A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
Good relationships between commercial landlords and their tenants rely on well-drafted leases that are clearly understood by both parties.
Our commercial property solicitors in Orpington, Dartford and Bexleyheath provide seasoned expertise for both landlords and tenants.
When you work with our team, you can be confident that your questions will be answered clearly, your concerns will be listened to and your best interests will be protected at all times.
We offer a mix of legal expertise and commercial know-how, allowing us to add real value to your commercial leases while effectively managing your areas of risk.
The team at T G Baynes can provide commercial lease advice for matters including:
- Drafting commercial leases for landlords
- Reviewing commercial lease terms for tenants
- Commercial lease renewals
- Terminating commercial leases
- Assignment of commercial leases
- Granting of underleases
- Commercial lease disputes
Contact our commercial lease solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our commercial property solicitors in Orpington, Dartford and Bexleyheath, please fill in our simple enquiry form or call 020 8301 7777.
Our commercial lease solicitors’ fees
Given the value of a typical commercial lease, getting the right legal advice is essential. Our solicitors’ costs for commercial lease advice reflect the high-level expertise and first-class service we offer. We provide competitive hourly rates with complete transparency over all billable work.
To discuss our fees or to request a cost estimate, please get in touch using the contact details above.
Commercial lease law FAQs
What is a commercial lease?
A commercial lease is a legal agreement between a landlord and tenant granting the tenant the use of a property or piece of land for commercial purposes.
The lease agreement will cover details such as:
- Which property/piece of land is being leased
- How much the tenant will pay to the landlord
- The rights and responsibility of both landlord and tenant for the duration of the lease
The lease will also typically cover issues such as what activities the tenant can and cannot undertake at the leased property, how the lease can be extended and terminated, and how any disputes between the landlord and tenant should be dealt with.
While it might be tempting to use a commercial lease template, it is always recommended to create a bespoke lease agreement. This ensures that it properly matches your circumstances and effectively manages any specific areas of risk you may be exposed to.
How much does a commercial lease cost in the UK?
The cost of a commercial lease will depend on the circumstances. The landlord will normally cover the cost of having the lease agreement drafted while the tenant should ideally have a solicitor review the lease agreement for them before signing. If there is a need to negotiate terms, then both sides would normally need to cover the costs of their own legal advice.
What rights do commercial tenants have without a lease?
Commercial tenants may have rights even if they do not have a lease or their existing lease has expired. Exactly what rights they have will depend on the circumstances, including the basis on which the tenant has been occupying the property.
In general, a commercial tenant will occupy a property on one of the following bases:
- Licence to occupy – This is usually used where a landlord is granting someone non-exclusive use of a property. The occupier does not gain a legal interest in the property and either party can terminate the agreement at any time.
- Tenancy at will – This usually means the tenant has exclusive use of the property but either party can terminate the tenancy at any time.
- Periodic tenancy – This is where there is an agreement for the tenant to have use of the premises or there is an implied tenancy because the tenant is paying rent to the landlord. How much notice the landlord would need to give to end the tenancy would normally depend on what the normal rental period was i.e. the standard time between rent payments.
- Fixed term lease – Where there is an agreement (oral or in writing) for the tenant to occupy the premises for a fixed term.
If a tenant does not have a written commercial lease agreement with their landlord, then their exact rights will depend on which of these bases they are occupying the property under. Our commercial property solicitors can advise landlords and tenants about landlords’ and tenants’ rights under a range of circumstances.
What happens when a commercial lease expires?
What happens when a commercial lease expires will depend on whether the lease is ‘protected’ or ‘unprotected’.
As standard, commercial tenants will have security of tenure, meaning they have a right to obtain a renewal lease on similar terms to their existing lease. The tenants would, therefore, be able to stay in their property when their lease expires.
However, it is possible for landlords and tenants to agree to ‘contract out’ of security of tenure. In such cases, the tenants would have to leave when their lease expires unless they have already agreed a lease renewal with the landlord.
How do you negotiate a commercial lease?
Commercial lease arrangements are complex and leases tend to be long documents with many different clauses. For this reason, it is normal for both parties to have expert legal advice before agreeing to a lease. At the bare minimum, the landlord should have an experienced commercial lease solicitor draft the agreement for them and the tenant should have an expert in commercial leases review the lease for them.
If the tenant wishes to amend the suggested terms, it is sensible for them to have their solicitor draft any required amendments for them. This helps to ensure that those terms mean what the tenant intends. Where appropriate, the solicitors can directly negotiate with each other to agree terms, then discuss this with their clients to make sure both parties are happy before signing.
Contact our commercial lease solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our commercial lease solicitors in Orpington, Dartford and Bexleyheath, please fill in our simple enquiry form or call 020 8301 7777.