Preparing your business for your first premises or expansion to a larger property can be an exciting time. It’s also a time of major financial decisions with many issues to consider. That’s why it pays to take expert legal advice before you invest time and money in committing to go ahead.
Having one of our expert lawyers on your side can be crucial in securing a great deal and a contract which suits your business perfectly.
Whether you’re planning on buying or leasing, Large & Gibson's commercial property lawyers can help you at every stage – from before you find the right property to assisting you with important contract negotiations and making sure you don’t make any costly mistakes along the way.
Contact us to find out how your business could benefit from our services.
SPOTLIGHT ON LANDLORD AND TENANT ACT 1954 (LTA 1954)
A tenant of a business lease which satisfies certain criteria will have a right to a lease renewal under the LTA 1954.
Both parties will need to decide whether they wish to renew the lease or not and, if so, will need to negotiate the terms of the renewed lease.
To terminate the lease and put forward proposals for a lease renewal
- A section 25 notice should be served by the landlord.
- A section 26 request should be served by the tenant.
If the parties agree the terms of the renewal lease, they can proceed to the grant of the lease without referring to the court. If they cannot agree, either party can ask the court to determine the terms of the renewal lease.
To terminate the lease altogether
- The tenant can do so by vacating before the lease termination date or by serving a section 27 notice with at least 3 months notice
- The landlord can terminate by a section 25 notice, serving a counter-notice opposing a tenant's section 26 request for a new lease or, in cases of breach, by forfeiture
If terminating under a section 25 or a countering the section 26, the landlord must specify one of the grounds for opposing the grant of the new lease
(a) where the tenant has any obligations as respects the repair and maintenance of the holding, and has failed to comply with them
(b) persistent delays in paying rent
(c) other substantial breaches of obligations under the current tenancy, or for other reasons connected with the use or management of the holding
(d) that the landlord has offered and is willing to provide or secure the provision of suitable and reasonable alternative accommodation for the tenant
(e) where the current tenancy was created by sub-letting
(f) the landlord intends to develop the property
(g) the landlord intends to occupy the holding
There are important time lines to follow, strategic considerations, negotiations and compensation may be available. It is advisable to seek advice from a lawyer to help figure out the best way forward for you. Contact us to see how one of our expert commercial property lawyers can help.