COMMERCIAL PROPERTY LAW
Commercial Landlord & Tenants
Our team of commercial law experts have vast experience in helping both landlords and tenants on commercial properties. We can assist with the formation of business leases at the start, as well as renewals issued under Section 25 and 26 of the Landlord and Tenant Act 1954.
Other common enquiries include rent reviews, applications to alter a licence, recovery of rent arrears, subletting and termination of the lease. We can also assist by providing mediation in the event of any disputes which arise between a landlord and a tenant.
Whether you would like us to check existing contracts, mediate or draw up a new agreement, get in touch to talk to our expert commercial property team.
For more information about our commercial property law services please call us on +44 (0)20 3475 6751 or email info@carterbond.co.uk
More information on commercial landlord and tenant
The commercial law which exists between a commercial landlord and tenant can be complex.
Commercial tenants don’t have as many rights under the law as other tenants, but they may be at least partially covered by the Landlord and Tenant Act 1954. As a commercial landlord there are certain obligations and responsibilities you are required to fulfil.
Although with commercial properties, the boundaries between landlord and tenant may be more blurred, the landlord still has a duty to ensure the property is safe for anyone using it. This means that at times there may be an overlap between the landlord and the tenant’s obligations to keep the premises safe for use.
For this reason, it’s advisable to seek legal advice on commercial tenancies. We have extensive experience advising both tenants and landlords and can assist with all aspects from disputes to contract extensions and Section 26 Notices.
Breakdown of obligations
Although there may be a significant responsibility for safety with the tenant, depending on the intended use, the landlord is not exempted from having safety obligations.
The tenant
The tenant must ensure compliance with Health and Safety at Work etc. Act 1974 which covers the following:
- Provision of washing and toilet facilities
- Drinking water
- Temperature
- Safe equipment
- Adequate lighting, space and ventilation.
The landlord
The landlord has a set of different safety responsibilities which include:
- Fixtures and fittings (including lighting and heating)
- Gas and electricity. This may partially be also the responsibility of the tenant (usually for maintenance). The The Landlord and Tenants Act 1985 specifies that the electrical supply must be verified as safe at the start of the tenancy. An Electrical Condition Report (EICR) is recommended at the start; this will need to be renewed every five years.
- Maintenance and repair. The extent of this should be covered in the lease, along with any expectations of the tenant.
- Failing to protect against this risk carries heavy penalties. The lease should specify where this liability falls, but it’s typically at least partially on the landlord.
- The Regulatory Reform (Fire Safety) Order 2005 specifies that the “responsible person” is in charge of fire safety, which means the tenant. However, the landlord is often responsible for the provision of the equipment and will remain completely responsible for any communal areas.
YOUR COMMERCIAL PROPERTY LEGAL TEAM
Shyamal Dawada
Property Law Consultant
Lena Thakrar
Property Solicitor
COMMERCIAL HIGHLIGHTS
Acting for a landlord of a shopping centre for all lettings in respect of a shopping mall on Oxford Street, London
We have acted on both the landlord and tenant side and have completed over 700 lease grants and assignments
WHY CARTER BOND
Partner Led
Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.
Proactive Contact
Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.
City quality, outer City fees
The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.
ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer the same high level service they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.
All in all, our clients win, which is the way we like it.
Our knowledge and resources are yours
All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.
KIND WORDS
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GET IN TOUCH
For more information, or to discuss your requirements, please contact our team on +44(0) 20 3475 6751 or info@carterbond.co.uk