Whether you are a landlord, are starting a new business or are changing business premises, there are many careful considerations that need to be made prior to signing a commercial lease. Ensuring that you seek legal advice and guidance throughout the process is crucial.
Entering into a commercial lease without first knowing where you stand can be problematic, with the possibility of causing future disputes between landlords and tenants. Having a lease that meets your requirements and needs is important. Whether you are a landlord or tenant, our commercial lease solicitors in London can ensure your interests are covered.
Whether you are a landlord or tenant, our London commercial property lawyers have years of collective expertise and are able to provide the support needed. We have dealt with a range of commercial lease matters, from those straightforward to others more complex to resolve.
When you choose to work with the HPLP team, you will receive clear, realistic advice and practical guidance you can trust. Our team will always have your best interests at the core of what we do. We will find the best possible outcome for you, whether you’re the commercial tenant or landlord.
For swift advice and representation on all aspects of commercial leases, please contact our London office to speak to a member of our team now. Or make an enquiry online and we will get back to you shortly.
Our commercial lease services in London
Our pragmatic and efficient solicitors can provide practical advice and guidance on matters including but not limited to:
- Drafting a commercial lease
- Negotiating the terms of a commercial lease
- Extending a commercial lease
- Terminating a commercial lease
- Rent reviews
- Break clauses
- Subletting
- Commercial lease disputes
- Service charges
- Lease covenants
Commercial lease FAQs
What is a commercial lease?
A commercial lease is a legal contract where the landlord of a building lets their premises to a business where they will carry out commercial activities. There are many types of commercial premises, from office blocks and restaurants to retail shops and more.
What’s the difference between a commercial and residential lease?
While the concept of a lease on a commercial property is extremely similar to a residential property lease, the difference between the two is that a commercial lease allows the property to be used for business purposes.
What terms should you include in a commercial lease?
For a commercial lease to be robust and effective, it needs to cover all of the rights and liabilities of both landlord and tenant. It should also include provision for how any disputes are to be resolved.
To ensure your commercial lease includes everything that you need, seeking advice and guidance from a solicitor is paramount.
A robust commercial lease will generally include the following:
- What type of premises is being let
- The address of the premises
- The commercial tenancy duration
- How much rent is due and the frequency of payments
- What business is to be carried out at the property
- A break clause
- The terms of the commercial lease
- Terms for assignment and subletting (if permitted)
- Rent review
- Service charges
There are many other aspects which can be included in the agreement, but this usually depends on the property in question and the circumstances surrounding it.
Can you negotiate the terms of a commercial lease?
If you have been presented with a commercial lease agreement that does not reflect the needs of your business, it is possible for the terms to be negotiated to ones that suit the business better. However, where you already have an existing lease in place, it is not often possible to make negotiations.
Our commercial property solicitors can help to provide assistance in negotiating the terms of a commercial lease to suit the needs and requirements of your business.
How long will a commercial lease last?
The length of a lease on a commercial property will entirely depend on the business and the landlord. Initially, the lease may be set for a short period but can be extended for a further period of time. A typical commercial lease will be set for between three to five years.
What is a break clause in a commercial lease?
A tenant might be able to end their lease early, depending on what is written into the commercial lease. This is often achieved through the inclusion of a ‘break clause’, which specifies the terms under which the lease may be ended or ‘broken’ early.
A break clause will normally give a set date or dates during the term of the lease when the tenancy can be ended early. For example, the break clause may be set at 18 months into a three year lease allowing either the tenant or landlord to end the lease should they wish to do so.
There are other ways for the commercial lease to be ended early, but this will be down to the landlord and if they are open to certain things, such as termination (surrender), transfer (assignment) or subletting (underlease).
How do you renew a commercial lease?
Most commercial leases have renewal rights, except for a few exceptions, such as a farm business tenancy or mining tenancy. The landlord has the right to refuse a lease renewal under certain circumstances, e.g. where the tenant has breached the terms of the lease or the landlord wishes to personally use the premises.
Typically, the lease renewal process should begin 6 to 12 months before the lease is due to end. The tenant will need to serve their landlord with a section 26 notice, or if the landlord wishes to request a lease renewal, they will need to serve their tenant with a section 25 notice.
Commercial lease terms can potentially be negotiated by the tenant if they are unhappy with the terms set out in the lease. If negotiation or mediation is not appropriate, a court referral may be required to find a solution.
Our commercial lease fees in London
At HPLP, we believe in being entirely transparent with our commercial lease fees. During your initial consultation, we can provide you with an estimate of the expected costs, to include our fees and any applicable third-party costs.
Where matters are straightforward to resolve, such as drafting a commercial lease agreement, we may be able to offer our services on a fixed fee basis.
Why choose HPLP for commercial leases in London?
30 minutes free consultation
We offer our clients half an hour of free advice and a fixed fee estimate of what you will likely be paying when instructing the HPLP team. We do this so you are fully informed before making a final decision.
Law Society Lexcel accredited
We are proud to have received the Law Society’s Lexcel accreditation which reflects our commitment to providing top quality client care and practice management.
To find out more about how our team can support you with commercial lease matters, please don’t hesitate to contact a member of the team for expert support.
Get in touch with our commercial lease lawyers in London
For swift advice and representation on all aspects of commercial leases, please contact our London office to speak to a member of our team now. Or make an enquiry online and we will get back to you shortly.