Advice: Top tips on lease negotiation

By Lancashire Business View

16 Apr 2014

Before you make the move into new premises here is some of our expert advice and our top tips on lease negotiation to get the results that work for you.

By Brent Forbes, director, Petty Chartered Surveyors. Personal guarantees During negotiations a Tenant may be asked to provide a personal guarantee. This protects the Landlord who will wish to put this in place should a Tenant default on the Lease and claim bankruptcy. If you do give a personal guarantee to the Landlord don’t forget that he can come after the Guarantor for the balance of the Lease and any moneys owed.

In Need of Flexibility The greater the amount of flexibility that can be negotiated into a Lease, the more attractive it will be for a Tenant whether this is a monthly rolling contract, break clauses at specific periods or sub-letting clauses. However, the Landlord may require an increased rental in lieu of the flexibility and if you are looking to assign your Lease a Landlord may require your incoming Tenant to satisfy certain criteria. Consequently assignment of a Lease to a new Tenant may not be straightforward and may hold up any prospects of relocation.

Usage Ensure that there aren’t any restrictions within your Lease such as opening hours, signage, restricted access and a strict user clause. For example, you may initially take on premises for the purpose of retail, but your business needs change to an on-line provider and you wish to use the premises for warehousing rather than retail. These limitations can hinder your business and become prohibitive for future success.

Pre-existing Condition Clauses Landlords will sometimes seek to negotiate an inclusion of this clause which requires Tenants to restore the accommodation to its original condition and appearance when they move out. This can be very costly and can make the changes you initially planned too expensive to rectify when you want to vacate.

Tenant Repairs Ensure you know who is responsible for the repair not only to the structure but also the fittings such as central heating systems, lighting, leaking windows and so on. Many Landlords will attempt to have Tenants pay for these expenses so clarify the situation and ensure that it is written in to your Lease so that there is no ambiguity. Service Charge This is in addition to your rent and can change significantly from year to year if major refurbishment or upgrade to the common areas is required so take into account the current charges and how they may fluctuate over the coming years.

Latest news

1

Inspired plc acquired by HGGC Inspired logo

Inspired plc acquired by HGGC

19 Aug 2025

2

Lancashire uniform provider acquired in £12.5m deal Trutex images

Lancashire uniform provider acquired in £12.5m deal

19 Aug 2025

3

Burnley aircraft firm sees profits soar Safran Nacelles

Burnley aircraft firm sees profits soar

19 Aug 2025

4

Lancashire marina bought by Aquavista Fettlers Wharf Marina

Lancashire marina bought by Aquavista

18 Aug 2025

5

Work starts on new business units at Enterprise Zone Danny Pinkus Cllr Mark Smith and Robert Pinkus at Phase Two Of Enterprise Court

Work starts on new business units at Enterprise Zone

15 Aug 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Tri-Site Survey Equipment Showcase
Linkedin Cover.jpg.jpg
LBV Hub Seminars
03 Sep 2025 - 03 Sep 2025

Tri-Site Survey Equipment Showcase

Harewood House , Leeds, LS17 9LG

09:30 - 16:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV 123 Online Graphic
Subscribe now

Weekly news bulletin