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Holding Over: What Happens When a Commercial Lease Expires and the Tenant Stays
Two completely different situations Everything in a holding over commercial lease situation turns on a single question, so it is worth answering it before anything else. Was the lease protected by the Landlord and Tenant Act 1954, or was it contracted out? If the lease was protected, it has not actually ended. Section 24 of […]
Assignment and Underletting: Understanding the Alienation Clauses
A commercial lease can be a long commitment, and businesses change. You might outgrow the space, downsize, relocate, or sell up entirely. When that happens, the question is whether you can pass the lease on to someone else– covered by assignment, underletting, and alienation clauses. It’s a dry word for an important set of rights. […]
Forfeiture and the Section 146 Notice: How a Landlord Ends a Lease for Breach
Forfeiture and the section 146 notice are the tools landlords reach for when a tenant seriously breaches the lease: stops paying rent, or breaks an important covenant. Where a tenant defaults on rent and there’s a personal guarantee in place, the landlord may also look to the guarantor. It’s the right to bring the lease […]
Personal Guarantees on Commercial Leases: What You’re Committing To
When a company takes a commercial lease, the landlord sometimes wants more reassurance than the company alone provides — especially for young or newly formed businesses without much track record. This is where personal guarantees commercial leases are asked to include come into play. Sometimes this comes up as early as the heads of terms […]
Contracted-Out Leases: The Warning Notice and the Declaration
Sometimes a landlord doesn’t want a tenant to have the automatic right to renew at the end of the term. Maybe they’re planning to redevelop, or sell with vacant possession, or move in themselves. In those cases the landlord can grant a contracted-out lease from the renewal protections in the 1954 Act. It’s a perfectly […]
Section 25 Notices: What They Are and When They’re Used
A Section 25 Notice may sound like something only a solicitor needs to worry about. However, for a commercial landlord or tenant with a lease protected by the 1954 Act, it is a crucial document. It determines what happens when the lease term comes to an end. Get the timing wrong, and you could lose […]
The Landlord and Tenant Act 1954, in Plain English
If you’re taking on or letting a commercial property, sooner or later someone will mention “the 1954 Act” in a slightly ominous tone. It tends to get treated as a piece of legal mystery best left to the solicitors. It isn’t, really. The core idea is simple, and it matters enough that both sides should […]
Land Registry and Commercial Leases: When Do You Need to Register?
Most people who sign a commercial lease don’t give Land Registry a second thought. They sign, hand over the keys and get on with things. Then someone mentions the lease should have been registered, and there’s a problem. Here’s when registration applies, and when you need to know about it. What Is Land Registry Lease […]
A Guide to Commercial Lease Negotiations for Small Business Owners
Taking on your first commercial lease negotiation is exciting. It’s also, if nobody’s warned you, the moment you discover just how much there is to negotiate — and how much it matters to get it right. If you’re looking for practical tenant lease advice before you sign anything, you’re in the right place. This guide […]
Licence to Occupy UK: Commercial Lease vs Licence Explained
Not sure whether you need a commercial lease or a licence to occupy? This plain English guide explains the key differences and helps UK landlords and agents choose the right option.