Recently we have been approached by an Agent to say can they prepare Commercial Leases.
The Legal Services Act 2007 (LSA) governs the provision of legal services in England and Wales and defines the concept of “reserved legal activities.” These are tasks deemed essential for protecting the public, and as such, can only be performed by individuals who are regulated by professional bodies. One of the key activities regulated by the LSA is the preparation of certain legal documents, including leases.
When it comes to property law, the preparation of leases is considered a reserved instrument activity. This means that, generally, only regulated professionals—such as solicitors or licensed conveyancers—are authorised to prepare leases and related documents. However, there are certain exceptions in the LSA, particularly concerning short leases.
Under the LSA, non-regulated individuals are allowed to prepare leases for a term of up to 3 years without needing to be a regulated legal professional. For leases that are longer than 3 years, the preparation of the document still falls under the category of reserved legal activity and can only be carried out by a regulated individual. This means that, while non-regulated individuals have the ability to draft short leases, they must be careful to ensure that the term of such lease do not exceed the 3-year limit to avoid breaching the requirements of the LSA.
If you need support in the preparation of leases we provide fixed fees and would be delighted to speak to you. Call Nick on 01473 229242 or email him nick.attwell@attwells.com
