The dangers of informal lettings for commercial property

katie-hall-photo.jpg

Informal commercial property lettings arise where there is no written agreement between the parties. This often happens when a landlord rents property to a business contact, friend or family member, or if the intention is for the arrangement to be short-term.

Solicitor Katie Hall from Woodcocks Haworth and Nuttall’s commercial property team explores some of the main risks associated with letting commercial property on an informal basis.

Responsibilities 

These situations sometimes arise when a landlord either doesn’t want to incur solicitors’ fees for putting an agreement together or feels a written agreement doesn’t seem necessary because of their relationship with the tenant.

The important question to ask is, what happens if something goes wrong? For example, what can be done if the tenant doesn’t pay their rent on time, or who is responsible for repairing the property?

With a written lease, the responsibilities of each party are clearly stated. This removes any uncertainty and avoids awkward conversations about what each party’s responsibilities are when there is nothing in writing. Matters such as insurance, repairs and paying for outgoings can often become matters of dispute without a written lease

Security of tenure

Commercial tenants running a business from a rented commercial property automatically have rights under the Landlord and Tenant Act 1954. These rights are known as security of tenure.

The rules mean that at the end of their lease, a business tenant has the right to a new lease upon similar terms to their current lease, meaning that they are legally entitled to remain at the property. It is possible to exclude these rights, but a strict procedure must be followed.

This is a significant risk for a landlord with an informal letting, as what was intended to be a short-term agreement can result in the tenant acquiring the right to remain at the property. It can then be very difficult for a landlord to retake possession.

Rent

Whether you are a landlord or a tenant, rent is a key factor to consider when renting commercial property. With an informal agreement, details such as rental increases and implications for non-payment of rent are often overlooked.

As a landlord, receiving rent is crucial to ensure that your investment is generating funds. A written lease clearly documents how much rent is paid, how and when the rent will be increased, as well as setting out your rights if the tenant fails to pay their rent.

As a tenant, rent is equally important, as it can be a factor that determines how profitable your business is. Without a written agreement, it can be difficult to dispute a rental increase.

Watertight agreements

The importance of having a written lease prepared by a solicitor cannot be understated. It is likely to save a significant amount of time and money in the future by mitigating a plethora of potential risks associated with renting commercial properties on an informal basis.

Whether you are a landlord or a tenant, this is a complex area of law that can have significant implications to both yourself and your business.

Katie Hall is a solicitor based at WHN’s Blackburn office. Katie specialises in commercial property transactions and advises clients on all aspects of commercial property law, including lease arrangements for commercial buildings.

Katie has vast experience acting on behalf both landlords and tenants including individuals, companies, partnerships and pension funds in leasing commercial property, and can guide you through the whole legal process. To contact Katie, call her on 01254 272640 or email [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Lancashire County Council launches new suppliers charter LSCIMG0237 1

Lancashire County Council launches new suppliers charter

14 Jul 2026

2

High street decline a key issue for locals, according to study Preston City Centre

High street decline a key issue for locals, according to study

14 Jul 2026

3

University of Lancashire to become founding member of the Defence Universities Alliance DJI_0725.2s UCLan Square Student Centre at night drone image (1).jpg.jpg

University of Lancashire to become founding member of the Defence Universities Alliance

14 Jul 2026

4

200 jobs at risk as chemical plant looks to halt production AGC Logo

200 jobs at risk as chemical plant looks to halt production

13 Jul 2026

5

Halite Energy Group goes into liquidation Donald McKinnon WordPress Twitter Image Size 1536x864

Halite Energy Group goes into liquidation

13 Jul 2026

Blackburn College (July-Aug 26)
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 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

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

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

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

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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