How can we help?

Our commercial property solicitors understand that a commercial lease is an opportunity for both parties and work to make the most of this fact when handling all business lease matters.

Our areas of expertise

Our specialist lawyers assist with property lease related matters such as the following:

• Drafting and reviewing leases – whether a new lease, an underlease or a lease assignment.
• Disputes – including over dilapidations, use or other breach of the lease by the Landlord or Tenant.
• Forfeiture– where the landlord may end the lease due to the tenant’s default in paying rent. Forfeiture can be a complex area of commercial property law and may not always be in the landlord’s best interests even if there are problems with the tenant. As such, it is essential to take legal advice in any matter relating to forfeiture.
• Guarantors – Becoming a guarantor on a commercial property lease is a serious responsibility as payment for the full duration of the contractual agreement will be required in the event the tenant is unable to make payment independently. Whether you are a company director, business associate, family member or other party, if you have been asked to become a guarantor, our commercial property solicitors can help you clarify your legal position.
• Insurance – A commercial lease should lay out the details of the landlord’s and tenant’s respective insurance obligations.
• Landlord’s and Tenant’s Continuing Liability – When drawing up a commercial lease it is important for both landlord and tenant to investigate and clarify their ongoing liabilities under the lease and how these may still continue following the completion of assignment.
• Licence to assign – The majority of commercial leases contain a clause regarding assignment, conditional on a Landlord’s consent, which may then not be unreasonably withheld.
• Rent reviews – A rent review allows for the rental charge to be changed during the period of a lease. Such changes may be made because of market conditions or as a result of intervals stipulated in the commercial lease.
• Repairing liability – Stand-alone buildings with no shared facilities are usually let on a full repair and insuring (FRI) basis whereby the tenant bears all costs in relation to repair of external, internal and structural format of the property. Internal repairing insurance (IRI) leases typically apply for tenants in premises with multiple commercial users.
• Security of Tenure – Not all commercial leases have a right for a tenant to automatically renew their lease and so it is important to be aware of this and to negotiate a lease with security of tenure.

This list is not exhaustive, so whatever you commercial property lease issue, talk to us at Wellers and we will be able to inform you of your best options and course of action.