Commercial Leases

Commercial Lease Solicitors — Negotiation, Renewal, Dilapidations, and Dispute Resolution

A commercial lease is one of the most significant legal commitments a business makes — locking it into premises for years, with potentially unlimited liability for dilapidations on exit. The Landlord and Tenant Act 1954 gives business tenants in England and Wales the right to renew their lease at the end of the term — but only if they act correctly and within strict deadlines. A specialist commercial lease solicitor advises landlords and tenants on lease negotiation, renewal, dilapidations, rent review, assignment, and subletting — at every stage of the lease lifecycle.

Landlord and Tenant Act 1954 Security of tenure Dilapidations — terminal schedule RICS Code for Leasing 2020
⚠️ Section 25 and Section 26 notices — strict time limits apply. A landlord's s.25 notice must be given between 6 and 12 months before the termination date. A tenant's s.26 request must similarly give between 6 and 12 months' notice. Once a s.25 or s.26 notice is served, the tenant has a specific deadline to apply to the court to protect the right to renew. Missing court deadlines under the LTA 1954 can permanently extinguish a business tenant's right to remain at their premises.

Commercial Lease — Key Issues for Landlords and Tenants

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Lease negotiation — heads of terms and lease drafting — a solicitor reviews the heads of terms agreed between landlord and tenant and translates them into a formal lease. Key negotiating points: the length of the term; the initial rent and rent review mechanism (open market, RPI-linked, or fixed uplift); the break clause (if any); the repairing covenant (full repairing and insuring ("FRI") or internal only); permitted use (and flexibility for future use changes); alienation (assignment and subletting rights); service charge cap; and SDLT liability. The RICS Code for Leasing Business Premises (2020) provides a framework for fair negotiation.
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Lease renewal — Landlord and Tenant Act 1954 — commercial tenants in England and Wales have a statutory right to renew their lease at the end of the contractual term (LTA 1954 Part II) — unless the lease was contracted out of the Act. The renewal process is triggered by a landlord's s.25 notice (proposing or opposing renewal) or a tenant's s.26 request. If the parties cannot agree new terms, either can apply to the court for the terms of the new lease to be determined. A solicitor manages the entire renewal process — from the initial notice through to court application if necessary.
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Dilapidations — landlord's terminal schedule — at or near the end of the lease, the landlord typically serves a schedule of dilapidations setting out the tenant's alleged breaches of the repairing covenant and the cost of remedying them. Dilapidations claims can be substantial — running into tens or hundreds of thousands of pounds. A solicitor instructs a specialist building surveyor to review the schedule and prepares a detailed response, negotiates on liability and quantum, and (where necessary) litigates the claim. Key statutory limitations: the Leasehold Property (Repairs) Act 1938 (for leases over 7 years with at least 3 years unexpired); the damages cap at s.18 Landlord and Tenant Act 1927 (damages cannot exceed the diminution in value of the reversion).
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Rent review disputes — most commercial leases provide for rent review at 5-yearly intervals, typically to open market rent. Where the landlord and tenant cannot agree on the new rent, the lease usually provides for determination by an independent expert or arbitrator. A solicitor manages the rent review process, instructs a valuation surveyor, and advises on the legal issues — including time limits (often "time of the essence") and the effect of a failure to trigger the rent review process in time.
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Assignment and subletting — most commercial leases require the landlord's written consent before the tenant can assign the lease to a third party or sublet the premises. A solicitor advises on the conditions attached to any consent, negotiates the assignment or subletting on behalf of landlord or tenant, and ensures compliance with the Landlord and Tenant Act 1988 (which imposes a statutory duty on landlords to respond to assignment requests within a reasonable time). Where a landlord unreasonably withholds consent, damages are available.
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Forfeiture — landlord's right to re-enter — where a tenant breaches the lease (non-payment of rent, breach of a covenant), the landlord may be entitled to forfeit the lease and re-enter the premises. For non-payment of rent, the landlord may peaceably re-enter (instructing a locksmith, generally at night) without a court order, where the right of re-entry has arisen. For other breaches, a s.146 notice under the LPA 1925 must be served and the tenant given a reasonable opportunity to remedy the breach before forfeiture can occur. A solicitor advises on the forfeiture process and, for tenants facing forfeiture, on applying urgently for relief from forfeiture.

