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Industrial Premises Short Leases for Five Years or Less

Most industrial premises (such as factories, workshops, laboratories and warehouses) are occupied under a Lease. A Lease gives the Tenant exclusive use of the premises for a specified term, subject to the Tenant paying the rent and complying with the provisions of the Lease. 

This subfolder of Leases for Five Years or Less contains a selection of templates for short (less than 5 year) lettings of industrial premises. There are Leases of part (with service charge), Leases of whole and an Underlease. All of the Leases contain detailed provisions as to what a tenant must and must not do during the term. These provisions aim to protect the value of the Landlord’s reversionary interest in the premises.

Some of the Leases are “Code Compliant”, meaning their provisions comply with the Code for Leasing Business Premises in England and Wales 2007. The Code aims to promote efficiency and fairness in Landlord and Tenant relationships.

A comparison matrix is available to help you decide which Lease is most suitable for your purpose.

Industrial Premises Short Leases for Five Years or Less is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.

Frequently Asked Questions

Does a short industrial lease still let the tenant claim a new lease at the end? +
Yes, unless you contract out. Any business lease within Part II of the Landlord and Tenant Act 1954 carries security of tenure however short, so a three or five year industrial lease still lets the tenant apply for a new lease when it ends. To prevent this you must contract out before the lease: a warning notice, then the tenant's declaration. Security is removed automatically only where the term is six months or less with no renewal right and no long prior occupation.
What is an underlease and when would I grant one for industrial space? +
An underlease is a lease you grant out of a lease you already hold, so you become the immediate landlord of the undertenant while remaining a tenant of your own landlord. A tenant with spare industrial space uses one to sublet part or all of a unit. The underlease term must end before your own lease and its terms should sit within your lease covenants. Most leases require the landlord's consent to underlet, so check before granting one.
Do I need to register a five year industrial lease at the Land Registry? +
Not the lease itself. Only a lease granted for more than seven years must be registered at HM Land Registry, so a five year industrial lease needs no title of its own. The exception is easements: if the lease grants rights such as access, loading or use of a shared yard over the landlord's other land, those can be registrable even on a short lease. Keep the executed originals safe for any later rent review, assignment or underletting.
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