Commercial Leasing

Whether you are a landlord looking to grant a commercial lease or a prospective tenant looking to negotiate one, contact Hunter & Robertson Solicitors for practical, straightforward conveyancing advice.  

Commercial tenancies can be complex. They require well-drafted agreements to oversee the relationship between tenant and landlord, and to identify each party’s rights and obligations from the very start of a transaction. A commercial lease should seek to address the common challenges and pitfalls often experienced by both landlord and tenant during the course of their relationship. It is essential to seek legal advice from the outset to prevent avoidable complications and unnecessary disputes arising. For pragmatic and all-encompassing legal advice bespoke to your unique circumstances, contact our team of expert Conveyancing Solicitors at Hunter & Robertson.

Why is a Lease Agreement Important?

Achieving the correct balance between landlord and tenant’s rights and responsibilities is vital to ensure that each party’s needs are fully reflected in a lease agreement. A comprehensively drafted lease should also serve the purpose of providing clarity and certainty, assisting each party in understanding their legal position in relation to one another and the property for the duration of the agreement. Irrespective of whether a lease agreement covers a relatively short duration of time, it is always wise to have a strong foundation in place to mitigate ambiguity and potential misunderstandings arising from this. If parties choose to renew a lease, renewal is often on the same terms as the previously agreed lease. Having a meticulously drafted and comprehensive lease in place from the outset is a robust starting point on which further transactions have the potential to be agreed, often saving both time and money and offering the convenience and desirability of consistency.     

What should you look for in a Lease?

A number of matters require consideration before the agreement of a commercial lease. Our Conveyancing Team will guide you through this process and advise you of the best course of action at each step of the way. Whether you are a commercial landlord or a business looking to enter into a tenancy agreement, we will review and advise you on matters essential to the drafting of a commercial lease including:

  • Title: the landlord must have title to grant a lease. If there is a mortgage over the property, lenders will need to be advised of the intention to agree a lease and their consent obtained in to conclusion.
  • Rent and additional sums payable under the lease: agreeing or negotiating the rent attached to a lease is a crucial part of any lease transaction. Our team will advise landlords of market conditions and appropriate rent rates, identify when it is appropriate and commercially reasonable to request a rent deposit or alternative means of rent security, and represent your best interests, whether landlord or prospective tenant, in rent negotiations. There may be additional sums that will need to be agreed as payable under a lease; for example, the tenant may be required to pay contributions towards building insurance, service charges, etc. We can advise both tenants and landlords on what is reasonable in terms of possible additional sums payable under a lease and represent your interests in negotiations and related discussions with the other party.
  • Rent review: ordinarily, the tenant will have the automatic right to renew the lease at the end of the term of the lease. As landlord or prospective tenant, this default position may suit your business interests. Alternatively, we can advise on a bespoke rent review agreement specific to your business needs.
  • Repairing obligations: will the lease require repairs to be made to the building as a result of damage or everyday wear and tear? What standard will any required repairs be measured against: the best possible standard, a working standard, the original standard measured against a schedule of conditions? These are important considerations. Addressing repairing obligations in a lease agreement can mitigate possible disputes arising during a transaction. Our team can advise on the inclusion of repairing options and draft clauses reflecting your specific requirements in a lease agreement.
  • Termination of lease: establishing clear grounds on which termination of a lease will occur is essential to an effective landlord-tenant relationship. Termination provisions in a lease require careful drafting as legislation extends a degree of security to commercial tenants with regard to their rights under a lease. Our Conveyancing Team can advise both landlords and prospective tenants of their rights and duties relating to the termination process and include precise drafting in a lease agreement to avoid any ambiguity regarding each party’s respective rights and obligations, as well as the implications of a breach of the lease agreement provisions.
  • Renewal: should an option for renewal be included in the lease? This is often dependent on both the individual circumstances of landlord and tenant. We can advise on the legal implications of adding a renewal clause in a lease and discuss with you what your options may be in this regard.

Contact our Commercial Conveyancing Lawyers in Paisley, Scotland

At Hunter & Robertson, we have a long-standing reputation for delivering high quality and seamless legal services to our clients. Our team of expert Conveyancing Solicitors have years of experience advising both landlords and tenants on the legal intricacies and complex drafting associated with commercial leasing. Our services include:

  • Commercial lease drafting and negotiation
  • Commercial lease assignments and subletting
  • Lease renewals and variations
  • Rent reviews
  • Property improvements and planning matters
  • Property tax
  • Service charges
  • Termination of lease agreements.

Our Property Solicitors advise both landlord and tenants and, as such, understand the challenges that most commonly arise in the context of commercial leasing. We are best placed to represent your interest and bring to your attention possible points of discrepancy or dispute. We serve clients in Paisley, Linwood, Renfrew, Houston, Johnstone, Dalry, Bridge of Weir, Elderslie and the surrounding areas.

For professional and practical legal advice regarding commercial lease agreements, contact our expert team of Commercial Conveyancing Solicitors at Hunter & Robertson on 0141 530 4405 or fill out our online enquiry form.

Make an enquiry

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input