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Commercial Leases

This publication guides practitioners through negotiating and drafting commercial leases, including assignment, termination, transfer, and other related transactions.

1 Matter Plan

Overview

The commentary covers the key practical issues of commercial lease law, including bank and personal guarantees, interruption, outgoings, repairs, renewals, registration, and subleases. It also deals with contracting out of the Landlord and Tenant Act 1954, breaches, notices, and commercial lease disputes.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of clauses for leases;
  • commercial leases – optimised and standard versions;
  • an Agreement for Lease;
  • an Authorised Guarantee Agreement;
  • a Deed of Variation
  • a Licence to Assign;
  • Heads of Terms.
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1 Matter Plan Included

  • Item icon ALERT - From 3 March 2025, the non-residential limit on right to manage claims rises to 50%, expanding lessees' rights to enfranchisement and right to manage: Leasehold and Freehold Reform Act 2024 (Commencement No. 3) Regulations 2025.
    From 3 March 2025, the non-residential limit on right to manage claims rises to 50%, expanding lessees' rights to enfranchisement and right to manage: Leasehold and Freehold Reform Act 2024 (Commencement No. 3) Regulations 2025.

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  • Item icon Full Commentary - Commercial Leases - Acting for the Landlord
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Further information
    • Item icon Article: The Leasehold and Freehold Reform Act 2024
    • Item icon Article: All aboard the leasehold express to commonhold
    • Item icon Article: Are we really ready to be possessed?
    • Item icon Article: Decoding the commercial lease
    • Item icon Article: Temporary rent concessions for commercial leases - Side letter or deed of variation
  • Item icon Overview
    This guide covers the grant, sale, termination, and associated issues relating to legal leases of commercial property. Commercial property falls into the following main categories:

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  • Item icon Summary of the process
    The usual steps in acting on the grant of a commercial lease are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Commercial leases
    • Item icon To do list - Commercial leases - Acting for the landlord
    • Item icon First steps
    • Item icon Retainer instructions - Commercial leases
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to landlord client enclosing Client Care and Terms of Business
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Commercial leases - Acting for the landlord
      • Item icon A summary of the standard process of obtaining a grant of a commercial lease
    • Item icon Initial letter to estate agent confirming instructions
    • Item icon Initial letter to tenant’s solicitor
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Agreements for lease
    • Item icon Agreements for lease
      The terms agreement and contract are interchangeable in this section. In commercial transactions it is standard practice for the parties to proceed straight to completing the lease without a contract. This is because the lease doubles up as the contract and the title deed granting the legal ...

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    • Item icon Agreement for lease - General
    • Item icon Agreement for lease following construction of premises
    • Item icon Application to enter an agreed notice
    • Item icon Application to enter a unilateral notice
    • Item icon Application for registration of a Land Charge
  • Folder icon C. An introduction to commercial leases
    • Item icon An introduction to commercial leases
      Leases were founded in contract and common law but are now mainly governed by statute, primarily the Law of Property Act 1925. The Act created two legal estates in land:

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    • Item icon Short licence agreement of business and premises
    • Item icon Tenancy at will
    • Item icon RICS Code for leasing business premises, 1st edition
      While not binding on landlords or their practitioners, it is good practice when drafting a commercial lease to take a good look at the Code. The code is intended to improve the quality and fairness of lease negotiations and is mandatory for RICS members. It applies to commercial lettings in England ...

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    • Item icon RICS Code for leasing business premises, 1st edition
    • Item icon Checklist for heads of terms
    • Item icon Letter to tenant's solicitor enclosing heads of terms
    • Item icon Heads of terms
    • Item icon Rent deposit deeds
      It is standard practice for a landlord to ask a tenant to pay a rent deposit as security if the tenant defaults on its rent payments. The deposit is usually three to six months rent plus value added tax (VAT), if applicable. The rent deposit is usually paid into a separate interest-bearing bank ...

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    • Item icon Letter to tenant’s solicitor with lease and rent deposit deed
    • Item icon Letter to landlord with lease and rent deposit deed to sign
    • Item icon Rent deposit deed
    • Item icon The By Lawyers commercial lease
      Two commercial leases are on the matter plan. These contain all the usual covenants. The By Lawyers Commercial Lease – Optimised Presentation has been drafted in plain English to assist practitioners in preparing documents that everyone can understand and reduce the amount of time spent explaining ...

