How to avoid the pitfalls of a commercial lease

By Lea Hough Chartered Surveyors

04 Apr 2019

dsc09455.jpg

Taking on a lease on a commercial property is something that businesses up and down the UK do on virtually a daily basis. Despite it being a relatively common business practice, it is amazing how easy it is for mistakes to be made, sometimes leaving the business in an extremely precarious position and even occasionally resulting in the demise of the business altogether.

Here at Lea Hough, we regularly advise businesses that are taking on commercial leases and as such, have seen the good, the bad and the ugly.

Here are the four pitfalls of commercial leases you should look to avoid at all costs.

1. Taking on a lease without a Schedule of Condition

This is one of the most costly mistakes an incoming tenant can make. A Schedule of Condition is a professionally prepared document that includes both detailed written descriptions and extensive photographs to give a clear record of the condition of a building when a Tenant takes possession.

Without this in place, it can be very difficult to later prove what condition the property was in at the time when occupancy was taken, therefore making it possible for the landlord to serve them with a hefty Schedule of Dilapidations when the lease comes to an end.

Ensuring that you have a good quality Schedule of Condition drawn up can go a long way to protecting your interests. Once written up, this should be attached and referenced to the lease for both parties to sign.

2. Failing to understand your obligations

A commercial lease will typically contain a provision for the tenant to keep the property in good repair and condition throughout the lease term. When becoming a tenant of a commercial property, you will automatically take up the maintenance and repair obligations as detailed in the lease. As such, it is important to both budget and plan for ongoing repair works.

It is also very important to check your position in relation to how it the property is to be left at the end of the lease – ie. whether you will need to put the property back to a similar condition (or at least layout) as original. This is especially important for buildings that are already in a dilapidated state when you take occupancy.

3. Undertaking unauthorised works

Taking on a commercial space will usually involve relocating a business’ operations, or at least an element of its function, to the property. The space therefore has to work for the tenant, which may mean making alterations. Tenants need to be very wary of going ahead and making changes without seeking the express permission of their landlord, which typically involves a Licence To Alter. Should changes not be approved, the tenant could be asked to reinstate the property to its original condition, which is often impractical and very costly.

4. Not paying attention to break clauses

For tenants, a break clause is used to provide flexibility to accommodate a potential change in future circumstances. However, break clauses can also benefit the landlord in some cases.

If you are unsure whether or not you want to stay in the property for the full term of your lease, be sure to take advice well in advance of the break date – ideally at least 12 months in advance and at least 6 months before the break ‘trigger notice date’.

If you do wish to activate a break clause, your obligations regarding the property’s repair will usually be the same as if the lease had run its full course, and you will likely have to begin a programme of works to bring the building back to the state the lease dictates.

These are just some of the pitfalls we regularly come across in relation to taking on commercial leases. The law in this country very much favours landlords, with tenants taking of a lion’s share of responsibility for upkeep and maintenance during the term of a lease.

In order to protect your interests as best as you can, it is always worth consulting with a Chartered Surveyor prior to signing a lease. For more information on Lea Hough’s services for both tenants and landlords, please get in touch.

Latest news

1

Businesses outline hopes for Healey's first budget UK Parliament Budget photo

Businesses outline hopes for Healey's first budget

27 Oct 2026

2

Burnley firm supports West Midlands control room expansion 3924518a 13fa 4496 9444 47a6934fbb65

Burnley firm supports West Midlands control room expansion

27 Oct 2026

3

Financial adviser makes two appointments David And John

Financial adviser makes two appointments

27 Oct 2026

4

PM+M to sponsor Employer of the Year at Red Rose Awards Red Rose Awards

PM+M to sponsor Employer of the Year at Red Rose Awards

27 Oct 2026

5

What people want before they make a move Mwjan26 111270

What people want before they make a move

27 Oct 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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget 2026 LBV 29 Oct 2026

The PM+M Autumn Budget seminar - East Lancashire

Blackburn Rovers Football Club (Premier Suite), Blackburn, BB2 4JF

08:00 - 10:30

Lancashire Finance Leaders Forum: The Autumn Budget in Focus
ian-UmTFcwHLPC0-unsplash.jpg.jpg 29 Oct 2026

Lancashire Finance Leaders Forum: The Autumn Budget in Focus

Farington Lodge Hotel, Stanifield Lane, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast 2026
LBV Website Events GraphicBudget Breakfast 30 Oct 2026

Blackburn Budget Breakfast 2026

Premier Suite, Blackburn Rovers FC, Blackburn, BB2 4JF

07:30 - 10:30

Autumn Budget 2026
Lancaster And Morecambe Logo 1 30 Oct 2026

Autumn Budget 2026

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Chamber Breakfast Networking – November
Lancaster And Morecambe Logo 1 03 Nov 2026

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin