“In their hurry to get their business off the ground, commercial tenants often neglect to take legal advice about obligations in their leases. Whether renting out an office, a shop, a factory or a warehouse, a savvy landlord will always seek the advice of a solicitor and the first draft of a lease will prioritise their own interests over their tenant’s.
It isn’t always possible to negotiate all the terms in your favour, but it’s reasonable to expect to strike a fair balance.
Key terms within the lease will usually have been set out by a commercial estate agent, including: the length of the lease, the rent, obligations to carry out repairs, any service charge provision and the frequency of rent increases. Tenants will want to consider what’s called a “break clause” to allow them to end the lease early, and ensuring that service charge payments and repair obligations are realistic.
As solicitors, it is our role to make sure the lease is fair and that you are aware of your rights and responsibilities. We would deal with the registration of title and the payment of any Stamp Duty Land Tax, and would want to be satisfied that you have checked that the business you have in mind can be carried out on the premises and that the correct planning permission is available.”
Sanjeev Harash has recently joined Beviss & Beckingsale after moving from London to be closer to his family. In his spare time, he enjoys messing about playing cricket with his young son and taking him swimming. He works in the firm’s commercial department in Honiton.
If you are a business tenant considering entering into a lease or would like assistance negotiating the terms of your lease, we can offer a free consultation to advise you. Please call Sanjeev Harash on 01404 548050 or email sanjeev.harash@bevissandbeckingsale.co.uk
For more legal advice, visit: www.bevissandbeckingsale.co.uk