Frequently Asked Questions

What is security of tenure under the Landlord and Tenant Act 1954 and how do I protect it?

Security of tenure under the LTA 1954 means that a business tenant whose lease comes to an end at the contractual expiry date does not have to leave the premises — the tenancy continues on the same terms until it is brought to an end by the correct statutory procedure. The landlord can only oppose renewal on one of the grounds specified in s.30(1) of the Act — the most common being that the landlord intends to occupy the premises for their own business (ground (g)). A solicitor advises tenants on the steps needed to protect their renewal rights — including making a court application before the deadline set by the s.25 notice or s.26 request.

The landlord has served a section 25 notice opposing renewal — what are my options?

A tenant has the right to apply to the court for a new tenancy, regardless of whether the landlord opposes renewal. Where the landlord opposes renewal on one of the statutory grounds (s.30(1) LTA 1954), the court determines whether the ground is made out. If the ground is not made out, the court orders the grant of a new tenancy on terms it considers reasonable. If ground (f) (redevelopment) or ground (g) (own occupation) is made out, the tenant is entitled to statutory compensation — the current rate is twice the rateable value of the holding where the tenant has been in occupation for 14 years or more. A solicitor advises on the strength of the landlord's ground of opposition and manages the court application for a new tenancy.

The landlord is claiming a large sum for dilapidations — are there any limits on the claim?

Yes. The most important limitation is s.18(1) of the Landlord and Tenant Act 1927 — damages for breach of the repairing covenant are capped at the diminution in the value of the landlord's reversion caused by the breach. This is often significantly less than the cost of works. A solicitor instructs a specialist building surveyor to review the schedule of dilapidations, challenges the scope, the standard of works alleged, and the cost claimed, and obtains a valuation of the reversion to establish the s.18 cap. Dilapidations claims are frequently significantly reduced through negotiation on this basis.

Can I break my lease early if the business is not performing?

Only if the lease contains a break clause — a provision allowing the tenant (and/or landlord) to terminate the lease early on giving specified notice. Break clauses are typically conditional — conditions must be strictly complied with (for example, rent paid up to date, no subsisting breaches of covenant, vacant possession given). The courts interpret break clause conditions strictly — even a minor technical failure to comply with the conditions can invalidate the break. A solicitor advises on the conditions of any break clause, manages the break notice process, and advises on the consequences of a failed break. If no break clause exists, the tenant is bound by the lease term — negotiating a surrender with the landlord may be possible.

What is "contracted out" of the Landlord and Tenant Act 1954 and does it affect me?

A lease can be "contracted out" of the security of tenure provisions of the LTA 1954, meaning the tenant has no statutory right to renew the lease at the end of the term. Contracting out requires a warning notice from the landlord and a statutory declaration by the tenant (confirming they understand the consequences) before the lease is completed. Many shorter commercial leases and licences to occupy are contracted out. A solicitor advises on whether the lease is contracted out and, for landlords, manages the contracting-out procedure correctly to ensure the exclusion is effective.

How It Works

One clear request. A commercial lease solicitor protects your position — as landlord or tenant.

No upfront cost. A specialist commercial lease solicitor advises on lease negotiation, renewal, dilapidations, rent review, and forfeiture — ensuring your lease works for your business and your risks are properly managed at every stage.

Submit Your Request
1

Tell us about the lease

Describe the premises, the lease term, the issue (renewal, dilapidations, rent review, assignment), and whether you are landlord or tenant.

2

Matched to a specialist

We connect you with a specialist commercial lease solicitor experienced in landlord and tenant matters for businesses of your type.

3

Lease issue resolved

Your solicitor advises on the most appropriate strategy — negotiation, statutory renewal, dilapidations challenge, or court application — and manages the process on your behalf.

Commercial Lease Advice

A commercial lease is one of your biggest commitments. A specialist solicitor makes sure it protects you.

From initial negotiation and drafting through to renewal, dilapidations, and dispute resolution — a specialist commercial lease solicitor advises at every stage, protecting your business premises and managing your legal and financial exposure as landlord or tenant.

Submit Your Request

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