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Free Commercial Letting/Business Lease

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Commercial Letting/Business Lease

QGLeaseType


Office
Building
Retail
Restaurant
Industrial
Warehouse
Other


Contract Length

Standard
Comprehensive



Property Location

Where is the property located?
England

EnglandBuilt for England
Different countries have different rules and regulations. Your Commercial Letting/Business Lease will be customised for England.


e.g. Street, City, England, Postcode



Frequently Asked Questions
Is this lease suitable for all commercial purposes in England?This commercial lease may not be suitable for charities (as tenant or landlord), agricultural leases or a lease granted under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993. In those cases, you should consult with a local solicitor.

Property Description


If the lease is for a term of 7 years or more, provide a full description of the property being leased (i.e. as detailed as possible) for Land Registry purposes.

Where mines and minerals, timber and trees, stream beds, roads or other physical features are specifically excluded, you should state this in the legal description.

Your lease may be deemed defective or your application may be rejected without a complete description.


Permitted Use

e.g. retail shop, office, storage, restaurant, beauty salon, café, etc.


Competitor Leases



Other Uses



Parking

do not include in the lease
yes
no


Pets

do not include in the lease
yes
landlord's consent
no



Lease Term

fixed term
monthly
yearly

What is the lease term?



Frequently Asked Questions
Retail leases in most states/territories of Australia must be at least 5 years long. If you're unsure how long your lease should be, you can check the applicable legislation of your state or territory. or consult local authorities.

Early Possession



Break Clause



Security of Tenure



Frequently Asked Questions
What is security of tenure?Security of tenure refers to the tenant's right to remain in the property.

The Landlord and Tenant Act 1954 provides that commercial tenants may have security of tenure, or a right to apply for a new tenancy when their lease comes to an end. However, under the same law, parties can also "contract out" of the Act and agree that the tenant will have no security of tenure.

If the parties do not contract out of the Landlord and Tenant Act 1954, special notices (Section 25 Notice or Section 26 Notice) will have to be served by the landlord and/or tenant in order to extend the lease or to oppose the extension.

Assignment

with landlord's consent
no

Note: Unless the particular circumstances of the letting justify greater control, the only restriction on assignment of the whole property should be obtaining the landlord's consent which is not to be unreasonably withheld.


Frequently Asked Questions
What does it mean to assign or sublease?If a tenant assigns the lease with the landlord's consent, all of the tenant's rights are transferred to a third party for the remainder of the lease term.

In contrast, the tenant can sublet their right to use all, or part, of the property to a third party, for all or only a portion of the remaining time in the lease. The original tenant would still retain some rights under the lease.

Type of Rent

gross rent
gross rent plus specified costs
gross rent plus all costs

iconThe tenant will pay a fixed base rent. Additional costs are paid by the landlord.

Rent Details

weekly
biweekly
monthly
yearly

How much is the monthly rent?
£
e.g. 2,000


Rent Payment

first day
fifteenth day
other



Rent Increase



Late Payments




Prepaid Rent



Frequently Asked Questions
What is prepaid rent?Prepaid rent is a payment (or payments) made to the landlord at the outset of the lease that the landlord holds as security for the applicable rent payments.

Prepaid rent is different from a security deposit, which is a payment the landlord holds as security for damages other than rent.

In the next step, you can indicate if the tenant is required to pay a security deposit.

Deposit Details



Frequently Asked Questions
According to the applicable legislation of your state or territory., the maximum amount allowed for a security deposit in a retail lease in England is information that would should check with a local authority.

Utilities and Other Expenses

Who is responsible for paying the following utilities and service charges?


Tenant Pays Direct

Tenant Pays Landlord

Landlord Pays

Do Not Specify

Electricity





Gas





Water





Sewer





Telephone





Internet





Cable TV





Other Expenses







Frequently Asked Questions
How should the different costs be listed?Utilities do not refer to taxes, insurance, maintenance, or other service charges.

All service charges are typically covered by the landlord when the rent is a fixed base rent without any additional costs. If you want to specifically name any service charges in your contract, you will need to add them as other expenses on this page.

Utilities, on the other hand, can be assigned to the landlord or the tenant regardless of the type of lease. You can assign the utilities as you see fit on this page.

Insurance will be specified at a later step.
What is "Tenant Pays Direct" for utilities?The tenant is billed directly and pays this expense directly to the provider of that utility. This expense would be in addition to any amounts paid to the landlord for rent.What is "Tenant Pays Landlord" for utilities?The tenant pays their share to the landlord who then pays the amount to the supplier of that utility. If the tenant doesn't have a separate meter, they just pay their proportionate share of the total cost. This expense would be in addition to any amounts paid to the landlord for rent.What is "Landlord Pays" for utilities?The landlord pays any utility charges to the supplier of the utility and the tenant is not directly responsible for this expense.

