How to avoid the pitfalls of a commercial lease

By Lea Hough Chartered Surveyors

04 Apr 2019

dsc09455.jpg

Taking on a lease on a commercial property is something that businesses up and down the UK do on virtually a daily basis. Despite it being a relatively common business practice, it is amazing how easy it is for mistakes to be made, sometimes leaving the business in an extremely precarious position and even occasionally resulting in the demise of the business altogether.

Here at Lea Hough, we regularly advise businesses that are taking on commercial leases and as such, have seen the good, the bad and the ugly.

Here are the four pitfalls of commercial leases you should look to avoid at all costs.

1. Taking on a lease without a Schedule of Condition

This is one of the most costly mistakes an incoming tenant can make. A Schedule of Condition is a professionally prepared document that includes both detailed written descriptions and extensive photographs to give a clear record of the condition of a building when a Tenant takes possession.

Without this in place, it can be very difficult to later prove what condition the property was in at the time when occupancy was taken, therefore making it possible for the landlord to serve them with a hefty Schedule of Dilapidations when the lease comes to an end.

Ensuring that you have a good quality Schedule of Condition drawn up can go a long way to protecting your interests. Once written up, this should be attached and referenced to the lease for both parties to sign.

2. Failing to understand your obligations

A commercial lease will typically contain a provision for the tenant to keep the property in good repair and condition throughout the lease term. When becoming a tenant of a commercial property, you will automatically take up the maintenance and repair obligations as detailed in the lease. As such, it is important to both budget and plan for ongoing repair works.

It is also very important to check your position in relation to how it the property is to be left at the end of the lease – ie. whether you will need to put the property back to a similar condition (or at least layout) as original. This is especially important for buildings that are already in a dilapidated state when you take occupancy.

3. Undertaking unauthorised works

Taking on a commercial space will usually involve relocating a business’ operations, or at least an element of its function, to the property. The space therefore has to work for the tenant, which may mean making alterations. Tenants need to be very wary of going ahead and making changes without seeking the express permission of their landlord, which typically involves a Licence To Alter. Should changes not be approved, the tenant could be asked to reinstate the property to its original condition, which is often impractical and very costly.

4. Not paying attention to break clauses

For tenants, a break clause is used to provide flexibility to accommodate a potential change in future circumstances. However, break clauses can also benefit the landlord in some cases.

If you are unsure whether or not you want to stay in the property for the full term of your lease, be sure to take advice well in advance of the break date – ideally at least 12 months in advance and at least 6 months before the break ‘trigger notice date’.

If you do wish to activate a break clause, your obligations regarding the property’s repair will usually be the same as if the lease had run its full course, and you will likely have to begin a programme of works to bring the building back to the state the lease dictates.

These are just some of the pitfalls we regularly come across in relation to taking on commercial leases. The law in this country very much favours landlords, with tenants taking of a lion’s share of responsibility for upkeep and maintenance during the term of a lease.

In order to protect your interests as best as you can, it is always worth consulting with a Chartered Surveyor prior to signing a lease. For more information on Lea Hough’s services for both tenants and landlords, please get in touch.

Latest news

1

Barnfield Construction transitions to an Employee-Owned Business Staff Cheer Photo.jpg.jpg

Barnfield Construction transitions to an Employee-Owned Business

24 Jan 2025

2

Wallsauce looks to grow B2B customer base with increased trade focus Martin Emmott Rosebud and Andy Gerraty Wallsauce

Wallsauce looks to grow B2B customer base with increased trade focus

24 Jan 2025

3

CBP goes into administration Community and Business Partners in Blackburn with doors shut

CBP goes into administration

23 Jan 2025

4

Plan moves forward for new £13.2m Innovation Hub Councillor Phillippa Williamson and Coun Aidy Riggott

Plan moves forward for new £13.2m Innovation Hub

22 Jan 2025

5

Record turnover as Napthens continues to grow Stephen Faulkner

Record turnover as Napthens continues to grow

22 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin