Commercial Landlord and Tenant

 
 

Oakfield Solicitors acts for a wide range of commercial landlords and tenants securing the best interests of its clients in their business dealings. Oakfield Solicitors has first-rate relationships with its clients and will advise them on the best use of this field of law, bringing practical common sense advice in all situations.

Commercial business leases are for the purposes of security of tenure governed by the Landlord and Tenant Act 1954 (“the Act”) and the tenant occupying the premises must be occupying for the purpose of a business use. Part II of the Act normally gives business tenants the right to renew the tenancy of their business premises when it comes to an end. The Act governs renewal and termination procedures and, where the parties cannot agree, provides courts with powers to order the renewal or termination of the tenancy. Security of tenure provides a certain amount of protection to the tenant to prevent him/her being evicted at the end of the fixed term of the lease in question. In the case of a renewal, the court will decide the terms of the new tenancy if the parties themselves cannot agree. There are exclusions such as tenants-at-will or contracting out tenancies.  The Landlord, in order for him/her to get back possession of his property, must serve notice under the Act specifying one or more grounds as to why the landlord opposes the renewal of the Lease. These can be anything from the tenant’s poor history in complying the terms of covenants under his/her Lease, to the Landlord showing as a firm and fixed intention to redevelop the property or if he/she has owned the property for more than five years and then he/she wishes to use it for his/her own business use and occupation. 

If the Lease is a protected tenancy then the tenant will be entitled to a sum equal to the rateable value of the premises or if the tenant and tenant’s predecessors in title have been in occupation for more than fourteen years then he/she will be entitled to twice the rateable value. No such compensation will be payable under this heading if the Lease was excluded from Part II of the Act.  

Our Landlord and Tenant service includes but is not limited to;

  • Drafting, negotiating and finalising new business/commercial leases
  • Dealing with renewing and ending business leases  
  • Dealing with licence to assign issues on behalf of the Landlords
  • Dealing with the tenants’ rights to end a business tenancy
  • Dealing with the early termination of a business lease
  • Dealing with the landlord’s right to refuse to grant a new tenancy
  • Dealing with rent review issues
  • Dealing with further business tenancy information and advice

Our service standards:

We aim to provide you with the highest standards of service at all times. We will:

  • keep you regularly informed in writing of progress with your matter;
  • communicate with you in plain language;
  • explain to you in writing the legal work which is required as your matter progresses;
  • keep you informed of the cost of your matter regularly;
  • keep you advised of the likely timescales for each stage of the matter and any material changes in those estimates.

Responsibilities:

To achieve the best possible outcome in your case, we need to work together with you. We will:

  • review your matter regularly;
  • advise you on the law;
  • follow your instructions;
  • update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances.

You need to:

  • provide us with clear and timely instructions;
  • provide us promptly with the information and documents required to complete the transaction.

 

We are committed to high quality legal advice and client care.


To arrange a discussion with our Commercial Conveyancing  Department, please get in touch with us on 0208 808 1478 or info@oakfieldsolicitors.com