Insurance

Who is responsible for obtaining and paying for the following insurance?


Tenant
Pays

Landlord Pays

Both

Landlord's Contents




Leased Property




Occupiers' Liability







Landlord Details

Who is the landlord?

Landlord

Individual
Corporation

e.g. ABC Corporation

e.g. Street, City, Country, Postcode





Frequently Asked Questions
How should I write the company number?For Scottish companies, use a SC prefix, and for limited liability partnerships, use an OC prefix. For foreign companies, give the territory in which incorporated.

Tenant Details

Who is the tenant?

Tenant

Individual
Corporation/Company

e.g. ABC Corporation

e.g. ABC Business Advisors

e.g. Street, City, Country, Postcode





Frequently Asked Questions
What is a trading name?The trading name is the name the tenant’s business uses in its advertising. The tenant will not be allowed to carry on business under any other name.How should I write the company number?For Scottish companies, use a SC prefix, and for limited liability partnerships, use an OC prefix. For foreign companies, give the territory in which incorporated.

Guarantor



Frequently Asked Questions
Who is a guarantor?A guarantor is a person who agrees to pay the landlord directly for any losses should the tenant fail to pay rent or otherwise breach the lease agreement.

A guarantor cannot be one of the tenants.

Landlord Improvements

Landlord gives consent
Specify in a list
Do not include in the lease


Tenant Improvements

Do not include in the lease
Landlord gives consent
Specify in a list


Landlord's Movable Property

Do not include in the lease
Yes
No


Signing Concessions



Miscellaneous

do not include in the lease
yes
no

do not include in the lease
tenant pays
losing party pays


Frequently Asked Questions
Is an inspection report necessary?A Rental Inspection Report is highly recommended in order to protect yourself and your property. Without one, it is difficult to prove damages were done by a tenant.

LawDepot offers a Rental Inspection Report that can be completed after you finish your lease agreement.

Required Notice Before Eviction

How many days' written notice is the landlord required to give before evicting the tenant?How many days' notice are required?While parties of commercial leases are generally allowed to negotiate most of the terms of the contract, including notice periods, it is advisable to consult your local laws to ensure that any minimum notice requirements are met.

For failure to pay rent when due:

days' written notice


For any other lease violations:

days' written notice

Additional Clauses



Frequently Asked Questions
When should I include an additional clause?You should include an additional clause if there are any terms or issues unique to your situation that have not been addressed in the questionnaire.In order to reduce confusion, write your clauses with plain language and limit them to one paragraph in length.

Also, use any predefined terms such as Tenant, Premises, Landlord, etc. in your clauses.

Signing Details

unsure
specify date


Who is signing for the landlord?

e.g. John Walter Adams



Who is signing for the tenant?

e.g. Rebecca Andersen






Your Commercial Letting/Business Lease

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Commercial Letting/Business Lease Page of
Page of

BUSINESS LEASE

THIS LEASE (this "Lease") dated this ________ day of ________________, ________

BETWEEN:

______________________ of _________________________________
Telephone: ______________________  
(the "Landlord")

OF THE FIRST PART


- AND -

______________________ of _________________________________
Telephone: ______________________
(the "Tenant")

OF THE SECOND PART

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:

