Landlord and Tenant

Kingsley Napley’s established Real Estate team has acted for landlords and tenants for many years, building up expert knowledge in this area.

Our team advises both landlords and tenants in relation to agreements for lease (including pre-lets), leases, re-gearing of leases, lease renewals, assignments, authorised guarantee agreements, licences, rent deposits and surrenders.

We also advise on a variety of potentially complex issues including:

• The interpretation of leases e.g.  rent review clauses and service charge provisions
• Tenant  insolvency – rights and remedies
• Exercising  break clauses
• Lease renewals under the Landlord and Tenant Act 1954 together with any tactical considerations

In our experience, the more you can agree in the heads of terms, the faster the transaction will proceed.
By instructing a solicitor at the outset whilst negotiating the heads of terms they are better able to highlight any key points and apportionment of risk. This will ensure the heads of terms strike a fair balance between the parties and the transaction proceeds more quickly.

We can assist with all legal aspects of property portfolio management, from drafting commercial property lease agreements or advising on residential tenancy agreements, to offering lease extension advice. We work with teams throughout the firm to provide specialist, collaborative advice

The team also advises clients on any reconfiguration of their occupational requirements, whether divesting themselves of space or seeking new space. By ensuring our clients know that they are in safe hands, they can concentrate on running their own business. 

Tenants – Things to think about

• Term (or length) of the lease to be entered into
• ’54 Act implications
• Break clauses – flexibility and impact on rental levels
• Repair
• Alienation
• Alterations

Whilst these points give food for thought they are not the complete picture and you should speak to one of the team for specific guidance based on your commercial requirements.  Our team regularly provide blogs on a range of Real Estate services. You may also find the two blogs below of interest:

Where your heads are at (Where your heads are at)

Heads of Terms – key pointers for a commercial tenant

Landlord – Things to think about

• Term
• Security / covenant strength
• Investment value
• Tenant ‘mix’ in the portfolio / location
• Clean investment – preservation/enhancement of value
• Insurance issues