Commercial lease question

C

CARRIE.B

Registered User
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Hi,
I have found a property to start my business in and am getting a survey done of the building as is old. I have met the landlord and we have agreed a term and a rent. Just wondering next step is to get a lease contract written up by a solicitor. Is this something that the landlord gets their solicitor to do or do I get my solicitor to write up?
 
The landlord should produce a lease for you to sign. You should ask to have it drawn up in advance and sent to you ,. or to your solicitor.

It should be checked carefully.

From a post on here, and from my own experience, you should check the actual lease very carefully before signing. You should be familiar with the draft, and make notes as to where the important info is, (rent, lease length, other important stuff),.. and confirm that this is correct, in the actual lease, BEFORE signing. You should compare each page of the draft, with each page of the actual lease.,.. taking as long as is necessary to compare correctly. Don't be rushed. I have seen attempts at fast ones here... eg. the lease length being changed...

Both copies of the lease should obviously be identical. i.e yours and his.

If you are dealing with an agent,.. and not the person named on the lease as the landlord then really you need a separate document stating that the agent has the authority to sign on behalf of the named landlord.

In my view the lease should have page numbers, and a contents sheet detailing the number of pages,.. this prevents extra pages being claimed later as having always been part of the lease. In the absence of page numbers and content sheets then each page should be signed. (in my opinion)
 
On an old building you really need to avoid "full repair and maintenance" leases. Especially the roof. You need a solicitor who has experience of leases, to review the lease after getting a proper survey from someone who has profesional indemnity insurance so that you can sue them if they missed something significant. Beware of caveats in the surveyors report( e.g. "this report is issued without inspection of pillar supports".).

It's a buyers market at the moment so be careful of old buildings.
 
thanks for the helpful replies, good advice.will get a solicitor to look over it for also. getting building survey done but a builder had a look at if for me yesterday as well and there is a little daylight visible through the roof when looking up through the attic, just at one spot, also all gun barrell used in the pipes. The boiler and oil tank look a bit beat. Will try get these bits sorted before lease signed if possible, maybe with the gun barrell pipes best to have included in the lease that if any trouble with them, landlords responsibility
 
First priority: talk to a solicitor.

Why? To explain the differences, and pros and cons of long term versus short term leases.

In a long lease, the tenant is usually responsible for all repairs which is why people get a Schedule of Delapidations done before signing up. For a short lease, repairs will lie with landlord.

In today's climate, you should be able to have all necessary works done by landlord in advance.

mf
 
Will chat to a solicitor about leasing this particular building.
Since my last reply, the landlord of the building has agreed to do all repairs in the building, but is keen that I commit to taking on the lease before they go ahead with the repairs. How would this work? Would I sign a contract saying that once the repairs are done, I will lease the premises and then once these repairs are completed sign a second contract ( or lease)?
 
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