News & Legal Updates
Sign up to news & legal updates
Before entering into a commercial lease, the tenant and landlord must negotiate the terms of the lease. This is especially significant in Scotland where there is no legislation (such as the Landlord and Tenant Act 1954 in England and Wales) to enforce the rights and obligations of each party. Instead, the relationship between lessor and lessee will be entirely defined by the conditions set out in the contract itself. The negotiation stages are, therefore, of the utmost importance.
Why is negotiating a commercial lease so important?
When you are drafting a commercial lease, you must go through every single clause to ensure you are completely happy with each aspect. If there is something you feel compromises your position, you must negotiate with the other party and attempt to reach a mutually acceptable agreement. If you do not take this precaution, you could fall victim to the terms of the lease; and because the lease is considered a matter of contract, there will be very little you can do. In short, you will not be protected by the law. Therefore negotiating a commercial lease that promotes your best interests is crucial if you want to avoid falling into any pitfalls later down the line.
How to negotiate a commercial lease
In order to negotiate a lease that matches your needs and limits your liability, there is one thing you must do: you must instruct a solicitor who specialises in commercial leases from the outset. Having a legal expert on your side from the very beginning will prove beneficial, as they will negotiate a lease on your behalf, ensuring your rights are safeguarded and any hazards are identified.
Although it is possible to attempt negotiations alone, you need to remember that this is a complex area of the law with many loopholes and legal minutiae. Without professional expertise on your side, you are much more likely to sign a contract that actually puts you and your livelihood at risk. This could prove costly, both in terms of time and money. Therefore it is much safer to ask a solicitor to assist with your commercial lease, as this will prevent you from entering into a contract will unfavourable terms.
Need help negotiating a commercial lease in Dundee or Edinburgh?
If you would like help negotiating a commercial lease in Scotland, you need to speak to a commercial property expert. Here at Blackadders, we have an experienced legal team who are ready to assist with all commercial property queries. For more information, contact us today and talk to one of our specialist solicitors.
For more information, simply call us on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) or complete the enquiry form on the right of this page and we will be delighted to help you
The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.
Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.
Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.
Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.
© Blackadders LLP 2011
Members of the Law Society of Scotland. Authorised to conduct Investment Business under the Financial Services & Markets Act 2000 by the Financial Services Authority.
Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.Back to News & Legal Updates