Commercial Lease Solicitors
Taking a Commercial Lease
Attwells Solicitors specialise in commercial property law. As dedicated commercial lease solicitors with offices in Ipswich, Woodbridge, Colchester, and London, we’re ideally placed to guide businesses through every stage of taking on a new commercial lease.
Taking a Commercial Lease
Taking a commercial lease is simply the legal term for becoming the tenant of business premises under a formal lease agreement. Instead of buying the property outright, you obtain the right to occupy and use it for business in return for rent and by following the terms set out in the lease. In practical terms, you:
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Negotiate heads of terms – the core deal points (rent, length, break clause, repairs, etc.) are agreed with the landlord or their agent.
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Enter a binding lease contract – once the document is signed (executed), you are legally obligated to pay rent and comply with the clauses for the whole term, unless you have a break option or can assign or sub-let with consent.
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Take possession – you receive the keys and begin trading from the premises on the agreed start date.
Our specialist commercial property solicitors guide start-ups and established brands through every step of taking a commercial lease, from agreeing heads of terms to HM Land Registry registration.
How long does a full lease review take?
For most straightforward leases, a solicitor can complete a full lease review within eight to ten weeks from receipt of the draft lease and all other documents. That timeframe allows for detailed negotiation with the landlord’s solicitor. However, if you don’t have that much time, we can provide a Summary Lease Review in three to four working days.
For more information about taking on a commercial lease, please watch our video by clicking here.
Commercial Leasing & Letting
This is an exciting and daunting time, and renting commercial premises for the first time can feel like a significant step. Most business owners feel the same way due to the financial commitment that renting commercial premises can entail. This is often compounded by the legal jargon, contract clauses and regulations featured in most leases. Therefore, we always recommend that you seek business legal advice prior to signing any commercial lease arrangement.
Key lease clauses we review & negotiate
- Break clauses: We ensure that the notice periods and conditions to break a lease are fair and workable.
- Rent reviews: Our team negotiates fair rent review provisions and offers alternatives to open market rent review.
- Repairing liabilities and service charge: Full-repairing leases transfer significant risk to the tenant. We will seek to agree a schedule of condition to limit your exposure.
- Alterations and user clauses: We help future-proof your growth plans with permitted use wording that covers sub-brands, pop-ups, ancillary sales, and any changes you may need to make to the physical premises.
Who needs a Full Lease Review?
A full lease review is a line-by-line analysis of the entire draft lease and its supporting documents (licence to alter, rent-deposit deed, agreement for lease, etc.). It goes beyond a summary review, giving you precise clause-by-clause comments and proposed amendments you can feed straight back to the landlord’s solicitor.
A full lease review is typically required by first-time tenants or start-ups who are unfamiliar with lease obligations. It is also prudent for high value leases or long-term leases exceeding ten years.
Full Commercial Lease legal service
What is included?
- Ensuring the landlord’s solicitors have drafted the lease in accordance with the Heads of Terms.
- Negotiation of the terms of the lease with the landlord’s solicitors.
- Review of title, searches, and the landlord responses to CPSE enquiries.
- Reporting to you on the terms of the lease.
- Completion of the lease.
- Payment of SDLT (if any) on the lease.
- Registration of the lease (if applicable) at HM Land Registry.
If you do not require a full review, you may be interested in our Summary Commercial Lease Review Service. Click here for more information.
