For commercial property owners, there are times when you may find yourself looking to lease your property to someone else. Whether it is through retirement, relocation or many other reasons, it is vital that you get the correct legal advice to ensure that you meet your landlord’s responsibilities.
Firstly, you must ensure that you have a valid and watertight lease. A commercial lease is a legally binding document between you and your commercial tenant which provides them with the right to use your property but also outlines how they may use it. It also outlines the rights and responsibilities that the landlord and tenant have. Essentially, it is a contract between two business people. As a result, there are fewer government protections available for tenants of commercial properties than there are for residential tenants, so a good lease agreement can ensure that your tenant has the confidence to trade from their leased property and you can have the confidence that they will pay rent and look after the property.
New commercial landlords should also decide on the length of the lease and whether it should be transferrable should your tenant wish to sell their business or terminate their occupancy. Landlords should also consider including a break clause, meaning you can terminate the lease early. These factors will all depend on the type of property that is being leased and the types of businesses that it will attract. Some tenants may prefer longer leases, while start-ups and small businesses may be more attracted to a shorter lease.
A commercial lease also allows both parties to agree on the annual rent of the property and whether there will be rent reviews. You should also ensure that there are provisions for required rent reviews to allow potential rent increases throughout the tenancy. (It is worth noting that due to the current COVID-19 situation, if you are already a landlord and there has been a break in rent payments, your lease may need to be reviewed)
Ensure that your obligations as a landlord are fully documentedEnsuring that your obligations as a landlord are detailed within the lease agreement can save you time and money later on. Outlining who is responsible for insurance, upkeep, decoration and the payment of utility bills, for example, can reduce confusion between you and your tenant.
If you are considering leasing out your commercial property, contact our team of commercial property experts today.
Hi Jay, just wanted to say thank you for the help that Jarmans have given my friend L G who I referred to you. You have been so helpful and supportive.
Another great job thank you!