Taking the help of commercial property conveyancing solicitors when entering into a commercial lease is not mandatory. But it is highly recommended to involve them in the process to avoid onerous conditions in the future. This is not only for landlords but tenants or buyers should also take the help of a conveyancer.

Because commercial property law is complicated and the stakes are generally high, having a solicitor examine your lease guarantees that you are appropriately protected from onerous terms and restrictive leases.

Your lawyer will be able to evaluate your lease and identify any difficulties early on, as well as provide you advice on how to fix them before you sign it. You may not be able to find issues that a solicitor knows and this is why it is beneficial to have a conveyancing solicitor on your side.

Major Onerous Covenants For Which You Need The Help Of A Commercial Solicitor
All terms and conditions on the part of a tenant under a lease impose obligations on a tenant that must be followed. Some covenants are highly important than others for instance:
Repair obligations

A repair obligation imposes a covenant on tenants to keep the rental property in proper repair and condition. Well, it does not mean that you need to keep the property in the same or better condition as when the tenant entered into the lease. Your conveyancing attorney will try to minimize this obligation and negotiate on terms, so you won't have to put the premises in any better condition than they were at the beginning of the term. They will also suggest to you on your obligations when the lease terminates in respect of any dilapidation that accrues in between the term of the lease.

Alterations’ permission
On your behalf, your solicitors will discuss non-structural changes or the ability to install and remove non-structural partitions without taking the consent of the landlord. It is often burdensome for a tenant to request consent to such small changes and it is prudent to eliminate this requirement.
Installation of Signage
It is of utmost importance that, as a tenant, you can install your own signage on the premises. In various cases, landlords used to first approve the signage and then allow it. However, where the signage is in the tenant's corporate colour or in its corporate logo, why should the landlord have the right to refuse consent? Therefore, we will endeavour to ensure that you have the right to put up signage in your corporate colours on the premises without consent.

Service charges
If you are leasing a portion of a building, the owner will try to recoup the cost of repairs of the building and its structure, as well as any common products or services, from you through a service charge. Your solicitor will make every effort to keep the service charge reasonable and to exclude products that are out of reach.

Permission for assignment or underletting
Businesses do not always run on the same track, you’ll see ups and downs every now and then. You may choose to assign or sublet the lease of the premises to a third party when your firm is doing well or not doing so well. In such instances, your lease must include the necessary clauses to allow you to do so without too much ‘red tape,’ which attorneys will negotiate on your behalf.

Presence of break clause
From the perspective of the tenant, it is critical that a break clause be included in the lease, allowing you to terminate the lease at any time with a few months' notice or on a certain day throughout the lease period, provided that the notice is supplied. You don't want the break clause to be overly burdensome, therefore we'll make sure that any restrictions for exercising it in the lease are agreeable to you.
Security of tenure
At the end of the contractual period, a tenant who has occupied the premises for business purposes has a statutory right to a new lease. However, there are a few exceptions to this rule, such as when the landlord wants the property back for development or when the tenant has decided to forego the security of tenure.

If the Tenant has agreed to waive the right to security of tenure, he will be unable to remain in the premises after the lease expires. As a result, it is critical to retain the services of a solicitor who will be able to advise you on the ramifications.

Endnote

If you are searching for ‘commercial conveyancing near me’ you should visit White Horse Law at least once. We have a team of professional property solicitors having years of working experience and are always ready to help people. Therefore, if you’re thinking of giving or taking a commercial property on lease, you should first connect with solicitors.