 and bung the tenant £500 you may get a Tax bill for the £1000. Better to have the Film Company hand YOU 2 cheques. I for you £500 and 1 for the Tenant £500 (which you take a copy of) you then hand the cheque to the tenant. (you are still in control) and you have a copy of the tenants cheque in case of any future argument.

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                      #11
                      Thanks for your advice.

                      The T and I have now agreed to split the money. The film company have put me in touch with their solicitors who handle the legal agreement documentation about insurance, hours of access, damages etc. Apparently they will send someone to film the property before hand to make sure everything is re-instated afterwards. In a way its rather like making an inventory of a property before and after a tenancy.

                      The film people have also assured us they have their own catering and toilet facilities and that they do not need to enter the property.

                      I will speak to the solicitor about 2 separate cheques as this seems a good solution to the payment/tax question.

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