Landlord & Tenant

We have an expert team of landlord and tenant solicitors to help before, during and after a commercial tenancy is in place. Practical legal advice we can provide includes:

• renting a commercial property – review the precise terms of the letting so that you understand your obligations in advance, advice on service charges, help with negotiations with a potential landlord.
• matters during a tenancy – should you have issues with a property, or your circumstances change we can negotiate on your behalf, advise on landlord obligations, requests for alternation or to sublet, lease extensions or restructure, negotiation at rent reviews
• ending a tenancy – we can let you know what your exit options and liabilities are, assist in dilapidation disputes, help with negotiations with your landlord

If an issue arises between a commercial landlord and tenant, we aim to resolve disputes amicably, without the need for court action, wherever possible and our solicitors are highly experienced in Alternative Dispute Resolution (ADR), including through negotiation and mediation. Where problems cannot be avoided, we have the experience and expertise to put together the strongest possible case and are fully prepared to effectively and robustly represent your interests in court to achieve a fair outcome.

Recent landlord and tenant transactions include:

• Advised a Marlow based investment landlord on the surrender of his existing tenants lease and the grant of a simultaneous new lease to a major high street chain. The client said “Frances, thank you for all your tenacity and expertise”
• Advised Badnell Properties on the grant of a new lease of two of its industrial units in Pioneer Road, Faringdon, equating to approx. 6000 sq ft, to a new tenant who is a national retailer of tools and building materials. Badnell Properties has a large portfolio of property in the Thames Valley and has been around for three generations. Dominic Grant and Matthew Grant, Directors of Badnell Properties said, “We have known some of the team at THP Solicitors for many years, so knew the deal would be completely smooth.”
• Advised on the 4th lease at Wooburn Green Industrial Park, High Wycombe for Simon Elvin the greeting cards and allied products manufacturer and distributor, alongside Kempton Carr Croft. Frances Watts and her team also advised on the sale of a substantial industrial unit, as well as completing 4 leases of between 5,579 sq ft and 11,270 sq ft over a period of 10 months. Founder Simon Elvin said, “We couldn’t have asked for more than Frances and her team provided us over these transactions. Frances took the trouble to come out and visit the site to familiarise herself with the various units, and subsequently presented everything in very clear, easy-to-understand English. Frances was incredibly quick and efficient at dealing with any of our questions and would not hesitate to telephone if that were a simpler way to understand a particularly complicated point. I would, without hesitation, recommend Frances and THP Solicitors to anyone wishing to carry out commercial property transactions. Apart from being quick and efficient, Frances was a delightful person who was always pleasant and easy to deal with.”
• Advised on and completed a lease from large London Estate in 1 week following substantive damage to a clients existing premises following a catastrophic flood. Term of 10 days with passing rent of £182,500. Also dealt with negotiation of surrender of existing lease to allow new lease to be entered into.
• Advised a business that was expanding by taking space within a major supermarket complex. Assisted the client in liaising with landlord over an agreement for lease, tenant works and lease completion.

The Landlord and Tenant Act 1954 is a crucial piece of legislation that affects business leases and is often referred to as security of tenure.

As a tenant, if you have the benefit of the Landlord and Tenant Act 1954, you may be entitled to a new lease at the end of your lease term, regardless of whether your landlord wishes to grant you a new lease. This can offer tenants confidence to to invest into a building and to grow their business knowing there is a level of security to them remaining in the premises. If the terms of a new lease cannot be agreed on between the parties our colleagues, in our Dispute Resolution team can assist on all matters relating to this.

There are, however, circumstances when a landlord can still achieve vacant possession at the end of the term, which could include when a landlord plans to either redevelop or reoccupy the property themselves. If these circumstances arise, compensation may be payable to a tenant.

This is a complex area of law, and we can assist with advising both landlords and tenants on the options available to them and the contracting-out process if the parties agree to enter into a lease without the protection of the Landlord and Tenant Act 1954.