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    • Item icon Commercial lease - Optimised presentation
    • Item icon Commercial lease - Standard presentation
  • Folder icon D. The lease
    • Item icon Components of a commercial lease
      Save for the statutory prescribed clauses listed below, all lease terms are negotiable between the parties. The following are standard provisions found in most standard commercial leases.

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    • Item icon Parties
      The lease sets out the full names and addresses of the landlord and the tenant, with the option to add a guarantor. If any of the parties are corporate entities, in addition to full name and registered office or address for service, the lease must state the company’s registration number.

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    • Item icon Letter to tenant serving notice of release from covenants
    • Item icon Landlord’s notice applying for release from landlord covenants of a tenancy on assignment of part of reversion - Form 4
    • Item icon Landlord’s notice applying for release from landlord covenants of a tenancy on assignment of whole of reversion - Form 3
    • Item icon Prescribed clauses
      Leases for a term of seven years or more are required to be registered under s 27(2)(b) of the Land Registration Act 2002 and to contain specific prescribed clauses. This applies to both commercial and residential property. Save for a cover and contents page, the prescribed clauses appear ...

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    • Item icon Letter to landlord enclosing lease
    • Item icon Letter to tenant’s solicitor with lease and rent deposit deed
    • Item icon Letter to landlord with lease and rent deposit deed to sign
    • Folder icon Lease - Part of property
      • Item icon Commercial lease - Optimised presentation
      • Item icon Commercial lease - Standard presentation
      • Item icon Short-form model commercial lease (part)
      • Item icon The Law Society Business Lease (Part of Building) (Registered)
      • Item icon The Law Society Business Lease (Part of Building) (Unregistered)
      • Item icon Rent deposit deed
    • Folder icon Lease - Whole of property
      • Item icon Commercial lease - Optimised presentation
      • Item icon Commercial lease - Standard presentation
      • Item icon Short-form model commercial lease (whole)
      • Item icon The Law Society Business Lease (Whole of Building) (Registered)
      • Item icon The Law Society Business Lease (Whole of Building) (Unregistered)
      • Item icon Rent deposit deed
    • Folder icon Library of clauses
      • Folder icon Optimised presentation
        • Item icon Alcohol licence - Application clause
        • Item icon Alcohol licence - Landlord's consent clause
        • Item icon Alcohol licence - Transfer clause
        • Item icon Landlord's conditions of consent to assignment clause
        • Item icon Landlord's conditions of consent to underletting clause
        • Item icon Covenants protecting lender's interests clause
        • Item icon First right of refusal clause
        • Item icon Guarantor clause
        • Item icon Landlord's break notice
        • Item icon Landlord's break clause
        • Item icon Option to purchase clause
        • Item icon Parking space clause
        • Item icon Tenant's break clause
        • Item icon Tenant's break notice
        • Item icon Turnover rent clause
      • Folder icon Standard presentation
        • Item icon Alcohol licence - Application clause
        • Item icon Alcohol licence - Landlord's consent clause
        • Item icon Alcohol licence - Transfer clause
        • Item icon Landlord's conditions of consent to assignment clause
        • Item icon Landlord's conditions of consent to underletting clause
        • Item icon Covenants protecting lender's interests clause
        • Item icon First right of refusal clause
        • Item icon Guarantor clause
        • Item icon Landlord's break clause
        • Item icon Landlord's break notice
        • Item icon Option to purchase clause
        • Item icon Parking space clause
        • Item icon Rent review index-linked clause
        • Item icon Tenant's break clause
        • Item icon Tenant's break notice
        • Item icon Turnover rent clause
    • Folder icon Other leases and agreements
      • Item icon Car parking licence agreement
      • Item icon Deed of lease of business
      • Item icon Short licence agreement of business and premises
      • Item icon Medical centre licence agreement
      • Item icon Sharefarming agreement
    • Item icon Defining the premises
      The premises are defined in what is known as the parcels clause, which clearly describes the premises to be let. For example:

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    • Item icon Letter to tenant serving notice regarding abandoned goods
    • Item icon Notice regarding abandoned goods
    • Item icon Alienation
      Alienation is the phrase used to refer to the tenant’s ability to deal with the lease by:

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    • Item icon The Alienation Protocol
    • Folder icon Sublease
      • Item icon Subletting
        Subletting the whole premises means the tenant keeps its leasehold interest but creates a sublease in favour of a third party. The landlord will want to control the subletting for the same reasons as on assignment.

