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 turbines sold to Belgium Europlay 2

Lancashire turbines sold to Belgium

20 Oct 2026

2

Round of promotions across PM+M Pmm Promotions October 26

Round of promotions across PM+M

20 Oct 2026

3

Brysdales to sponsor transport category at Red Rose Awards Red Rose Awards

Brysdales to sponsor transport category at Red Rose Awards

19 Oct 2026

4

Cowgills expands into Lancashire following Haleys acquisition Haleys Image

Cowgills expands into Lancashire following Haleys acquisition

19 Oct 2026

5

Why flexibility matters for your fleet Lee Grendall Intack

Why flexibility matters for your fleet

19 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

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

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it
Lancaster And Morecambe Logo 1 21 Oct 2026

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mock Tribunal - step inside an employment tribunal… without the risk
LBV Website Events GraphicMock Tribunal 21 Oct 2026

Mock Tribunal - step inside an employment tribunal… without the risk

Online, Preston, PR1 3JD

09:30 - 12:30

Preston Freelancer Meet-Up: October
Freelance Meet Up 22 Oct 2026

Preston Freelancer Meet-Up: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

North West Business Expo
LBV Website Events GraphicBusiness Expo 1 23 Oct 2026

North West Business Expo

Toughsheet Stadium , Bolton, BL6 6JW

09:00 - 15:00

Girlie Night Out
Lancaster And Morecambe Logo 1 23 Oct 2026

Girlie Night Out

Lancaster Brewery, Lancaster, LA1 3LA

19:00 - 23:00

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

Autumn Budget 2026
Lancaster And Morecambe Logo 1 30 Oct 2026

Autumn Budget 2026

Lancaster & Morecambe College, Lancaster, LA1 2TZ

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

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