Taking on, renewing, or exiting a commercial property lease is a significant commitment. Whether you are a business owner signing a lease for new premises, a landlord negotiating terms with a tenant, or a party facing a dispute over repairs or dilapidations, the legal details of a commercial lease can have lasting financial consequences.
Our commercial lease solicitors at Heringtons advise businesses, landlords, and tenants across East Sussex at every stage of the lease lifecycle. We work as part of our wider commercial property team, giving you access to specialist knowledge on transactions and disputes alike.
We can assist with:
- Drafting and reviewing commercial leases
- Lease renewals under the Landlord and Tenant Act 1954
- Lease assignments and subletting
- Rent reviews and break clauses
- Lease disputes and dilapidations
Speak to a commercial lease solicitor today
For clear, practical advice on any commercial lease matter, contact our business lease solicitors at Heringtons today, at one of our five East Sussex offices in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Alternatively, complete our online enquiry form and a member of our team will be in touch shortly.
What is a commercial lease?
A commercial lease is a legally binding contract between a landlord and a tenant for the use of business premises. Unlike residential tenancies, commercial lease agreements are largely governed by negotiation between the parties, and the terms can vary significantly from one agreement to the next.
A commercial tenancy agreement can cover office space, retail units, warehouses, or industrial premises. It sets out the rights and obligations of both parties, including rent, lease length, permitted use, repair responsibilities, and what happens at the end of the term.
Because the terms are negotiable, it is important to take legal advice before signing. A poorly drafted or unfavourable lease can expose your business to significant risk throughout the term and beyond.
Why choose Heringtons for commercial lease advice?
Heringtons is one of East Sussex’s most established law firms, with a dedicated commercial property team advising businesses and property owners across the region. Our commercial lease lawyers take a pragmatic, commercially minded approach so that legal advice translates into real value for your business.
We understand that cost certainty matters. We provide clear fee estimates at the outset and offer fixed fees where appropriate. You will always know where you stand before work begins.
Our team includes partners Robert Draper and Richard Palmer, alongside commercial property solicitor Ashleigh Wright, who all bring considerable experience of commercial lease matters in East Sussex and beyond.
Clients choose our business lease solicitors because we offer:
- Experienced commercial lease lawyers with strong local knowledge
- Transparent pricing and upfront cost estimates
- Practical advice focused on protecting your business interests
- Access to a full range of landlord and tenant and commercial property services
Our commercial lease services
Our commercial lease solicitors advise on the full range of lease matters, from initial negotiation and drafting through to disputes and end-of-term obligations. Below is an overview of the areas we cover.
Drafting and reviewing commercial leases
A commercial lease agreement must be carefully drafted to reflect the agreed terms and protect your position. Our solicitors will review or prepare lease documentation, explain the key clauses in plain English, and identify any terms that could create risk for your business.
We advise on lease length, rent, permitted use, repair obligations, alienation provisions, and all other material terms. Before you sign, we will ensure you fully understand what you are committing to and what your obligations will be throughout the term.
Lease renewals and the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 (LTA 1954) gives many business tenants security of tenure, meaning a statutory right to renew their lease at the end of the term on broadly similar terms. However, these rights can be excluded by agreement, and the process for exercising them is subject to strict notice deadlines.
Our lease renewal solicitors advise landlords and tenants throughout the renewal process. We will help you understand whether the LTA 1954 applies to your lease, how to serve or respond to notices correctly, and how to negotiate new terms that reflect your commercial position.
Lease assignments and subletting
Assigning a lease transfers your obligations as a tenant to a third party. Subletting creates a new tenancy within your existing one. Both arrangements involve legal and practical complexity, and both typically require the landlord’s written consent.
We advise tenants and landlords on the process for obtaining consent, the conditions that can lawfully be attached, and the documentation required to formalise the arrangement. We also advise on any continuing liability that may remain after an assignment is completed.
Rent reviews and break clauses
Most commercial leases include provisions for periodic rent reviews, allowing the rent to be adjusted during the term. A break clause in a commercial lease gives one or both parties the option to end the lease early, subject to specified conditions.
Both provisions require careful attention. Errors in exercising a break clause can mean losing the right to terminate entirely. Our rent review solicitors will ensure you understand how these provisions work and that any notices are served correctly and on time.
Lease disputes and dilapidations
Disputes between landlords and tenants can take many forms: disagreements over repair obligations, forfeiture of a commercial lease (where a landlord seeks to terminate the lease early due to a tenant’s breach), or commercial tenant eviction proceedings. Dilapidations, the obligations on a tenant to return premises in a specified condition at the end of the lease, are a particularly common source of dispute.
Our dispute resolution solicitors work to resolve commercial lease disputes efficiently, using negotiation wherever possible and litigation when necessary. Our team will advise you on your rights and obligations, and work to achieve the best outcome for your business.
Frequently asked questions about commercial leases
Do I need a solicitor for a commercial lease?
There is no legal requirement to instruct a solicitor for a commercial lease, but it is strongly advisable. Commercial lease agreements contain complex and binding obligations that can remain in place for many years. A solicitor will identify unfavourable terms, negotiate improvements, and ensure the final document accurately reflects the agreed position before you commit.
How much do solicitors charge for a commercial lease?
Commercial lease costs will depend on the complexity of the transaction and the scope of work required. We provide clear fee estimates at the outset of every matter. We will always discuss costs with you before any work begins.
What should I look for in a commercial lease?
Key areas to consider include the lease length and any break clause provisions, the rent and the mechanism for future rent reviews, the permitted use of the premises, repair and reinstatement obligations, and any restrictions on assigning or subletting. We will review all of these areas and advise you on anything that could affect your business.
What happens when a commercial lease expires?
If your lease is protected by the LTA 1954, you have a statutory right to request a new lease on broadly similar terms, and your landlord can only oppose renewal on specific grounds set out in the Act. If the LTA 1954 has been contractually excluded from your lease, you have no automatic right to remain in the property once the term ends.
Can I get out of a commercial lease early?
Depending on the terms of your lease, it may be possible to exit early by exercising a break clause, assigning the lease to another business, or reaching an agreement with your landlord to surrender the lease. Each option carries different legal and financial implications. We will advise on the most practical route for your circumstances.
Who pays legal fees for a commercial lease?
As this is a hotly negotiable topic, your position should be agreed and documented before legal work begins. Rest assured that we will advise you on this at the outset of your matter.
Get expert commercial lease advice
A commercial lease is one of the most significant commitments your business will make. Our commercial lease solicitors at Heringtons will ensure you enter any agreement with a clear understanding of your rights, your obligations, and your options.
Contact our business lease solicitors at one of our five East Sussex offices:
Or complete our online enquiry form and a member of our team will be in touch shortly.