This document that can be used to create simple business leases. It can be used for shops, offices or light industrial units, such as warehouses or workshops.
The document is perfect for simple business leases over shorter periods of time. It clearly sets out the rights and responsibilities of both the landlord and tenant, and provides for options such as deposits and exclusion of s.24 to 28 of the Landlord and Tenant Act 1954, together with customisation by both parties for specific rights and obligations at the property to be leased.
Longer leases, of over 7 years, or leases for properties which are both commercial and residential (e.g. if there is a flat above the business), require more complex terms, which are not included in this document.
How this document is to be used
The document should be provided to all parties who should be given an opportunity to read its contents. Then each party should sign a copy, or a copy and counterpart if necessary. All parties should then be provided with a copy of the agreement.
Then on the first date of the lease, the tenant should pay their first instalment of rent, and any deposit, in accordance with the agreement, before taking possession of the property.
If the landlord wishes to ensure that he is able to evict the tenant, following the expiry of the term, a notice informing the tenant that s.24 to 28 of the Landlord and Tenant Act 1954 should be served on the tenant before the lease is signed. In return the tenant should sign and provide a declaration acknowledging the notice and the effects of excluding s.24 to s.28 of the Landlord and Tenant 1954. This notice and declaration must be provided in a required form in order to be valid. If this process does not occur, the tenant may be able to extend the lease even if the Landlord does not agree. Once this process has been undertaken and the required notices declarations have been obtained, you may wish to attach these documents to the signed and completed lease. In any event, it is important that these documents are retained.
Any applicable law
Business leases are governed by commercial landlord and tenant law.
You should consider whether the lease created needs to be registered in accordance with the Land Registration Act 2002.
The Landlord and Tenant Act 1954 will apply to the agreement, though certain provisions regarding security of tenure may be excluded.
If the property to be leased has a residential area, and is thus "mixed-use" there are a large number of statutory provisions which may apply including the Protection from Eviction Act 1977.
Part II of the Law of Property Act 1925 also sets out the requirements regarding agreements to be executed by deed.
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