Landlord and Tenant (Commercial)
If you are proposing to take on a tenancy of a shop, factory, warehouse or office, you should obtain independent advice from a solicitor who is experienced in this area of the law and procedure. He should advise you of all the risks and pitfalls, and, by representing you (and you alone), he should be able to protect you against taking on onerous obligations or taking undue risks. Batchelor Myddelton will provide this service.
If you unwisely go it alone and do not obtain appropriate advice, you may later find that you are tied into a long-term contractual commitment that you cannot get out of. Furthermore, you may eventually discover that, apart from rent, council tax, service charge and other expensive outgoings that you already know about, you are suddenly faced with a substantial claim for dilapidations (disrepair) from your landlord. You then regret (when it is too late) that you did not take proper legal advice before entering into the tenancy agreement.
Typical problems and queries
· Business is good. Will I be able to renew my lease when it ends?
· Business is bad. Can I terminate my lease?
· Can I assign the premises to someone else or take in a partner to share the burden?
· What is the extent of my repairing obligation?
· What should I do about a notice I have just received from my landlord?
· My landlord is suing me in the courts and I need help.
· I missed a rent payment and my landlord has entered the premises and changed the locks. What rights do I have?
Needless to say, there is no standard answer to any of these questions. The answer will depend on what the lease or tenancy document says and on all the relevant surrounding facts.
Your lease is a legal document and will almost certainly have been drawn up in the first instance by your landlord’s solicitor, whose sole concern is protect his client (the landlord). Whilst it is true that many landlords take a fair view and draw up a fair and sensible document, sadly this is not always the case. The first draft of a lease may be unduly onerous to the tenant. Also, it may contain ambiguities. If you cannot understand a particular clause, it is almost certainly because of poor drafting.
Your solicitor can explain the meaning and legal effect of the various clauses and, if you are in the process of negotiating the lease, he may well be able to do something about making your obligations as tenant less onerous or eliminating ambiguities.
Clearly, it is better to have your solicitor approve the lease before you commit yourself to it. Batchelor Myddelton will provide this service.
We will quote you a fixed fee for advising you on your existing or proposed lease. We will need to see a copy of your existing or proposed lease and of any other relevant documents. You should also tell us what specific queries you have and/or whether you require a general report or a report on specific matters.
Taking Swift Action
If you have problems, you need swift and decisive action from your expert landlord and tenant solicitors. With Batchelor Myddelton you can be assured of that. Whatever your needs, we will listen to your requirements and when we have full details, take action for you.
We can take or defend all types of proceedings on your behalf including lease renewals, injunctions, forfeiture proceedings, applications for relief from forfeiture, financial claims and damages claims.
Need Specialist and Commercially Minded Business Solicitors on Your Side?
Please either complete our enquiry form or call us on 01707 647088 and we will be happy to help your business.