Commercial property leases

Commercial property leases can be of benefit to both landlords and tenants. However, negotiating the terms of a lease to ensure it is balanced and satisfies the needs of both parties can be tricky.

The support of a commercial property solicitor can make this process easier.

We have a wealth of experience assisting both landlords and tenants with commercial property leases. With experience in working for both sides to avoid disputes through dispute resolution and concerns regarding the terms of the lease.

Whether you are a:

  • landlord looking to ensure that your commercial property is kept in good condition, or
  • a tenant concerned about various restrictions in the lease affecting how you run your business

our expert commercial property team will work with you, listening to your wishes and helping to get the right terms in place.

 

 

Do you have to use a solicitor for a commercial lease?

From a legal perspective, you are not required to use a solicitor.

However, it is strongly recommended that you seek advice from a solicitor when entering into a commercial lease. This is because a commercial property lease may include terms and covenants that could make operating your business difficult.

A commercial property solicitor has the experience to spot terms and covenants that could impact your business. They also have the ability to negotiate the terms of the lease so that they are more favourable to your business needs.

Examples of some commercial property lease terms that we can negotiate:

Repairs

Tenants are often imposed by their lease to be responsible for repairs. We can negotiate so that this term is weaker so that the Landlord also shares some responsibility.

Alterations

You may need to carry out some non-structural alterations to adapt a property for your business needs. Leases sometimes carry terms that make this process complex and inefficient by requiring the landlord to sign off. Negotiations can eliminate or weaken this term to prevent delays in having your business ready to operate.

Signage

Some leases require the landlord to approve any signage installed on the property. As a business, you may already have set brand colours, logos and identity. If the landlord refuses to consent to your signage, this can have a serious impact on your business. Through negotiations, this term can be removed.

 

 

What does a commercial lease lawyer do?

Commercial lease lawyers create property leases between tenants and landlords. The leases they create contain all the terms and clauses that both a tenant and a landlord will have to abide by.

Through negotiation and dispute resolution they mediate differences to make a lease favourable to both parties.

Finally, a commercial lease lawyer can also assist and provide legal advice for when leases are broken by either the tenant or landlord.

 

 

Who pays the legal fees for a commercial lease?

There is no standard process of who should pay for the legal fees for a commercial lease. However, usually, the tenant is responsible for covering the cost of the lease. This is because landlords normally have a standard template lease ready to use and it is the tenant that is looking to amend the document and terms.

However, both parties should seek out separate legal representation either during the negotiation or, at the very minimum, before signing any commercial property lease.

This helps ensure that you are signing a contract that is legal and represents your best interests.

 

 

Why use Rothera Bray for legal advice on commercial property leases?

Whether you are a landlord or business tenant, we can act for you. With experience in a wide variety of sectors and industries, we can understand the particular nuances that may come with your property.

Identifying your objectives and what would work best for you is always our first priority. We will then work to secure these and the best possible terms for you and your business.

  • Struggling to meet the terms of your lease? Whether you’re a landlord or tenant we can provide expert legal advice on where you stand.
  • Drafting and negotiation of lease agreements along with legal advice on the heads of terms prior to the drafting of the contract.
  • Expert legal advice on lease renewals, extensions, assignments and variations. This includes reviewing existing unfair and escalating ground rent provisions and any other undesirable lease terms.
  • Legal advice on any disputes arising between Landlord and Tenant regarding the terms of the lease.

Related services from Rothera Bray:

  • Lease renewals
  • Lease extensions
  • Lease assignments, sub-lettings, underlettings and variations
  • Service charges
  • Break clauses
  • Rent reviews
  • Termination of leases
  • Insurance
  • Recovery of possession
  • Personal guarantees
  • Responsibility for repairs



Contact our Commercial Property Team

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Russell Thompson, Commercial Property Partner and Head of Licensing

“Solicitors experienced in commercial property leases are essential to ensure that your business won’t face problems in the future.”

Russell Thompson
Commercial Property Partner

Five star reviews

Contact our Commercial Property Team
Commercial Property Team
Catherine Angrave, Partner in our Commercial Property department

Catherine Angrave

Partner & Head of Commercial Property

Catherine deals with all types of commercial property work and has acquired substantial experience in acting for residential property developer clients in the acquisition and disposal of development land. She’s based at our Leicester office.

 

Antony Fyson, Partner in the Commercial Property team at Rothera Bray solicitors

Antony Fyson

Partner

Antony Fyson is a Partner at Rothera Bray Solicitors. He works from our Lace Market office and offers clients a wealth of expertise in commercial property, property development and conveyancing matters.

Phillip Heseltine, Head of Commercial Property at Rothera Bray

Phillip Heseltine

Partner

Phillip has specialised in Commercial Property Law since 1997. He deals with sale and purchases of investment property and investment portfolios, but also the sale and acquisition of development land.

Russell Thompson, Commercial Property Partner and Head of Licensing

Russell Thompson

Partner & Head of Licensing

Russell Thompson is a Partner in the Commercial Property department at Rothera Bray Solicitors and is based at our Lace Market office.

David is a Partner in the Commercial and Commercial Property department at Rothera Bray Solicitors.

David Tomlinson

Partner, Commercial Property

David is a Partner at Rothera Bray Solicitors. He works from our Derby office and offers clients a wealth of expertise in commercial and commercial property matters.

 

Marneya Chauhan

Marneya Chauhan

Senior Associate Solicitor

Marneya is a Senior Associate Solicitor in the Commercial Property department based at our Leicester office. He acts for commercial property lenders, property investors and landowners. He’s based at our Leicester city centre office.

Amy Moore is an Associate Solicitor in the Commercial Property department at Rothera Bray Solicitors in Leicester.

Amy Moore

Senior Associate Solicitor

Amy is part of our busy Commercial Property team at our Leicester city centre office. She specialises in commercial leases, renewal leases, and acts on behalf of pension schemes in relation to purchases, sales and lease aspects.

James Gray is an Associate Solicitor in the Commercial Property department at Rothera Bray Solicitors in Leicester.

James Gray

Associate Solicitor

James is based at our Spa Place, Leicester office within the Commercial Property team. James’ specialisms include advising on all areas of freehold and leasehold commercial, agricultural and (aspects of) residential property.

Amie Hardy

Amie Hardy

Solicitor

Amie Hardy is a Solicitor in Rothera Bray’s Commercial Property department and is based at our Lace Market office.

Sabita Kandel, Commercial Property Paralegal at Rothera Bray

Sabita Kandel

Trainee Solicitor

Sabita Kandel is a Trainee Solicitor in Rothera Bray’s Commercial Property team and is based at our Leicester office.

Photo to be added

Alison Gill

Paralegal

Alison is a Paralegal in our Commercial Property department and is based at our Lace Market office.

Katie Sampson

Katie Sampson

Paralegal

Katie Sampson is a Paralegal in Rothera Bray’s Commercial Property department and is based at our Lace Market, Nottingham office.

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