Commercial Landlord & Tenant Law
Commercial leases and disputes requires up-to-date legal guidance. At Catherine Allison and Co , we provide comprehensive advice to both commercial Landlords and Tenants across the UK and Ireland, ensuring your interests are protected at every stage.
Our Core Landlord & Tenant Services
Whether you are negotiating a new agreement or facing a contentious issue, we offer specialist advice on:
- Leasing Agreements: Expert guidance for Landlords drafting leases for new Tenants and for Tenants entering into new commercial Leases. We focus on clear terms to secure your rights and minimise future risk.
- Renewal Rights: We advise on Tenants’ statutory and contractual renewal rights, ensuring compliance with local legislation (e.g., security of tenure provisions) to protect their ongoing business interests.
- Rent Review Mechanisms: Strategic advice and representation concerning rent review clauses and disputes, aimed at achieving the most favourable commercial outcome.
- Dispute Resolution & Litigation: We have substantial experience in all aspects of Landlord and Tenant litigation and general commercial disputes, including issuing and defending court proceedings to resolve issues effectively.
Multi-Jurisdictional Expertise
Our team offers the unique advantage of advising on property matters across multiple jurisdictions, including Ireland, Northern Ireland, England, and Wales. This ensures seamless, compliant advice for clients with property portfolios or interests spanning these regions.
Frequently Asked Questions
- What are a commercial tenant’s rights to renew their lease in the UK and Ireland?
The right to a new lease (security of tenure) depends heavily on the jurisdiction and the lease terms.
England & Wales Tenants have an automatic right to renew, unless the lease was formally “contracted out” or the landlord can prove specific statutory grounds for refusal
Ireland: Tenants generally acquire a statutory right to a new lease after five years of continuous business occupation, unless this right was lawfully renounced or “contracted out” in the agreement
Northern Ireland: Similar legislation exists, granting rights of renewal after a qualifying period usually 12 month , which can also be contracted out.
- Can a Landlord refuse to renew a commercial lease?
Yes, but only on limited, statutory grounds. The most common grounds include the Landlord’s genuine intention to: Demolish or reconstruct the premises, Occupy the premises for their own business or residence, the Tenant has persistently breached the lease (e.g., non-payment of rent or failure to repair). The specific rules and procedures must be followed strictly
- What is a ‘rent review’ and how is the new rent determined?
A rent review is a mechanism (usually every 3-5 years) that allows the rent to be adjusted during the lease term. Most commercial leases use the Open Market Rental Value method, meaning the rent is adjusted to reflect what the property would achieve on the open market at the review date. Other methods include index-linked or fixed-increase reviews.
- What happens if the Landlord and Tenant cannot agree on the new rent?
The lease agreement will stipulate a dispute resolution process. This almost always involves referring the matter to an independent professional, such as a Chartered Surveyor acting as an Arbitrator or Independent Expert, whose decision will be binding. Legal advice is crucial during this process to ensure your valuation evidence is correctly presented.
- all disputes have to go to Court/Litigation?
No. We always prioritise Alternative Dispute Resolution (ADR) methods, such as mediation or expert determination, as they are often faster, less costly, and preserve commercial relationships. Litigation is pursued only when ADR fails or when the complexity of the matter requires a definitive legal ruling.
- As a Tenant, what are the most important clauses I should seek advice on before signing a new lease?
Critical clauses include: Repairing obligations (e.g., a Schedule of Condition to limit liability), Rent Review terms, Break Clauses (your right to end the lease early), and whether your security of tenure (renewal rights) has been contracted out.
