Business Leases

We have an experienced team of specialist commercial property solicitors who advise both landlords and tenants on a range of issues relating to commercial and business lease terms, whether offices, shops, industrial units, warehouses, retail units  or any other type of commercial property.

We have 2 offices, one in North London and one in Central London. Our solicitors and lawyers advise clients throughout London and in areas including Barnet, Brent, Harrow, Watford which are close by our Edgware office. Our expertise extends to but is not limited to:

• Drafting and negotiating lease terms and contracts
• Assignments (transfers of existing leases) and sub-letting
• Enforcement of breach of lease
• Forfeiture (where landlord claims an entitlement to terminate the lease, usually for non-payment of rent)
• Specialist advice regarding offices, shops, restaurants or industrial units
• Issuing proceedings for the possession of premises
• Issues arising from the Landlord & Tenant Act 1954 and lease renewals
• Landlords' consents
• Service charge issues
• Recovery of possession
• Removal of unauthorised occupants
• Rent reviews/rent arrears

Landlords - tips for negotiating business lease terms

For Landlords, the following are likely to be important issues to consider:

• The chance of tenant default;
• Ease of re-letting if tenant defaults, and time taken to find new tenant;
• Value of property;
• Acceptability as security for a loan;
• Cost of repairs and other expenses;
• Location;
• Rent deposit/personal guarantee
• Whether to agree break clauses/rent renewal clauses/should lease be renewable (contracted in) under the landlord & Tenant Act 1954 (as amended)

Important considerations for tenants

A well advised tenant will always carefully check, take advice and and negotiate on, as necessary, amongst other things, responsibility and the position on:

• internal and external maintenance and repair. Check if you’re responsible only for maintaining the premises in its current condition, otherwise you may be liable for damage or wear and tear that occurred before you occupied it.
• that the building meets fire, and health and safety regulations
• insurance for the premises and building
• that the premises have the right classification of use for your business
• access requirements under the Disability Discrimination Act (DDA)
• how much is the rent and is Vat payable on top
• when will the rent need to be paid
• what is the rent deposit, how will it be held, in what circumstances can the landlord draw on it• what happens to interest earned and when can it be refunded
• does the rent include rates, if not how much are these?
• does the rent include any building insurance or other insurances?
• are service and maintenance charges included? does this include cleaning?
• are any shared services such as parking, security, reception staff included? If not how much are these?
• are utilities (gas electric, water, phone/communication lines, air conditioning) included and are they sufficient for your needs?
• how often, and when, will the rent be reviewed?
• are you able to sublet all or some of the space?
• can you access the building whenever you like or are there restrictions?
• If it’s a long-term arrangement are there any break clauses where both parties can terminate early, and what is the procedure
• Is the lease renewable ?

Our commercial property and lease expert solicitors and lawyers are happy to advise you on any issue and provide a fixed cost quotation. Please complete our commercial property and lease enquiry form or telephone us today.

You may also want to visit http://www,beingaleaseholder.co.uk which is our designated lease advice site.