Commercial business premises are typically let under written leases for terms varying from 5 years to 20 years or longer. Whether you are a commercial landlord or tenant, if you are approaching the end of the term of the lease we recommend you seek advice.
If you are a landlord of a business tenancy and you are happy to offer your tenant a new lease, and you have not already agreed on terms with your tenant for the new lease such as the level of the rent and the term of the lease, you should consider serving a notice under Section 25 of the Landlord and Tenant Act 1954. The notice will protect your position in the event that the new rent terms cannot be agreed, and it can also focus the tenant’s mind on the question of renewal in good time before the current lease expires.
If you are a landlord and you do not want to offer the tenant a new lease, your business tenant has significant protection under the Landlord and Tenant Act 1954 which means that you can only refuse a new lease on certain statutory grounds. We can advise you on the grounds, and consider with you whether you can rely on any of them to refuse a new tenancy.
If you are a landlord and there are dilapidations that the tenant will be liable for upon termination of the lease, we can advise you on the dilapidations process, and put you in touch with a suitable surveyor to prepare a terminal schedule of dilapidations.
If you are a business tenant and you want to renew the lease we can advise you on serving a Section 26 Notice requesting a new lease, and help you through the process which follows, monitoring deadlines you will need to be mindful of. We can put you in touch with an appropriate surveyor to advise you and negotiate an appropriate rent on your behalf. If lease renewal court proceedings are issued by either party, we can assist with those.
If you are a business tenant and your landlord has served a notice on you either offering a new lease or refusing a new lease, we can advise you how to respond.
If you are a business tenant and you don’t want a new lease we can advise you on what (if any) notice you need to give your landlord and advise you if your landlord is making a claim against you for dilapidations
For landlords and for tenants, we can advise, prepare and serve the relevant notice for you, and then advise you on the process which follows. Occasionally where terms cannot be agreed, court proceedings are issued. We can advise you about the costs and risks of court proceedings, deal with the claim or response and any court deadlines for you. As with all our litigation advice, we will also advise you on the options for settlement and try to resolve the dispute for you outside of court proceedings.