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Shop and Restaurant Short Leases for Five Years or Less

Most retail and restaurant businesses occupy their premises 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 Short Lease Agreements contains a selection of templates for less than 5 year lettings of retail or restaurant premises. There are Leases of part (with service charge) and Leases of whole. 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.

Shop and Restaurant 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 shop 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 retail 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.
Do I need rent review in a short retail lease? +
Usually not. Rent review is designed to track the market across a long term, so it is standard on leases of more than five years and normally left out of shorter retail lettings. The Simply-Docs short shop and restaurant leases of five years or less are drafted without review, while the long lease range includes it. If you expect fast market movement you can add a review, but a fixed rent keeps a short retail let simpler to manage.
Does a five year shop lease have to be registered at the Land Registry? +
Not in its own right. Only a lease granted for more than seven years must be registered at HM Land Registry, so a five year retail lease needs no title of its own. The exception is easements: if the lease grants rights such as parking, servicing access or use of common areas 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 or assignment.
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