Landlord /
Tenant

This is dependent on a number of factors including the term of the lease, the type of property and the rent/premium payable. We provide a no obligation telephone consultation in which we can provide you with an estimate of fees. In addition to legal fees you may also incur Land Registry fees, Agent’s fees (if you are selling), Stamp Duty Land Tax (in England) or Land Transaction Tax (in Wales).

Service charge is common in commercial leases, it obligated the tenant to pay an additional sum to the landlord to cover the running costs of the property. If the landlord is obligated to provide services (such as repair to the structure of the property or any lighting/heating of common parts) the costs in doing so are passed onto the tenant. If you are a tenant you should consider including provisions to protect the amount of service charge you will pay such as a cap on the maximum service charge payable.

Almost all commercial landlords will require a FRI lease which will include an obligation for the tenant to keep the property in ‘good repair and condition’. This includes putting the property in a better state of repair than when the tenant first takes the lease. Incorporating a schedule of condition within the lease and changing the repair obligation wording to include ‘good repair and condition provided the tenant is under no obligation to put the property in any better state of repair than evidenced by the schedule of condition’ will protect the tenant and is likely to save them money at the end of the lease.

The lease of commercial property is exempt from VAT unless the owner of the property has ‘elected to tax’ the property with HMRC. If the property has been elected to tax then VAT will be due on the rent. ‘New’ commercial property (less than three years old) will be liable to VAT.