  1. Definitions
  2. When used in this Lease, the following expressions will have the meanings indicated:
    1. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;
    2. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at ______________________________, as from time to time altered, expanded or reduced by the Landlord in its sole discretion;
    3. "Insurance Charge" means the cost to the Landlord of effecting and maintaining the Insurance Policies from, and including, any premiums paid and, where relevant, the cost of assessing any insured amounts;
    4. "Insurance Policies" means the insurance policy or policies maintained by the Landlord in respect of the Premises covering damage by Insured Risks, loss of Rent, public liability and all other insurance relating to the Building as placed by the Landlord from time to time, acting prudently;
    5. "Insured Risks" means fire, lightning, earthquake, explosion, aircraft (other than hostile aircraft) and other aerial devices or articles dropped from such aerial devices, riot, civil commotion, malicious damage, storm or tempest, bursting or overflowing of water tanks apparatus or pipes, flood, impact by road vehicles, terrorism (to the extent that insurance against such risks may ordinarily be arranged with an insurer of good repute at reasonable commercial rates) and such other risks or insurance as may from time to time be reasonably required by the Landlord;
    6. "Common Areas and Facilities" mean:
      1. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be let to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below lettable premises and not included within lettable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and
      2. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities;
    7. "Lettable Area" means with respect to any rentable premises, the area expressed in square metres of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the centre line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements;
    8. "Open Market Rent" means the best rent which might reasonably be expected to be paid by a willing tenant to a willing landlord for a letting of the whole of the Premises in the open market with vacant possession and without a fine or premium for the residue of the Term remaining at the date of review;
    9. "Premises" means the office space at ______________________________;
    10. "Rent" means the total of Base Rent and Additional Rent.
  3. Intent of Lease
  4. It is the intent of this Lease and agreed to by the Parties to this Lease that rent for this Lease will be on a gross rent basis meaning the Tenant will pay the Base Rent and any Additional Rent and the Landlord will be responsible for all other service charges related to the Premises and the operation of the Building save as specifically provided in this Lease to the contrary.
  5. Let Premises
  6. The Landlord agrees to let to the Tenant the office space municipally described as ______________________________ (the "Premises").

    The Premises will be used for only the following permitted use (the "Permitted Use"):
    ____________________________________________________________________________________________________________________________________________________________________

    The remainder of this document will be available when you have purchased a licence.
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Commercial Tenancy Agreement Information

A Commercial Tenancy Agreement, also known as a Business Lease or a Commercial Lease, is used when the owner of a business property wishes to rent space to another business owner. Both parties may either be individuals or corporations.

This Commercial Tenancy Agreement encompasses properties such as office buildings, industrial space, restaurants, retail shops, and warehouses within England, Wales, Scotland, and Northern Ireland.

What is the difference between a long and short Commercial Tenancy Agreement?

The short version of your Commercial Lease will include basic information and clauses to protect both the landlord and the tenant in the agreement. It does not include any information that is not necessary and only includes standard clauses.

The long version of your Commercial Lease will include a number of extra clauses and terms that will make your agreement much more detailed. The long version also allows you to revise clauses after completion.

If you are creating a simple lease and don't require many details, the short version may work best for you.

If your landlord/tenant agreement is complicated and requires a number of additional clauses, the long version of the Commercial Lease is recommended.

What is included in my Commercial Tenancy Agreement?

A Commercial Lease will include information such as:

  • Personal information about both the landlord and tenant, such as contact information
  • Whether a guarantor will be required
  • Property-specific details, such as the size of the space being rented
  • Letting information, such as the price of rent, length of the agreement, and how the premises may be used
  • Whether the tenant will receive exclusive use of the property
  • If renovations or improvements will be allowed, and if they need to be approved

What are a landlord's responsibilities in a Commercial Tenancy Agreement?

In a Commercial Lease Agreement, the owner of the property will generally be responsible for:

  • Upkeep of the commercial building or property
  • Seasonal maintenance tasks, such as snow removal or landscaping
  • Ensuring that the building or property meets safety and health requirements
  • Collecting rent payments, and if applicable, utility payments
  • How the tenant will be allowed to use the property

A landlord will also be responsible for ensuring that rent payments are allocated to the lender if the property is mortgaged, as well as for providing insurance for the property itself.

What are a tenant's responsibilities?

In a Commercial Lease, the tenant of the business property is usually responsible for:

  • A portion of the total utilities cost, unless they are required to pay the provider directly
  • The cost of minor improvements, such as paint, office supplies, etc.
  • Rent for the space provided
  • Sometimes, tenants are responsible for taxes associated with the property

What are the lease terms for Commercial Letting Agreements?

There are three different types of lease terms in a Commercial Lease in order to accommodate different landlord/tenant situations and preferences, including:

Fixed End Date: A lease term that ends on a set date. For example, if a letting term lasts for a year and it began on May 1st, it will end the following year on the same date.

Fixed end date agreements may be for any number of weeks, months, or years. At the end of the term, you may renew your agreement, terminate it, or continue to let the property on a month-to-month basis.

Fixed Number of Weeks/Months/Years: A fixed number of weeks/months/years means that the property is being let for a certain amount of time. This could be any number of weeks, months, or years.

In this type of agreement, neither party is required to give notice at the end of the term. The lease simply terminates on its own. Once the term has ended, the landlord and tenant can renew the terms, continue on a month-to-month term, or part ways.

Periodic: A periodic tenancy continues until either the landlord or tenant terminates the lease by providing notice to the other party. These types of Commercial Tenancy Agreements are ongoing and are beneficial for long-term tenancy relationships.

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