Business lease: offices above shop

This is a comprehensive but uncomplicated business premises lease for letting self contained office or storage space above a shop or other workspace. There is no provision for shared services or service charge recovery. Features: term 1-7 years; guarantor provision; break provision; rent review options; SS 24-28 opt-out; options for assignment; no sub-letting; no management or service charge.

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About this business premises lease

This is a comprehensive but uncomplicated business premises lease for a separate letting of office or storage space above a shop or other workspace.

This short term lease should be used for letting offices or other rooms above a shop or other commercial premises. There is no provision for service charge recovery.

The lease has been drawn to prefer the interest of the landlord rather than the tenant.

Provided the term of the lease is seven years or less, it does not need to be registered at the Land Registry.

Similar business lease agreements

If your tenants do share common services and facilities, Business lease: shop in parade may be more appropriate.

If there is only one tenant in the whole building, you should use Office lease agreement: self contained building.

We also offer a lease for a retail unit or shop where the same tenant also rents office space within the same building. See Shop lease agreement.

If you are still not sure, there is more information at Which Net Lawman Business Lease?

Key features

Plain English is used throughout except where it is necessary to use legal terms common in this field of law.

The key features of this template can be summarised as:

  • term: 1-7 years
  • standard guarantor
  • options for transfer or assignment to another party
  • sub-letting forbidden
  • option to include a break clause for premature termination by the tenant
  • a choice of options for rent reviews
  • opt-out of sections 24-28 of the Landlord and Tenant Act 1954

The law in this office lease

Commercial property law is regulated primarily by the Landlord and Tenant Act 1954, amended many times.

Account has also been taken of:

  • the Landlord and Tenant (Covenants) Act 1995;
  • the Regulatory Reform Regulations 2003;
  • the Joint Committee's Code for Leasing Business Premises;
  • the RICS' Code on Service Charges.

In balancing the codes with the law and the interest of the Landlord, we have followed the codes where reasonable, but have always preferred the interest of the Landlord.

Lease template contents

This business premises lease is comprehensive, providing alternative choices for important decisions.

The contents include 27 provisions and 1 schedule covering:

  • rent: period, amount, other payments, interest on overdue rent, periodic review
  • condition and repair
  • tenant's positive obligations
  • restrictions on tenant: prohibited activities on the property
  • signs and advertisements
  • goods and vehicles
  • assignment of the lease
  • indemnities by the tenant
  • security deposit
  • insurance
  • access for landlord
  • guarantor
  • termination: default notice by landlord; provision for premature termination (a break clause)
  • forfeiture
  • security of tenure excluded
  • Schedule 1: rights reserved

Scottish version of this lease

The law governing commercial leases is substantially different in Scotland as compared with England, Wales and Northern Ireland. In Scotland there is no equivalent to the Landlord and Tenant Acts. There is little legislation or case law relating to leases in Scotland. So the version we have drawn for our Scottish user is common law based.

On registration of leases in Scotland, only commercial leases for longer than 20 years must be registered in the Land Register of Scotland. However, the lease is often registered in the Books of Council and Session in Edinburgh.

For the Scottish version of this lease please select "Scotland" from the list in top box.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

UK-PRlse11 - Business lease: offices above shop

 
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