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      • Item icon Commercial sublease
      • Item icon Letter to tenant's solicitor with in principle consent to sublease
      • Item icon Letter to tenant's solicitor with sublease and rent deposit deed
      • Item icon Rent deposit deed
      • Item icon Letter to tenant's solicitor confirming consent to sublease
      • Item icon Letter to tenant's solicitor with final consent to sublease
    • Folder icon Lease of part
      • Item icon Leases of part
        The premises The demised premises usually excludes the floor, ceilings, roofs, windows, and services other than those exclusively servicing the demised premises.

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      • Item icon Commercial lease - Optimised presentation
      • Item icon Commercial lease - Standard presentation
      • Item icon Short-form model commercial lease (part)
      • Item icon The Law Society Business Lease (Part of Building) (Registered)
      • Item icon The Law Society Business Lease (Part of Building) (Unregistered)
      • Item icon Rent deposit deed
    • Folder icon Consent
      • Item icon Costs of consent
        Unless the lease otherwise provides, the landlord cannot require the tenant to pay its costs in providing the consent: s 144 of the Law of Property Act 1925. It is standard practice for the lease to require the tenant to pay the landlord’s costs. On receiving the application from the ...

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      • Item icon Letter to tenant's practitioner requesting professional undertaking for landlord's costs - Licence to assign
      • Item icon Letter to tenant's practitioner with requirements - Consent to dealing
    • Folder icon Alterations
      • Item icon Alterations
        The tenant is likely to make alterations to the premises at the beginning or during the tenancy by fitting out a shop or partitioning an office. The landlord will want to control alterations to:

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      • Item icon Letter to tenant's practitioner requesting professional undertaking for landlord's costs - Licence for alterations
      • Item icon Letter to tenant's practitioner with draft licence for alterations
      • Item icon Licence for alterations
      • Item icon Guarantor clause - Licence for alterations
      • Item icon Letter to tenant's practitioner with counterpart licence for alterations for signature and request for costs payment
      • Item icon Letter to landlord with licence for alterations for signature
      • Item icon Letter to tenant's practitioner enclosing signed licence for alterations
      • Item icon Initial letter to landlord's surveyor regarding licence for alterations
      • Item icon Letter to landlord's surveyor settling costs for licence for alterations
      • Item icon Letter to landlord enclosing signed licence for alterations
    • Folder icon Library of forms
      • Folder icon HMRC
        • Item icon Trust and estate tax return (SA900(2024))
        • Item icon Claim for relief - loss on sale of land
        • Item icon UK property (SA105(2020))
        • Item icon IHT 35 (continuation sheet) - claim for relief
        • Item icon Trust and estate tax return (SA900(2020))
        • Item icon Confirmation C1 and C2 Combined (2021)
        • Item icon Tax return (SA100(2019))
        • Item icon Confirmation C1 and C2 Combined (2022)
        • Item icon Northern Ireland Legislative Assembly
        • Item icon Authorising your agent
        • Item icon Post-transaction valuation checks for capital gains
        • Item icon Confirmation
        • Item icon Inventory continued
        • Item icon Continuation page for form (C4)
        • Item icon Corrective inventory and account
        • Item icon Continuation page for form (C4(S))
        • Item icon Return of estate information (C5)
        • Item icon Return of estate information (C5(OUK))
        • Item icon Information about small estates
        • Item icon Computation working sheet (for straightforward calculations)
        • Item icon Domicile outside the UK
        • Item icon Stocks and shares
        • Item icon Debts due to the settlement or trust
        • Item icon Life insurance and annuities
        • Item icon Household and personal goods (D35)
        • Item icon Land, buildings and interests in land
        • Item icon Agricultural relief (D37)
        • Item icon Business relief, business or partnership interests
        • Item icon Foreign assets (D39)
        • Item icon Tax return (SA100(2024))
        • Item icon Continuation sheet for additional information
        • Item icon Checklist
        • Item icon Instrument of variation checklist
        • Item icon Dispensation for expenses payments and benefits in kind
        • Item icon Trust and estate tax return (SA900(2021))
        • Item icon Claim for repayment of tax deducted from savings and investments
        • Item icon Lloyd’s underwriters income from membership of lloyds
        • Item icon Additional information
        • Item icon Employment
        • Item icon Ministers of religion
        • Item icon Parliament
        • Item icon Self-employment (full)
        • Item icon Lloyd's underwriters
        • Item icon Self-employment (short)
        • Item icon Partnership (full)
        • Item icon Partnership (short)
        • Item icon Foreign
        • Item icon Trusts etc
        • Item icon Capital gains tax summary
        • Item icon Residence, remittance basis etc
        • Item icon Tax calculation summary
        • Item icon Self assessment: appeal against penalties for late filing and late payment
        • Item icon Self assessment: partnership tax return - appeal against late filing penalties
        • Item icon Tax return for a non-resident company or other entity liable to income tax
        • Item icon Partnership tax return 2023
        • Item icon Partnership trading and professional income
        • Item icon Partnership statement (full)
        • Item icon Partnership UK property
        • Item icon Partnership foreign
        • Item icon Partnership disposal of chargeable assets
        • Item icon Partnership savings, investments and other income
        • Item icon Trust and estate trade
        • Item icon Trust and estate partnership
        • Item icon Trust and estate UK property
        • Item icon Trust and estate foreign
        • Item icon Trust and estate capital gains
        • Item icon Trust and estate non-residence
        • Item icon Trust and estate charities
        • Item icon Estate pension charges etc
        • Item icon Tax return for trustees of registered pension schemes
        • Item icon Trust and estate tax return (SA900(2019))
        • Item icon UK property (SA105(2021))
        • Item icon Claim for relief - loss on sale of shares
        • Item icon UK property (SA105(2022))
        • Item icon Trust and estate tax return (SA900(2022))
        • Item icon Corrective inventory and account (2022)
        • Item icon Corrective account
        • Item icon Tax return (SA100(2023))
        • Item icon UK property (SA105(2023))
        • Item icon Tax return (SA100(2021))
        • Item icon Confirmation inventory (2022)
        • Item icon Notice of appeal against a penalty - stamp duty land tax
        • Item icon Trust and estate tax return (SA900(2023))
        • Item icon Tax return (SA100(2022))
        • Item icon Tax return (SA100(2020))
        • Item icon UK property (SA105(2019))
        • Item icon UPDATED Return of estate information (IHT205(2011-2021))
      • Folder icon Land Registry
        • Folder icon Title Restrictions Clauses
          • Item icon Beneficial interest that is a right or claim in relation to a registered estate
          • Item icon Restriction on dispositions by sole proprietor
          • Item icon Freezing order on the registered estate
          • Item icon Dispositions by trustees of the legal estate - certificates required
          • Item icon Freezing order on charge
          • Item icon Dispositions by personal representatives - certificate required
          • Item icon Application for freezing order on the registered estate
          • Item icon Parsonage, diocesan glebe, church or churchyard land
          • Item icon Application for freezing order on charge
          • Item icon Non-exempt charity - certificate required
          • Item icon Restraint order or interim receiving order on the registered estate
          • Item icon Land vested in official custodian on trust for non-exempt charity - authority required
          • Item icon Restraint order or interim receiving order on charge
          • Item icon Tenant for life as registered proprietor of settled land, where there are trustees of the settlement
          • Item icon Application for restraint order or interim receiving order on the registered estate
          • Item icon Statutory owners as trustees of the settlement and registered proprietors of settled land
          • Item icon Application for restraint order or interim receiving order on charge
          • Item icon Tenant for life as registered proprietor of settled land - no trustees of the settlement
          • Item icon Trustee in bankruptcy and beneficial interest - certificate required
          • Item icon Charging order affecting beneficial interest - certificate required
          • Item icon Disposition by registered proprietor of a registered estate or proprietor of charge - certificate required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - certificate of registered proprietor of specified title
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of registered proprietor of specified title num
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of proprietor of specified charge required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - consent of personal representative required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge - evidence of compliance with club rules required
          • Item icon Trustee appointed in place of a person who lacks capacity – jointly owned property
          • Item icon Disposition by proprietor of charge - certificate of compliance required
          • Item icon Disposition by proprietor of charge - consent required
          • Item icon Section 37 of the Housing Act 1985
          • Item icon Section 157 of the Housing Act 1985
          • Item icon Paragraph 4 of Schedule 9A to the Housing Act 1985
          • Item icon Section 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989
          • Item icon Section 13 of the Housing Act 1996
          • Item icon Lease of property in Wales by registered social landlord
          • Item icon Statutory charge of beneficial interest in favour of the Lord Chancellor
          • Item icon Interest in beneficial joint tenancy subject to charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983 or section 71 of the Social Services and Well-being (Wales) Act 2014
          • Item icon Restriction as to evidence of execution
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge – consent or certificate required
          • Item icon Disposition by proprietor of charge – consent or certificate required
          • Item icon Disposition by registered proprietor of registered estate or proprietor of charge – certificate of landlord or of a conveyancer, required
          • Item icon Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011
          • Item icon Deputy appointed under section 16 of the Mental Capacity Act 2005 – solely owned property
        • Item icon Land Registry - Execution of Deeds
        • Item icon Application for registration in farmer's name
        • Item icon Application for registration in name of an Agricultural Society
        • Item icon Application for cancellation of an entry in the register on proof of discharge
        • Item icon Application for a certificate that a registration has been cancelled
        • Item icon Application for a certified copy of the memorandum filed in the Register of Agricultural Charges under the Act
        • Item icon Application for an official search
        • Item icon Application for the rectification of an entry in the register
        • Item icon Application for approval of a standard form of charge deed and allocation of official HM Land Registry reference
        • Item icon Application for approval of a deed of variation/priority/postponement of a charge
        • Item icon Application for Application Management Service
        • Item icon Application to enter an agreed notice
        • Item icon Application to change the register
        • Item icon Assent of whole of registered title(s) by personal representative(s)
        • Item icon Assent of charge by personal representative(s)
        • Item icon Assent of part of registered title(s) by personal representative(s)
        • Item icon Application for registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002
        • Item icon Application to be registered as a person to be notified of an application for adverse possession
        • Item icon Entry of a note of consolidation of charges
        • Item icon Application to cancel a caution against dealings
        • Item icon Application to cancel a caution against first registration
        • Item icon Legal charge of a registered estate
        • Item icon Application to enter an obligation to make further advances
        • Item icon Application to note agreed maximum amount of security
        • Item icon Application in connection with investigation or enforcement proceedings (court, insolvency, tax)
        • Item icon Application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
        • Item icon Application for the registration of an amended commonhold community statement and/or altered articles of association
        • Item icon Application to add land to a commonhold registration
        • Item icon Application for the termination of a commonhold registration
        • Item icon Application to cancel a notice (other than a unilateral notice)
        • Item icon Change of name (transgender and non-binary)
        • Item icon Application to register a freehold estate in commonhold land
        • Item icon Application for the registration of a successor commonhold association
        • Item icon Notification of change of extent of a commonhold unit over which there is a registered charge
        • Item icon Updating registered owners' contact address
        • Item icon Consent to the registration of land as commonhold land
        • Item icon Consent to an application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
        • Item icon Application for registration with unit-holders
        • Item icon Continuation sheet for use with application and disposition forms
        • Item icon Caution against first registration
        • Item icon Application to determine the exact line of a boundary
        • Item icon Disclosable overriding interests
        • Item icon Application to remove from the register the name of a deceased joint proprietor
        • Item icon List of documents
        • Item icon Cancellation of entries relating to a registered charge
        • Item icon Application to cancel entries relating to a registered charge
        • Item icon Application to cancel entries relating to a registered charge (or which an END has been sent)
        • Item icon Release of part of the land from a registered charge
        • Item icon Application for the registrar to designate a document as an exempt information document
        • Item icon Reasons for exemption in support of an application to designate a document as an exempt information document
        • Item icon Application for official copy of an exempt information document
        • Item icon Application to remove the designation of a document as an exempt information document
        • Item icon Application for first registration
        • Item icon Application for copies of historical edition(s) of the register/title plan held in electronic form
        • Item icon Application for registration of a notice of home rights
        • Item icon Application for renewal of registration in respect of home rights
        • Item icon Application by mortgagee for official search in respect of home rights
        • Item icon Cancellation of a home rights notice
        • Item icon Certificate of identity for a private individual
        • Item icon Certificate of identity for a body corporate
        • Item icon Certificate of identity for a private individual (non-conveyancer)
        • Item icon Certificate to be given by a conveyancer where a person's identity has been verified by way of an online video call
        • Item icon Trust information
        • Item icon Notice to the registrar in respect of an adverse possession application
        • Item icon Application for official copies of register/plan or certificate in form C1
        • Item icon Application for official copies of documents only
        • Item icon Application by purchaser for official search with priority of the whole of the land in a registered title or a pending first registration application
        • Item icon Application by purchaser for official search with priority of part of the land in a registered title or a pending first registration application
        • Item icon Application for official search without priority of the land in a registered title
        • Item icon Application for a personal inspection under section 66 of the Land Registration Act 2002
        • Item icon Application for a search in the index of proprietors' names
        • Item icon Request for the production of documents
        • Item icon IOPN search - evidence of identity
        • Item icon Application for Pre-submission Enquiry Service
        • Item icon Request for a restriction by owner(s) not living at the property
        • Item icon Request for a restriction by a company
        • Item icon Application to enter a restriction
        • Item icon Application for an order that a restriction be disapplied or modified
        • Item icon Application to cancel a restriction
        • Item icon Application to withdraw a restriction
        • Item icon Restriction - consent or certificate
        • Item icon Application for noting the overriding priority of a statutory charge
        • Item icon Application for an official search of the index of relating franchises and manors
        • Item icon Application for an official search of the index map
        • Item icon Application to enter Form A restriction on severance of joint tenancy by agreement or notice
        • Item icon Notice of surrender of development right(s)
        • Item icon Statement of truth in support of an application for registration based upon adverse possession
        • Item icon Statement of truth in support of an application based upon adverse possession of a rentcharge
        • Item icon Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
        • Item icon Statement of truth in support of an application for registration and/or noting of a prescriptive easement
        • Item icon Transfer of part of registered title(s)
        • Item icon Transfer of part of registered title(s) under Power of sale
        • Item icon Statement of truth in support of an application to cancel a Form A restriction
        • Item icon Transfer of whole of registered title(s)
        • Item icon Transfer of whole of registered title(s) under Power of sale
        • Item icon Transfer of a charge or portfolio of charges
        • Item icon Transfer of portfolio of titles (whole or part)
        • Item icon Application to enter a unilateral notice
        • Item icon Application to remove a unilateral notice
        • Item icon Application to be registered as beneficiary of an existing unilateral notice
        • Item icon Application for the cancellation of a unilateral notice by a person who is (or is entitled to be) the registered proprietor
        • Item icon Application for upgrading of title
        • Item icon Application to withdraw a caution
        • Item icon Leases prescribed clauses (table format)
        • Item icon Leases prescribed clauses (text format)
  • Folder icon E. Security of tenure - Part II Landlord and Tenant Act 1954
    • Item icon Introduction to Part II of the Landlord and Tenant Act 1954
      The Landlord and Tenant Act 1954 sets out the rules and procedures giving security of tenure to business tenants and regulates how such tenancies can be renewed and terminated. The Act does not apply to residential leases or tenancies.

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    • Folder icon Renewal agreed
      • Item icon Letter to tenant with section 25 notice with proposal for new lease
      • Item icon Landlord's notice ending a business tenancy with proposals for a new one - s25 LTA 1954
    • Folder icon Renewal opposed
      • Item icon Letter to tenant with section 25 notice opposing new lease
      • Item icon Section 25 notice by Landlord ending a business tenancy (opposing with reasons for refusing)
      • Item icon Letter to tenant with section 26 notice opposing application for new lease
      • Item icon Counter-notice to tenant by landlord to section 26 request for a new tenancy
      • Item icon Notice to tenant opposing application for grant of new tenancy
    • Folder icon Contracting out of renewal rights
      • Item icon Contracting out
        Leases dated before 1 June 2004 Parties to a lease dated before 1 June 2004 cannot contract out of the Act: s 38(1).

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      • Item icon Letter to tenant with notice and declaration about renewal rights
      • Item icon Letter to tenant’s solicitor with notice and declaration about renewal rights
      • Item icon Notice that sections 24-28 of the LTA 54 are not to apply to a business tenancy
      • Item icon Declaration that sections 24 to 28 of the LTA 54 are not to apply to a business tenancy
      • Item icon Continuing business tenancies
        Section 24 of the Landlord and Tenant Act 1954 continues the business tenancy on the same terms until it is terminated. However, either party can apply to the County Court to exercise its discretionary power and determine an interim rent: ss 24A-D.

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      • Item icon Claim form (CPR Part 8)
  • Folder icon F. Lease variation
    • Item icon Lease variation
      During the lease term, the landlord and a tenant may, through negotiation, agree to vary the terms on which their contractual relationship continues by varying:

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    • Item icon Deed of variation of commercial lease
    • Item icon Letter to tenant - Concessional rent arrangements
  • Folder icon G. Selling the lease
    • Item icon Assignment
      The tenant will want to assign the lease if its business has failed, or the premises are no longer adequate for the tenant’s purposes. To protect the value of its reversionary interest, the landlord will want to ensure the incoming tenant can pay the rent and outgoings and comply with the tenant’s ...

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    • Item icon Letter to landlord's solicitor seeking licence to assign
    • Item icon Letter to assignee's solicitor enclosing copy of assignment
    • Item icon Letter to client enclosing assignment documents for execution
    • Item icon Letter to assignor's solicitor enclosing assignment
    • Item icon Licence to assign
    • Item icon Authorised guarantee agreement
    • Item icon Deed of assignment of commercial lease no landlord's consent
    • Item icon Deed of assignment of lease
    • Item icon Transfer of whole of registered title(s)
    • Item icon Transfer of part of registered title(s)
    • Item icon Letter to assignor's solicitor enclosing completed assignment
    • Item icon Letter to assignee's solicitor enclosing completed assignment
    • Item icon Letter to client enclosing completed assignment
    • Item icon Letter to landlord's practitioner from assignee's practitioner enclosing notice of assignment and registration fee
    • Item icon Notice of assignment transfer mortgage sub-lease
  • Folder icon H. Breach of covenant
    • Item icon Landlord’s remedies
      Before commencing any action, the landlord establishes:

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    • Item icon Letter to tenant enclosing notice
    • Folder icon Library of notices
      • Item icon Landlord’s request for information about occupation and sub-tenancies
      • Item icon Tenant’s request for information from landlord or landlord’s mortgagee about landlord’s interest
      • Item icon Landlord’s withdrawal of notice terminating tenancy
      • Item icon Notice of intention to enter into long term agreement
      • Item icon Notice that agreement to surrender a business tenancy is to be made
      • Item icon Notice to remedy breach of lease
      • Item icon Notice to remedy breach of lease before landlord enters
      • Item icon Schedule of dilapidations
      • Item icon Notice of termination and to quit
      • Item icon Notice to quit by landlord
      • Item icon Notice of exercise of option within lease
    • Item icon Letter instructing a certified enforcement agent to seize goods under the CRAR procedure
    • Item icon Notice of intention to seize goods - s 72 of the Tribunals, Courts and Enforcement Act 2007 - Commercial rent arrears
  • Folder icon I. Termination
    • Item icon Application to change the register
    • Item icon Statement of truth
    • Item icon Statutory declaration
    • Item icon Application to cancel a notice (other than a unilateral notice)
    • Item icon Application to enter an agreed notice
    • Item icon Application to enter a unilateral notice
    • Item icon Application for the cancellation of a unilateral notice by a person who is (or is entitled to be) the registered proprietor
    • Folder icon Forfeiture
      • Item icon Forfeiture
        Where the tenant’s debt is a prescribed debt under s 2 of the Commercial Rent (Coronavirus) Act 2022, the landlord cannot enforce a right of re-entry for non-payment of the debt during the moratorium period: paragraph 5 of Schedule 2. The law of forfeiture is complex.

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      • Item icon Letter to tenant serving notice before forfeiture under s146 Law of Property Act 1925
      • Item icon Notice before forfeiture under section 146 Law of Property Act 1925
      • Item icon Letter to client confirming that notice before forfeiture under s146 Law of Property Act 1925 has been served
      • Item icon Notice of forfeiture
      • Item icon Letter to court filing claim
      • Item icon Claim form for possession of property
      • Item icon Certificate of service
      • Item icon Witness statement - Civil matters
      • Item icon Letter to defendant tenant enclosing copy of forfeiture order
      • Item icon Claim form for relief against forfeiture
    • Item icon Break clause exercised
      A commercial lease may contain an option allowing either party to terminate the lease before the fixed term expires by serving a break notice. As the break notice is a legal document, the serving party checks before service that:

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    • Item icon Notice of exercise of option within lease
    • Folder icon Surrender
      • Item icon Surrender
        Surrender occurs when a tenant gives up the lease to its landlord. Surrender can happen in two ways:

