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Negotiating the lease

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Negotiating the lease

The Code for Leasing Business Premises provides Model Heads of Terms for negotiating the lease of commercial property. You can use these for guidance when discussing terms with the Landlord or its agent.

Code for Leasing Business Premises: Model Heads of Terms: The Code for Leasing Business Premises

Once the Heads of Terms are agreed each party should appoint a solicitor. The Landlord’s solicitor will prepare a draft lease reflecting the agreed terms. The tenant’s solicitor will check the Lease and draft any amendments for the Landlord’s approval.

Aspects which will require careful and detailed consideration include the following:

  1. The term or duration of the Lease
  2. Your repair obligations
  3. Can you carry out alterations and improvements?
  4. Rent Review provisions
  5. Service Charge provisions
  6. Security of Tenure

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