Category Archives: commercial lease

Average length of commercial lease reducing

Lease Lengths of Commercial Properties hit all time low An annual study of commercial property tenancies recently carried out by Investment Property Database (IPD) and the British Property Federation has shown that there has been a dramatic fall in the length of leases on commercial properties over the past five years. The survey, the biggest […]

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How landlords & tenants should work together in difficult economic conditions

It is common that businesses who occupy a building will lease instead of purchase. In today’s difficult economic climate, landlords and tenants will read every letter of small print in the lease to enforce each other’s legal rights looking for angles and opportunities but does a practical rather than legalistic approach reap better benefits ? […]

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Getting it wrong with beak clauses on commercial leases can prove costly

Businesses and individuals who occupy commercial properties have been issued a warning to read the contractual lease agreement which may contain a break clause. This is after a firm has been fined £300,000 in a case in Bristol where the High Court ruled for the landlord to issue a fine after their tenant’s right to […]

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Restaurant leases – tips for landlords

Despite the current economic climate, new restaurants are opening up every month in an attempt to establish themselves into successful businesses. Landlords who own property that is ideal for restaurants are therefore not short of prospective tenants. As landlords, it is imperative for you to ensure you have found the right tenants, as this can […]

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Better bargaining position for tenants now with commercial leases

Recent trends have witnessed commercial leases being at their most flexible they have ever been. This has had the result of a number of factors including a big shift in respective bargaining positions. From a tenant’s point of view, a long lease, which could be sold at a premium, but with lots of flexibility in […]

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Consequences of Delaying Consent To Assign or Sublet Commercial Lease

It is not unusual for a commercial property lease to prevent a tenant from assigning or subletting the property. Where assignment or subletting is permitted it will usually be qualified to state that it can only be done with the consent of the landlord. In such circumstances the landlord cannot unreasonably withhold consent nor delay […]

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Landlord deposit scheme

LANDLORD DEPOSIT SCHEME: WHAT TYPE OF TENANT IS COVERED? If you become a new tenant, having entered into a leasehold agreement with your landlord for a property, one of the first things you will be required to do is to pay a deposit to your landlord. The landlord has a duty to protect this deposit, […]

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Subletting

Subletting What is subletting? Subletting is an agreement whereby an existing tenant of premises lets the property or part of it to another person (the subtenant). The agreement is between the tenant and subtenant and consequently the rent is paid to the tenant as opposed to the landlord. Subletting arrangement Landlord’s consent In order to […]

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Lease guarantees (Authorised guarantee agreements)

Lease Guarantees  (Authorised Guarantee Agreement) In Victoria Street v House of Fraser and others, the Court of Appeal has now given some much needed clarity on authorized guarantee agreements. These agreements are a ticking time bomb for many tenants with long leases who wish to sell on the lease (assign it) yet are required, in […]

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Commercial leases – 10 tips for tenants

10 tips for tenants when negotiating a new commercial lease 1. Planning Use It ius imperative that the premises you are considering leasing have the correct plannining use. If they don’t, this could be catastrophic. If t there is a problem, you can agree a lease subject to the Landlord applying at his expense to […]

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