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

Landmark moment for Eden Project Morecambe Landmark moment for Eden Project

Landmark moment for Eden Project Morecambe

25 Jun 2026

2

Preston consultancy joins growing national group Senior Representatives From Enevo And Aegis

Preston consultancy joins growing national group

25 Jun 2026

3

Chamber chief to step down Miranda Barker

Chamber chief to step down

23 Jun 2026

4

Loom Loft makes Growth 100 list Loom Loft team

Loom Loft makes Growth 100 list

23 Jun 2026

5

Green light for Longton homes scheme Story Homes plans

Green light for Longton homes scheme

23 Jun 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
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

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