Commercial landlords: Five tips to avoid tenancy problems

Five tips to avoid tenancy problems SOCIAL.jpeg.jpg

Renting out commercial property can be risky for a landlord, particularly when leases are granted without seeking advice from a lawyer. Getting it right from the start can help prevent big issues if your tenant is behind on rent, leaves the premises or makes structural changes without your consent. 

Based at WHN’s Blackburn office, commercial property specialist Katie Hall shares her top tips on how to avoid a commercial property nightmare.

1. Research your tenant

Make sure you know about your prospective tenant by carrying out business background checks. Consider asking for references from current or previous landlords or trade creditors. If it is a limited company, check who are the directors and shareholders in advance of drafting the lease.

2. Protect yourself against tenant financial problems

You may wish to take a rent deposit, which the tenant pays on day one and the landlord holds onto.  If money is owed, the deposit sum is then immediately available to the landlord, without the need for costly court proceedings. You could also ask for someone to act as a guarantor for the tenant.

3. Make your basic lease terms clear

Take specialist legal advice early on. Too often agreements are made in advance of gaining an expert view. WHN has advised changes to lease terms in order to protect the client but it’s very difficult to go back and renegotiate on something you have already agreed. Take a surveyor’s advice too to gain perspective on rental levels in the market.

4. Don’t allow the tenant to occupy the property early

It may be tempting to allow a tenant access to the property before the lease has been prepared and signed so that a landlord can start to charge rent. However, this leaves a landlord at risk of the tenant acquiring protection under the Landlord and Tenant Act 1954 which can make it very difficult for a landlord to regain possession of the property.

Allowing early access can also disadvantage a landlord during negotiations as well as causing confusion as to who is responsible for repairs, utilities and insurance before the lease is completed.

5. Think long-term

Are you purely in the business of renting out property or might you need to use the property yourself in the future? If you require the right to remove the tenant once the lease ends, there is a strict procedure to go through before the lease is entered into.

Gaining legal advice is crucial to ensure that this is carried out correctly. Without it you could risk being stuck with the tenant indefinitely. You should also consider lease terms that will make the property more attractive to potential buyers or lenders, should you decide to sell or re-mortgage it in the future.

Katie Hall specialises in commercial property transactions. She deals with all aspects of commercial property law, including property acquisition and sales, commercial remortgages and lease arrangements for commercial buildings, as well as specialising in leasehold enfranchisement claims. If you wish to discuss how to manage your commercial property lease, please contact Katie on 01254 272640 or email [email protected].

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Eighth year of growth for Brabners Brabners London office

Eighth year of growth for Brabners

28 Jan 2026

2

PNE confirm talks with US-Saudi businessman Preston North End. Pic by Dave O, Shutterstock

PNE confirm talks with US-Saudi businessman

27 Jan 2026

3

Lancashire innovation growth programme boosted by new senior appointments Prof Andy Schofield Prof Graham Baldwin Rebecca Latham Dr Robert Holbrook

Lancashire innovation growth programme boosted by new senior appointments

27 Jan 2026

4

Airframe Designs announces rebrand to AFD Systems AFD Systems team

Airframe Designs announces rebrand to AFD Systems

26 Jan 2026

5

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons Typhoon aircraft

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons

22 Jan 2026

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
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

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

AI Growth Accelerator
AI Growth Accelerator 1.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

AI Growth Accelerator

Online, _, _

12:00 - 12:20

Cyber Resilience Boardroom Session
Cyber Resilience Boardroom Session.png.png
LBV Hub Webinar
04 Feb 2026 - 04 Feb 2026

Cyber Resilience Boardroom Session

Online, _, _

13:00 - 13:20

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

The Business Network Central and East Lancashire
LBV Header (29).png.png
LBV Hub Networking
11 Feb 2026 - 11 Feb 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin