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What to do when a commercial tenant wants to make alterations?
During the lease term, a commercial tenant may want to make changes to the property to ensure that it continues to meet their business needs. Landlords, however, will be keen to ensure their asset is not affected negatively by such works. The tenant's duty to obtain...
Commercial Leases – Dangers of not taking legal advice
There are lots of costs involved for a tenant when considering taking a commercial property lease such as a premium, a rent deposit, a contribution towards the Landlord’s legal costs. But what are the dangers of not taking legal advice as a prospective Tenant? It is...
What to consider when assigning a lease?
Assigning your lease is a way to dispose of your legal interest in the lease by transferring it to a third party. The incoming tenant will take on the outgoing tenants’ obligations under the lease. If you would like to assign your lease, you will need to consider the...
Things to consider when exercising the break clause in your lease
Exercising a break clause will allow you to end a lease before the expiry of the contractual term. However, to exercise this effectively, a break notice must be served in compliance with the lease terms, and any conditions to the break must be complied with. These are...
What is a Demise in leases?
For a lease to be legally effective it must set out precisely the area given to the tenant, known as the demise. The property is often referred to as the demised premises as a result. If the demise is unclear then the lease may be invalid or may be considered a...
Forfeiture Of Commercial Leases
The moratorium introduced under the Coronavirus Act 2020 imposed on forfeiting leases for non-payment of rent has finally been lifted. This means, that as long as the rent due is not now classified as “protected rent” by the Act, a landlord can now enforce its right...
Return to the Norm: The End of Temporary Restrictions for Presenting Winding-Up Petitions
The government has now announced that the remaining temporary restrictions created by the Corporate Insolvency and Governance Act 2020 are being lifted and that the insolvency regime will return to its pre-pandemic position with immediate effect from 1 April 2022....
Your repairs clause and what it means for you
It is a common misconception that, when taking a lease of commercial property, a tenant only has to return that property at the end of the lease in the same condition in which they took it but this is not the case. Understanding the repair clause in your lease is...
Recent law on Rent Review provisions in Leases
The recent case of Monsolar IQ Limited v Woden Park Ltd demonstrates the importance of careful drafting in leases. In this case, the High Court had found that an indexation clause in a rent review provision should be corrected by interpretation – the Landlord then...