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Landlord’s rights to enter commercial property during the term of a lease

Landlords’ Rights over Let Property

Landlord must reserve rights of entry, etc. 

When a landlord grants a lease, the property effectively passes to the tenant for the term of the lease. Unless the landlord “reserves” rights in the lease – e.g. rights of entry, rights of way – the landlord will have no right to enter the premises. Landlords almost always need to enter the premises at some point during the term of the lease so most leases reserve certain rights to the landlord.

What rights do I need in my lease? 

When drafting the lease, a landlord must consider what rights it needs and make sure that these are covered in the lease. A typical lease will reserve certain rights as standard, including a right to use conducting media (wires, pipes, cables, etc.) running through the premises and a right of entry on the premises for inspection and repair purposes.

Some leases reserve a right for the landlord to carry out work on neighbouring property which temporarily inconveniences the tenant by restricting access to the premises. Tenants often try to resist or water down such rights as they could materially adversely affect the tenant’s business.

Additional rights when premises are in a multi-let building

If the lease is of a self-contained unit, e.g. a building on its own, the landlord may not need any rights beyond those mentioned above. If however the lease is of a unit in a multi-let building or on a multi-let estate, it may be that the landlord, and other tenants, need additional rights. These might include, for example, a right to enter the premises in order to carry out repairs to other units. If the tenant’s demise includes an external area, other tenants may need rights to walk or drive over that area.

Rights reserved in our template leases 

Our template leases include standard reservations of rights to the landlord. Our leases of premises in shared buildings and on shared estates prompt the landlord to consider whether any specific reservations are required, taking into account the nature of the property.

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