New tenants New lease

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    New tenants New lease

    Hi
    I will be looking for new tenants soon so will need new lease drawn. It's a small commercial unit 1500sq ft, trying to cut cost of hiring solicitor.
    Can I use the previous lease which was issued by a commercial property lawyer? Online leases? Any advise?
    Thanks

    #2
    In principle, to base a new lease on a previous lease - common practice amongst lawyers - subject to updating / modernisation and reqording of covenants and conditions for the new letting .

    However, question is whether to use the previous lease in its entirely would breach copyright belonging to the commercial property lawyer? For the principles, see Lennox Estates Ltd v S&W Ventures Ltd (2021) [2021] 11 WLUK 78 IP-2021-000027

    Comment


      #3
      I have been both a landlord of Commercial Property and still am a tenant
      Over 45 years ago when I took on my first Commercial Lease which was being handled by a Chartered Surveyor it was a condition of the new lease that the applicant (myself) paid all the solicitors fees for the creation of the lease.
      In the meantime I also on 6 yearly Licences had to pay the solicitors fees.
      Personally if you are looking to have a new lease drawn up get some quotes from solicitors.
      When I recently had a new lease drawn up for a commercial property I asked the incoming tenant to pay half.
      I did think of copying the lease which my solicitor did 3 years before but there were subtle changes to do with it being outside the 1954 act.

      Comment


        #4
        Piffy,

        Thank you for the reply.
        Is the 1954 act to do with "exclude security of tenure"?

        Comment


          #5
          Originally posted by artin View Post
          Piffy,

          Thank you for the reply.
          Is the 1954 act to do with "exclude security of tenure"?
          I can be wrong on this: As I understand it if a lease is "outside" the 1954 Act, when the lease ends the tenant has to leave.
          Inside the Act means that at the end of the lease the tenant has the right to ask for a new lease, even if words in the lease say The tenant will leave at the end of the lease, it doesn't mean anything.
          I along with thousands of other Commercial Landlords are getting older and when I rented out a Commercial Property for a long time I thought that at the end of the lease I would have the choice of re-letting or putting it up for sale . I did not realise the importance of the lease being inside the act and years later when the lease was about to end the tenant refused to go.

          Comment


            #6
            Originally posted by Piffy View Post

            I can be wrong on this: As I understand it if a lease is "outside" the 1954 Act, when the lease ends the tenant has to leave.
            Inside the Act means that at the end of the lease the tenant has the right to ask for a new lease, even if words in the lease say The tenant will leave at the end of the lease, it doesn't mean anything.
            I along with thousands of other Commercial Landlords are getting older and when I rented out a Commercial Property for a long time I thought that at the end of the lease I would have the choice of re-letting or putting it up for sale . I did not realise the importance of the lease being inside the act and years later when the lease was about to end the tenant refused to go.
            Yes that is the "exclude security of tenure". It is a form to be filled by both parties when signing the lease otherwise the tenant has the right to stay when lease expires and landlord can't do anything, no sure exactly how, I guess he can demand a new lease and sounds like landlord will never be able to get rid of him... I always insist in doing it. They call it a lease without security of tenure.

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