Signing up to a lease agreement
A business lease is a legally binding contract between the legal property owner (Landlord) and the occupier (Tenant). Failure by either party to comply with the terms of the agreement could result in court action. Thus it is important that the lease agreement is comprehensive and covers all eventualities.
The following links have been provided to signpost you to further advice but it is important for you to do your own checks and research.
When should I get professional advice?
We recommend that you ask for the services of a solicitor or licensed conveyancer on the following occasions.
- When you are first considering taking on a lease.
- When you are nearing the end of your lease.
- When you want to assign your lease.
- When you are dealing with any other matters relevant to the lease, for example, alterations change of use and so on.
- For general advice on your legal position and, in particular, if there is a dispute about your lease.
The Council's Lease Guidance document (available for logged-in users below) is adapted from the Code for Leasing Business Premises in England and Wales 2007, which is a voluntary Code that aims to promote fairness in commercial leases. The aim of the lease code is that it be used as a checklist for negotiations before the grant of a lease and lease renewals. Landlords should be transparent about any departures from the code in a particular case and the reasons for them.
The checklists under each heading are a guide as to what should be included in a lease agreement. They should also be drafted in line with any grant agreement issued by the Council to the property owner so as to ensure that any liabilities and indemnities contained within the grant agreement are mirrored in the lease agreement as appropriate.
Logged-in users can download below the Council's Lease Guidance document for Early Years & Childcare providers.
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