Security of Tenure for Business Leases
When securing new premises, the future preservation and success of your business may hinge upon your security of tenure. Legal advice should always be sought prior to entering into a new business lease, as well as in relation to any security of tenure issues that may arise during the course, or upon expiry, of an […]
Taking on a Commercial Lease
If you are a tenant looking to lease new business premises there are numerous issues to consider, not least your legal rights and responsibilities. Some of the most frequently asked questions relating to commercial leases are set out below. What is a commercial lease? A commercial lease is a legally binding document setting […]
Breach of a Commercial Lease (What to Do!)
Both Landlords and tenants can be found in breach of a commercial lease under either the Law of Property Act 1925 or Landlord and Tenant Act 1954 if they fail to meet one of more of the lease covenants. When a tenant has breached the terms of their commercial lease, landlords can respond through serving […]
Commercial Lease Notice to Vacate
When a commercial lease is in place the tenant normally holds the right to remain in occupation until the lease expires. However, as a landlord there are some circumstances where you can take back the premises during the term by issuing a commercial lease notice to vacate. Tenants will often challenge a notice to vacate […]
What is a Commercial Lease Insurance Clause?
It is in the interests of the landlord and the tenant that a commercial lease sets out details of the insurance terms in full. If there is no commercial lease insurance clause there is no obligation to insure the property, resulting in problems for both parties. Who is responsible for insuring a commercial property? […]
Rights Without a Lease (A Guide for Commercial Tenants!)
Ordinarily, commercial property landlords and business tenants should sign a written tenancy agreement setting out the terms of the lease. This provides certainty of both parties’ rights, obligations and clarity of how to resolve any disputes that may arise. It is not generally advisable to lease a commercial property without a written agreement. Issues typically […]
Buying Commercial Property (Key Considerations!)
If you’re considering buying commercial property, there are many financial, practical and legal aspects to work through before committing to the transaction. In this guide, we examine some of the advantages and disadvantages of buying business premises, as well as the practicalities and legalities involved with purchasing commercial premises. What is classed as commercial […]
What Happens When a Commercial Lease Expires?
The legal position of a tenant when their commercial lease expires will depend on whether their lease is subject to the Landlord and Tenant Act 1954. Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they […]
Commercial Rent Review Clauses Explained
Rent reviews in commercial leases are generally carried out when a landlord wishes to bring the rent in line with the current market level. The following guide explains how rent reviews work in practice and what they mean for the landlord and tenant. What is a rent review clause? A rent review clause […]
Stamp Duty on Commercial & Non-Residential Property
Stamp Duty Land Tax (SDLT) can make a significant difference to the overall costs when buying non-residential land and property, so it is important to understand the rules around when this levy is applied, the commercial SDLT rates and how this is calculated. In this guide for buyers, we explain the rules on stamp duty […]
Renewing or Ending a Commercial Lease Agreement?
If you are a business tenant and the commercial lease for your business premises is due to expire you will need to consider your next steps. You must determine whether you want to end or renew your lease, and if the latter under what terms, and communicate your intentions to your landlord. To ensure a […]