Managing Commercial Lettings
Often circumstances change during the term of a Lease, requiring the Landlord and Tenant to enter into additional documentation to reflect the new arrangements.
These Managing Commercial Lettings documents cover Health & Safety, the variation and waiver of Lease provisions and access to the Tenant’s premises where required for inspection, marketing or repairs. Business Lease extension agreements can also be found here.
- Side Letter Waiving a Provision of the Lease
- Deed of Variation of Lease
- Letter from Landlord Making Regulations
- Commercial Landlord Health and Safety Policy
- Letter to Commercial Tenant: Access for Repair Work
- Letter to Commercial Tenant: Access for Inspection of Premises
- Letter to Commercial Tenant: Access for Sales or Letting Appraisal
- Letter to Commercial Tenant: Access for Viewings
- Business Lease Extension Agreement
- Business Lease Extension Agreement (Longer Term)
- Non-Domestic MEES Flowchart – Requirements by 1 April 2023
- Non-Domestic MEES Checklist
- Letter to business tenant requesting access for energy assessment
- Letter to Head Landlord for consent to carry out energy improvement works and request to notify insurer of works
- Letter to Head Landlord to request notification to insurer of works (Consent to works not required)
- Letter to lender for consent to carry out energy improvement works
- Letter to business tenant requesting access to carry out energy improvement works
- Letter to tenant with copy of updated EPC and claim for costs, if appropriate
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Frequently Asked Questions
Something needs changing mid-lease. How do I vary a commercial lease?
Record it in a deed of variation. A variation changes agreed lease terms, for example rent, extent or use, and should be by deed to be certain and binding. Take care, because some variations can unintentionally surrender and re-grant the lease. This sub-folder has variation and waiver documents for managing changes during the term.
Do I have a right to enter my tenant's premises to inspect or do repairs?
Only if the lease gives you that right, or in limited statutory situations. Most commercial leases reserve rights of entry for inspection, repairs and marketing on notice. Entering without a right can be trespass, so rely on the lease and give proper notice. This sub-folder has documents for gaining access for inspection, marketing or repairs.
As a commercial landlord, what are my health and safety responsibilities for the building?
You keep duties for the parts you control, such as common areas, plant and shared systems. Depending on the building that can include fire safety, asbestos management, gas and electrical safety and legionella control. Allocate responsibilities clearly with the tenant. This sub-folder has health and safety documents to help you manage these obligations.
My tenant wants to stay on after the lease ends. Can I just extend it?
You can agree a business lease extension, but how you do it matters. If the tenancy is protected by the Landlord and Tenant Act 1954 the tenant may already have a right to renew, and a reversionary lease or a formal renewal keeps things clean. Avoid an informal holding over that creates uncertainty. This sub-folder has business lease extension agreements.
If I overlook a breach once, do I lose the right to enforce it later?
You can, through waiver. If you knowingly treat the lease as continuing, for example by demanding or accepting rent after a breach, you may waive the right to forfeit for that breach. Deal with breaches promptly and use a waiver or reservation of rights document where needed. This sub-folder includes waiver documents to manage this risk.