Commercial Property & Leases›Commercial Leases
Commercial LeasesUnderstand the lease before you sign it.
A commercial lease is one of the most important agreements a business will enter into — and often the longest. We advise commercial landlords and business tenants on preparing, negotiating and reviewing commercial leases so you know exactly what you are committing to.
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Know exactly what
you are signing.
A lease is more than permission to occupy
A commercial lease is a legally binding agreement that allows a business to occupy premises in return for the payment of rent and compliance with the terms of the lease.
Every lease is different. The rights and obligations of both the landlord and the tenant are determined by the wording of the agreement, together with the applicable law. A lease should not simply be viewed as permission to occupy a property — it is a detailed legal document that governs the relationship between the parties throughout the term of the tenancy.
Many businesses are understandably focused on the commercial aspects of securing new premises, such as location and rent. However, the legal terms contained within a lease may affect the business for many years. Obtaining legal advice before signing allows businesses to understand their financial commitments, their repair obligations, their rights during the tenancy, the circumstances in which the lease may end, their ability to assign or underlet, and any restrictions affecting the use of the premises.
The provisions that really matter
Commercial leases often contain provisions dealing with a range of important matters. The headline rent is rarely the only term worth attention:
- Length of the lease. How long the tenancy is intended to last and whether any options exist to extend or terminate it early.
- Rent. The rent payable, the payment dates and any provisions relating to future rent reviews.
- Repair obligations. Many commercial leases place responsibility for repairs upon the tenant, so understanding the extent of these obligations before signing is particularly important.
- Service charges. Where the property forms part of a larger development, tenants may be required to contribute towards the cost of maintaining shared areas and services.
- Permitted use. How the premises may be used — which should reflect both current operations and any anticipated future expansion.
- Alterations. Many leases restrict the alterations a tenant can make without the landlord's consent.
- Break clauses. Some leases allow one or both parties to end the tenancy early, provided the conditions of the break clause are satisfied.
- Assignment and subletting. Provisions governing whether the tenant can transfer the lease or allow another business to occupy the premises.
Before committing, it is worth asking whether the lease reflects your commercial objectives, whether you have understood the repair obligations, whether the rent review provisions are acceptable and whether the permitted use allows your business to operate as intended.
Practical advice on the lease in front of you
We advise both commercial landlords and business tenants on the preparation, negotiation and review of commercial leases. We take time to understand your commercial objectives before explaining the legal implications of the proposed lease in clear and straightforward language.
Our advice focuses on identifying potential risks, negotiating appropriate terms where necessary and ensuring that you understand the legal obligations you are accepting. Whether you are entering into a new lease or reviewing an existing agreement, we provide practical advice tailored to your individual circumstances.
Commercially focused, clearly explained
- Practical commercial property advice.
- Clear explanations of lease obligations.
- Commercially focused legal solutions.
- Advice tailored to landlords and tenants.
- Professional communication throughout your matter.
- A proactive and commercially aware approach.
We understand that every business is different and provide advice designed to protect your commercial interests while supporting your long-term objectives.
Commercial leases, answered
Should I have a solicitor review my commercial lease?
Yes. A commercial lease is a legally binding agreement that may contain significant financial and legal obligations. Obtaining advice before signing can help you understand the terms and identify any issues that may require negotiation.
Can the terms of a commercial lease be negotiated?
Many commercial leases are capable of negotiation before they are completed. Whether changes can be agreed will depend upon the circumstances and the parties involved.
What happens when my lease comes to an end?
The position will depend on the terms of the lease and the applicable law. Some tenants may have rights relating to lease renewal, while others may be required to vacate the premises.
Can I carry out alterations to the property?
Many leases require the landlord's consent before alterations are carried out. The lease should be reviewed carefully before any works begin.
Do you act for both landlords and tenants?
Yes. We advise both commercial landlords and business tenants on commercial lease matters.
Get the lease looked at before you are bound by it.
Whether you are taking your first commercial premises, negotiating new lease terms or seeking advice on an existing agreement, we can provide practical advice tailored to your business. Contact us today to arrange an initial consultation and discuss your commercial lease.
Prefer email? Write to info@jeffersonclarke.co.uk