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By accepting rent without a written lease, after a year, a tenant will be entitled to security of tenure and compensation if the landlord recovers possession.
Commercial tenants may have the protection of the Landlord and Tenant Act 1954. The Act grants Security of Tenure to tenants who occupy premises for business purposes. The tenancy will continue after the contractual termination date until it is ended in one of the ways specified by the Act.
Leasing is done for a fixed period mostly for the medium to long term. On the other hand, renting is done for a short period, emphasizing every month. In leasing contracts, the terms and conditions are predetermined, and the contracts are made by taking mutual acceptance.
How long is a typical commercial lease? Commercial leases are typically three to five years. That guarantees enough rental income for the landlords to recoup their investment.
Triple Net Lease Arguably the favorite among commercial landlords, the triple net lease, or NNN lease makes the tenant responsible for the majority of costs, including the base rent, property taxes, insurance, utilities and maintenance.
This lease structure makes the tenant responsible for the majority of costs. Specifically, the tenant pays the base rent, property but also taxes, insurance, utilities, and maintenance. This even includes standard property repairs associated with the commercial space being occupied.
A Triple Net Lease (NNN Lease) is the most common type of lease in commercial buildings. In a NNN lease, the rent does not include operating expenses. Operating expenses include utilities, maintenance, property taxes, insurance and property management.
For Business Sellers: Be aware that you shall need to approach the Landlord for consent before you can lawfully sell your Leasehold business.
Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they have an informal agreement to stay on.
It is not generally advisable to lease a commercial property without a written agreement. Issues typically arise when the landlord is looking to sell or take possession of the property and evict the tenant.