If you're thinking about taking on a new lease for commercial premises, you'll need to think of a list of questions that need answering. Dixon Rigby Keogh Solicitors are here to help.

1.  The length of the term

What is the length of the term, and is this adequately described in the Lease?

2. The use to which the premises can be put

Not only must this be accurately described in the Lease, but you may also want to introduce some degree of flexibility, so that it is not too rigid.

3. Are the premises accurately described in the Lease?

This may seem an obvious statement but it is important to make sure that the premises are correctly described in the Lease (if necessary, by reference to a plan).

4. What are the repairing obligations in the Lease?

Particularly with shorter-term Leases, it is increasingly common practice (and we always recommend this to our tenant clients), to try to negotiate with the Landlord that the repairing obligation should be limited to the actual current condition of the premises.

5. What is the rent?

Another seemingly obvious issue, but not only is it important that the rent is correctly described, but are there any hidden traps here.

6. What other payments are due to the Landlord in addition to the rent?

 For example, you may have to pay insurance premium and service charge.

7. Can you transfer or sublet the Lease?

You may want to transfer/sublet because you no longer need the premises.

8. Alterations 

Usually, a Lease of commercial premises prohibits the Tenant from making any structural or external alterations, but permits internal alterations with the Landlord's prior consent, not to be unreasonably withhold.

9. What happens at the end of the Lease?

You may be able to claim a new Lease of the premises at the end of the current Lease, upon the then open market terms, except in a number of specific situations.

10. Who is paying the Landlord's costs?

It is normal practice for each party to pay their own legal costs in connection with the Lease.

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Northwich Guardian: Nick Parson has nearly 30 years' experience with these mattersNick Parson has nearly 30 years' experience with these matters (Image: Dixon Rigby Keogh Solicitors)

Please contact our Nick Parson on 01270-766550 or at np@drk-law.co.uk for assistance. He has nearly 30 years’ experience of acting on commercial matters including leases.