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A written lease agreement must contain:The names and addresses of both parties;The description of the property;The rental amount and reasonable escalation;The frequency of rental payments, i.e. monthly;The amount of the deposit;The lease period;The notice period for termination of contract;More items...
The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant. To do this, you will need to find a potential new tenant yourself.
You may have cause to wonder who is responsible for paying for the contract to be drawn up. Surprisingly there is no standardised procedure when it comes to leasing commercial space. However, it is usually the tenant who covers the cost regarding the lease document and requests the terms.
A Section 25 notice is named after the section in the Landlord and Tenant Act 1954 which includes the information that a Landlord needs to provide to the Tenant in order to end the business tenancy. Security of Tenure gives the Tenant the right to be offered a new tenancy at the end of the term.
Your landlord is responsible for any aspects of health and safety written in the lease (eg in communal areas). You must take reasonable steps to make sure your landlord fulfils these responsibilities. If you get into a dispute with your landlord, you need to keep paying rent - otherwise you may be evicted.
Commercial leases are legally binding contracts between landlords and commercial tenants. They give tenants the right to use the premises in a particular way for a set period for an agreed rent. Your lease will establish your rights and responsibilities as a tenant, as well as those of your landlord.
Normally commercial landlords are responsible for any structural repairs such as foundations, flooring, roof and exterior walls, and tenants are responsible for non-structural repairs such as air conditioning or plumbing.
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
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.