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      • Item icon Notice that agreement to surrender a business tenancy is to be made
      • Item icon Letter to tenant's solicitor submitting surrender
      • Item icon Letter to client enclosing surrender of lease for execution
      • Item icon Deed of surrender of lease
      • Item icon Letter to client with surrender of lease matter completed
      • Item icon Letter to HM Land Registry - Application to register deed of surrender of lease
    • Item icon Merger
      Merger occurs when a leasehold estate and the reversionary estate come into the same ownership and are held in the same capacity. The reversionary estate can absorb the lease, but there must be a clear intention to merge both estates by the tenant by:

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    • Item icon Expiry by effluxion of time
      A fixed-term lease will automatically end on expiry of the lease term. Between the parties, no formal steps of termination are required.

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    • Folder icon Notice to quit
      • Item icon Notice to quit
        Due to COVID-19, the Land Registry will not accept applications for termination of a commercial lease based on a right of re-entry or forfeiture for non-payment of rent until 25 March 2022. However, the following applies when COVID-19 restrictions are not in place.

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      • Item icon Notice of termination and to quit
      • Item icon Notice to quit by landlord
    • Item icon Frustration
      A lease is a contract and is subject to the doctrine of frustration like any other contract. In National Carriers Ltd v Panalpina (Northern) Ltd [1980] UKHL 8, the tenant claimed frustration as access to the premises was closed by the local authority for safety reasons due to a nearby derelict ...

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    • Folder icon Disclaimer
      • Item icon Disclaimer
        The official receiver, being the collective title for a trustee in bankruptcy of an individual or a liquidator of an insolvent company, can disclaim a lease on giving the prescribed notice: ss 315-321 of the Insolvency Act 1986 for individuals and ss 178-182 for companies. The lease must ...

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      • Item icon Notice of disclaimer under Section 178 of the Insolvency Act 1986
    • Folder icon Termination under the Landlord and Tenant Act 1954
      • Item icon Termination under the Landlord and Tenant Act 1954
        The term Act refers to the Landlord and Tenant Act 1954. The majority of court procedures under the Act are carried out in the County Court and rarely in the High Court.

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      • Item icon Letter to tenant with section 25 notice opposing new lease
      • Item icon Section 25 notice by Landlord ending a business tenancy (opposing with reasons for refusing)
      • Item icon Letter to tenant with section 26 notice opposing application for new lease
      • Item icon Counter-notice to tenant by landlord to section 26 request for a new tenancy
      • Item icon Notice to tenant opposing application for grant of new tenancy
      • Item icon County Court procedure
        This guide briefly summarises the court procedure for Part 8 and Part 7 claims of the Civil Procedure Rules 1998. Applications under the Act are dealt with in the County Court and rarely in the High Court.

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      • Item icon Claim form (CPR Part 8)
      • Item icon Letter to court extending statutory time limit - Landlord and Tenant Act 1954
      • Item icon Claim form (CPR Part 7)
  • Folder icon J. Completion
    • Item icon Completion
      Costs and stamp duty land tax

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    • Item icon Costs and stamp duty land tax
      Costs generally It is standard practice at the beginning of a commercial lease transaction that the tenant confirms that it will pay the landlord’s legal and, where applicable, surveyor’s costs.

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    • Item icon Consent of lender to lease
      If the landlord's title is subject to a mortgage the lender’s prior consent will usually be required before granting the lease. As the lender’s interest in the premises will take priority over any subsequent interest in the legal estate, failure to obtain consent may result in the tenant losing ...

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    • Item icon Original lease
      Written leases are engrossed in duplicate. The lease signed by the landlord is delivered to the tenant on completion and will be registered at the Land Registry as may be required. The counterpart signed by the tenant is delivered to the landlord on completion.

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    • Item icon Registration
      Leases for terms that exceed seven years have to be registered at HM Land Registry to protect the tenant's interest. As stipulated in s 27 of the Land Registration Act 2002, the lease does not pass a registered estate until the relevant registration requirements are met.

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    • Item icon Application to change the register
    • Item icon Restriction - consent or certificate
  • Folder icon K. Finalising the matter
    • Item icon Letter to client finalising matter with copy of registered lease
    • Item icon Example invoice
    • Item icon Invoice recital - Commercial leases - Acting for the landlord
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Comments and suggestions for By Lawyers

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