A law firm with a different perspective

Lease negotiations (on behalf of both Landlords and Tenants)

Whether you are seeking a new lease or renewing a current lease of a care home, school, sports ground, children’s day nursery or a shop, lease negotiations are crucial. We have experience acting on behalf of and representing both landlords and tenants and have assisted a range of clients from large businesses to individuals.

We can provide timely and practical solutions to your business needs, including advice on the heads of terms and the best way to structure the transaction to your advantage at the outset of any transaction and dealing with the negotiation of documents during the transaction itself.

Lease Negotiations for Tenants and Landlords

If you are the tenant we will:

  • review the landlord’s title on your behalf and advise you of any concerns; such as rights benefiting neighbouring land which may affect the property;
  • raise enquiries and review the landlord’s replies and report to you on any matters of practical concern that are revealed;
  • order all recommended searches and report to you on their contents, such as connections to mains infrastructure including gas, water and electricity;
  • negotiate and agree all necessary documents, including the lease and any rent deposit deed or licence for alterations, reporting to you on important matters such as repairing liabilities and potential dilapidations costs;
  • take care of completion and deal with any post-completion matters, such as submitting a stamp duty land tax return on your behalf and registering the lease at the Land Registry (if applicable).

If you are the landlord, we will:

  • compile a lettings pack for your prospective tenant, containing all the information required to give them a comprehensive understanding of your property;
  • draft, negotiate and agree all necessary documents including the lease and any ancillary documents (such as licences) in accordance with your instructions, including reinstatement obligations and break clauses (if applicable);
  • deal with completion of the documents on your behalf;
  • assist the tenant’s solicitor with any requisitions raised by the Land Registry in relation to their application for registration.

Lease Negotiations for Tenants and Landlords

Can a lease be changed after it has been completed?

A lease can be changed after it has been completed, but usually only with the consent of both parties. Changes to a lease are usually done by way of a deed of variation. This document sets out that both the landlord and tenant agree to amend the relevant parts of the lease.

How long does it take to negotiate a lease?

There is no exact time frame to negotiate a lease.
Key factors which effect negotiation include; the willingness of the parties to negotiate, size of the space, experience and expertise of the parties etc. We will keep you advised of the development throughout the transaction.

Are there any hidden traps a tenant should be wary of?

It is essential to understand how your repairing obligations link to payments you might have to make to your landlord at the end of the term. Understanding ‘dilapidations’ is important.

The agent says the lease must be ‘contracted out’ – what does that mean?

The agent is talking about contracting out of the security of tenure you would be entitled to as a business tenant under the terms of the Landlord & Tenant Act 1954. In other words, you are giving away the right to renew your lease when the term expires.

For further information regarding a purchase or sale of either a freehold or leasehold commercial property, please contact our commercial property solicitors on 01483 451 900 or make an online enquiry.