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

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

2

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

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

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

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

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

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

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

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

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