Our expert commercial lease solicitors act for landlords on all aspects of granting, managing, and enforcing leases. We provide clear, strategic legal advice designed to achieve practical outcomes while ensuring your agreements comply fully with necessary commercial property laws and the Landlord and Tenant Act 1954.
Key services we offer for landlords include:
- Advising on the headline terms of the lease (Heads of Terms) prior to these being finalised with the Tenant;
- Drafting commercial leases in accordance with the agreed Heads of Terms;
- Drafting ancillary documents which are required at the point of entering into the lease. Quite often a tenant may need to undertake fit out works and in those situations, a licence for alterations will be required documenting a landlord’s consent to the works. Similarly, it is common practice to require a rent deposit from a tenant and this will need to be documented by way of a rent deposit deed;
- In some instances it will be agreed that the lease will be taken at some point in the near future following completion of an agreed event eg; planning if a tenant is changing the use of the Property or the Landlord needs to undertake agreed works prior to the Tenant occupying the Property. In those circumstances, the parties would enter in to an agreement for lease and you would benefit from the security of knowing the tenant is committed before you incur costs;
- During the lifetime of the lease, the tenant may wish to sell on the lease or sublet all or part of the Property should they not wish to continue to occupy the Property. If they wish to do so, they will need your consent which is usually formalised by way of a licence. Likewise the tenant may need to undertake works during the lifetime of the lease and again, this will require a landlord’s consent by way of a formal licence for alterations. We can act on your behalf in drafting the required consents and guide you in ensuring that a new tenant or sub tenant is satisfactory to you.
The focus of our services centres on delivering watertight lease documentation, maximising rental income, and protecting your ability to manage or redevelop the property.
As a landlord, your goal is simple. You want to receive secure and regular rental income and for the property to remain in good repair.
Complying with the increasingly complicated legislation surrounding energy efficiency and MEES regulations is also a key consideration as you need to be able to ensure the property continues to meet the required minimum during the lifetime of the lease to ensure you can continue to let it.
Commercial Lease Services for Tenants
Our team of commercial property solicitors offer end-to-end legal support for tenants taking or managing a commercial lease, making sure your terms are fair, flexible, and aligned with your business needs.
As a business owner, your business is your speciality and where you focus your time and energy. You therefore don’t necessarily have the time or inclination to read through the minutiae of a lease document of 50 pages or more.
Our job is to check that the lease is drafted to a commercially acceptable standard and to negotiate any terms which are not fair and reasonable or sit outside of the commercial norm.
The key services we provide for tenants include:
- Reviewing the lease documents and reporting to you on the terms in plain English;
- Negotiating lease document terms if needed to improve your position;
- Obtaining standard searches and obtaining key information from the landlord in respect of the property and your financial obligations;
- Filing a stamp duty return on your behalf and paying any stamp duty owed;
- Dealing with any required Land Registry formalities to formally protect your lease;
- Assisting you during the lifetime of the lease should you decide that you want to leave the property before the end of the term or share some of the space with a sub tenant. This could be in the form of an assignment of the lease or a sub letting of the whole or a part of the property both of which will require the formal consent of your landlord;
- Rather than assign or sub let, you may seek to surrender the lease ie; bring it to an end prior to the end of the Term. This will require the co operation of the landlord and needs to be carefully considered as it will trigger your dilapidations liability;
- At the end of the lease term, you may want to remain at the Property and we can act for you in a renewal lease.
We will highlight potential risks, explain your options, and negotiate fair, workable terms that protect your interests and give you flexibility for the future. Our goal is to secure a lease that supports your commercial objectives while avoiding terms that could create future restrictions or costs.
Drafting and Negotiating a Commercial Lease
The lease is the most important document in the letting. It must set out rights and obligations clearly so there’s no ambiguity during the lease term. Poor drafting can lead to costly disputes, difficulty enforcing terms, or a reduced property value.
When drafting or negotiating your commercial lease, we will:
- Ensure rent, rent review provisions, and payment schedules are commercially viable
- Include break clauses that protect a landlord’s flexibility to recover possession or redevelop, and that are realistic for a tenant to exercise
- Clearly define repairing obligations and service charge mechanisms
- Set enforceable rules for assignments, sub-letting, and alterations
- Protect your position on insurance, indemnities, and liability allocation
- Deal with security of tenure under the Landlord & Tenant Act 1954, whether to preserve or exclude renewal rights
Our commercial property team negotiates firmly to maintain your commercial objectives while ensuring the lease meets all legal requirements.
What are the common terms in a Commercial Lease?
The lease is the most important document when letting or taking a property. It must set out rights and obligations clearly so there’s no ambiguity during the lease term. Poor drafting can lead to costly disputes and difficulty in enforcing terms and rights.
When considering the initial terms to be agreed between the parties, particular attention should be paid to the following:
- Initial rent and frequency of payment and rent review provisions,
- Frequency of break clauses and any conditions attached to the same;
- Who is responsible for repair of the interior and exterior of the building;
- If repair costs are shared, what those contributions should be;
- Planning and permitted use;
- Full repair liability/schedule of condition;
- What alterations are permitted during the term and if these should be removed at the end of the term;
- Responsibilities under the energy efficiency regulations;
- What will happen if the tenant wants to assign or sublet during the term;
- Which party will insure the Property and who will meet the costs of the same;
- Whether the tenant is to have security of tenure under the Landlord & Tenant Act 1954
Lease Renewals and Amendments
The Landlord and Tenant Act 1954 provides business tenants with the statutory right to renew their commercial lease when the contractual term expires.
If your commercial lease benefits from the protection of the 1954 Act, then both landlord and tenant must follow specific procedures to either renew or terminate the lease arrangement.
For landlords who wish to oppose a lease renewal, or tenants who want to commence the renewal process, a Section 25 notice serves a crucial function.
Understanding how and when to serve or respond to a Section 25 notice is vital to prevent costly delays and protracted disputes.
Our commercial lease solicitors can assist you in exercising (or opposing) the right to renew, whilst negotiating fresh terms that align with your business objectives and local market conditions.
The fundamental presumption under the 1954 Act is that a commercial lease renewal will incorporate substantially similar terms to the existing lease agreement, and it falls to the party seeking modifications to demonstrate why the lease requires amendment.
Clients we act for in commercial leasing
We advise landlords and tenants on every aspect of leasing commercial property across England and Wales.
Our clients include:
- Companies letting office space, shops, retail units, and industrial premises
- Developers pre-letting sites before construction is complete
- Investors managing multi-let buildings
- Lenders taking leases as part of secured lending and,
- Private individuals letting or occupying premises as part of their business.
Our commercial property solicitors understand the issues you may face in a leasing context. Landlords may need to ensure repairing obligations protect the value of their asset, keep service charges recoverable, and maintain flexibility for redevelopment.
Tenants may need rent review provisions that are fair, break clauses that are realistic to exercise, and clarity on alterations or fit-out rights.
We address these matters from the outset, ensuring the lease supports your long-term commercial aims and reduces the risk of disputes during the term or at renewal.
Why do landlords and tenants choose our Commercial Property Solicitors?
We combine decades of commercial property expertise with a practical, client-focused approach to commercial leasing. Landlords and tenants choose Awdry Law because we:
- Have extensive experience in drafting, negotiating, and managing commercial leases across England and Wales
- Understand the priorities and challenges faced by both landlords and tenants, giving us insight to secure better outcomes
- Put client satisfaction at the heart of everything we do, and really getting to know our clients and their needs is our top priority
- Are proactive and see engagement with all parties as key to driving a transaction across the line
- Are solutions focussed. The legal detail of documents can often be cumbersome and so let us analyse the legal risk for you, allowing you to make commercial decisions based on what is best for you and your business
- Provide clear, jargon-free advice so you know exactly what each clause means and how it will affect you in practice
- Offer a full leasing service, from Heads of Terms through to lease end, renewals, and dispute resolution
- Identify and work with your other advisors as needed in respect of matters requiring their expertise and input, including accountants, surveyors, and agents
- Work efficiently to meet tight timescales without compromising attention to detail
- Give transparent fee structures, including fixed-fee options where suitable, so you can plan with certainty
- Have strong local knowledge of the Wiltshire and Bath property markets and connections with surveyors, agents, and lenders to help transactions progress smoothly
We are here to safeguard your interests and allow you to proceed with confidence. Our focus is on protecting your position, achieving your objectives, and ensuring your lease works in the real world, not just on paper.
Contact our Commercial Lease Solicitors for advice you can trust…
If you need clear, practical guidance on any aspect of a commercial lease agreement, whether you are granting a lease, taking on new premises, or renewing an existing one, our team leading commercial property team at Awdry Law are here to help.
We’ll explain your options, guide you through the process, and make sure your interests are fully protected.
Contact our commercial property team in Bath (01225 417111), Chippenham (01249 478333), Devizes (01380 722311), Marlborough (01672 518620), Royal Wootton Bassett (01793 853200), and Swindon (01793 384140).
You can also email info@awdry.law or complete our free online enquiry form, and we will be in touch with you shortly.
