Retail & Office Leasing
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Legal Support for Shop & Office Leases
The right premises can play an important part in the success of a business. Whether you are opening a new shop, relocating your office, expanding into larger premises or letting commercial space to a new occupier, the terms agreed at the outset can have significant financial and operational consequences.
At Clifford Johnston & Co, our Commercial Property Solicitors advise landlords and tenants on the letting and occupation of retail and office premises. With over 35 years of experience and offices in Manchester and Stockport, we provide clear, commercially focused advice from the point terms are agreed through to completion and occupation.
Our property team is accredited under the Law Society’s Conveyancing Quality Scheme (CQS), and Clifford Johnston & Co. holds the Lexcel Legal Practice Quality Mark, reflecting our commitment to high standards of legal practice and client care.
We will identify the issues that matter to you and protect your position before you become legally committed.
Call 0161 975 1900 or complete our enquiry form to speak to one of our Retail and Office Leasing Solicitors.
How Can We Help
Retail and office premises present different legal and practical considerations from many other commercial properties.
Our commercial property solicitors act for both landlords and tenants. We consider how the premises will actually be used, the rights needed to operate from them effectively and the costs and restrictions that could affect the business throughout the term.
For retail premises, our solicitors can advise on:
- Permitted use and trading restrictions.
- Shop frontage, signage and external alterations.
- Customer access, deliveries and refuse arrangements.
- Fitting-out works and alterations to the premises.
- Lease obligations that may affect day-to-day trading.
For office premises, we can advise on:
- Access outside normal business hours and security arrangements.
- Parking, lifts and shared facilities.
- Air conditioning, broadband and other essential infrastructure.
- The use of meeting rooms, reception areas and communal spaces.
- Restrictions and obligations affecting the operation of the business.
We work closely with you and other professional advisers where appropriate to ensure the legal arrangements properly reflect what has been agreed.
Our focus is straightforward: to give you a clear understanding of the premises, your obligations and the risks before you commit.
Solicitors for Retail Premises
Taking on a retail lease is a significant commitment for any business. The terms of the lease can directly affect how you trade and the costs involved in operating from the premises. Restrictions that appear relatively minor at the outset can become problematic as your business develops.
Our Retail Lease Solicitors advise businesses leasing high street shops and retail premises within shopping centres. We understand the commercial pressures facing retailers and the importance of securing lease terms that allow your business to operate effectively.
Planning Permission and Permitted Use
Before entering into a retail lease, it is essential to establish whether the premises can lawfully be used for your intended business.
In England, many commercial activities fall within planning Use Class E. This includes most shops and offices. Generally, a change between activities within Class E does not require planning permission. However, individual planning conditions may restrict how a property can be used.
The planning position must also be considered separately from the terms of the lease. Even where planning legislation permits a particular use, the landlord may impose contractual restrictions.
For example, a lease may permit the premises to be used only as a clothing shop. If the tenant subsequently wishes to change the nature of the business, the landlord’s consent may be required.
Our Commercial Property Solicitors review permitted-use clauses to establish whether they accommodate your proposed business activities. Where necessary, we negotiate amendments to provide greater flexibility throughout the lease term.
Retail Leases in Shopping Centres
Leasing premises within a shopping centre can involve additional obligations that are not usually encountered with standalone retail units.
Shopping centre landlords often impose detailed requirements governing how businesses operate. A lease may contain a keep-open clause, requiring a retailer to remain open during specified trading hours. Breaching these obligations can have contractual consequences, even where the business has a legitimate commercial reason for closing temporarily.
The cost of occupation also requires careful consideration. Shopping centre tenants may be responsible for substantial service charges, particularly where the landlord provides extensive communal facilities. Depending on the lease terms, tenants may also be required to contribute towards the centre’s promotional expenditure.
Some retail leases include turnover rent provisions, under which the rent payable is linked partly or wholly to the retailer’s sales. It is important to understand how turnover is calculated and what financial information must be provided to the landlord.
Our Retail Lease Solicitors review these obligations and advise on their commercial implications. We will identify potentially onerous provisions and negotiate amendments where appropriate, helping you make an informed decision before committing to the premises.
Solicitors for Office Leasing
Taking on an office lease is an important decision for any business. While the location and suitability of the premises are key considerations, the terms of the lease can have a lasting effect on your operating costs and future flexibility.
Our Office Lease Solicitors advise businesses leasing office premises in Manchester, Stockport and the surrounding areas. We understand that business requirements can change over time and the importance of securing lease terms that reflect both your immediate needs and longer-term plans.
Service Charges and Building Maintenance
For businesses leasing offices within larger buildings, service charges can represent a substantial additional expense beyond the annual rent.
Depending on the lease terms, tenants may be required to contribute towards the maintenance and repair of shared areas. These costs can increase significantly if the building requires major works, potentially leaving tenants responsible for expenditure they had not anticipated.
It is therefore important to establish what the landlord is entitled to recover through the service charge and whether there are any limits on the tenant’s contribution.
Our Commercial Property Solicitors examine these provisions and advise on the extent of your financial obligations. Where appropriate, we can negotiate service charge caps or exclusions to help protect your business against unexpected costs.
Office Fit-Out and Reinstatement Obligations
Most businesses need to make some changes to office premises before moving in. However, a commercial lease may restrict the alterations that a tenant can carry out without the landlord’s consent.
It is equally important to consider what happens when the lease ends. A landlord may require the tenant to remove alterations and return the premises to their original condition. This can result in substantial expenditure, particularly where the tenant has invested heavily in fitting out the office.
Our Office Lease Solicitors advise on alteration provisions and any licences required to carry out the proposed works. We also examine reinstatement obligations to ensure that you understand the potential costs before committing to the lease.
Flexibility for Changing Business Requirements
The amount of office space a business needs can change considerably during a lease. Premises that are suitable today may become too small as the business grows or unnecessarily expensive if fewer employees need to work from the office.
It is therefore important to understand whether the lease provides any flexibility if your circumstances change.
A break clause may allow the tenant to end the lease early, provided the relevant conditions are satisfied. Alternatively, assignment or subletting provisions may offer a way to transfer the lease or let some or all of the premises to another occupier, subject to the lease terms and any required consents.
Our solicitors review these provisions and negotiate appropriate terms wherever possible. We aim to ensure that your office lease does not place unnecessary restrictions on your ability to respond to changing business needs.
Our Retail & Office Leasing Services
Agreeing Heads of Terms
Many retail and office lettings begin with Heads of Terms negotiated through commercial property agents.
Although Heads of Terms will commonly be expressed as being subject to contract, they establish the commercial framework from which the legal documents are prepared. Important points should therefore be identified at this stage rather than left until the lease is being negotiated.
The RICS Code for Leasing Business Premises encourages the use of comprehensive Heads of Terms so that landlords and tenants understand the commitments being proposed before the legal drafting begins.
Our Commercial Property Solicitors can become involved at an early stage to help ensure the proposed terms properly address your requirements.
Security of Tenure and the Landlord and Tenant Act 1954
Under the Landlord and Tenant Act 1954, many commercial tenants have security of tenure. This means they may have the right to remain in occupation and apply for a new lease when their existing lease expires, subject to certain statutory conditions.
However, landlords and tenants can agree to exclude these rights before the lease is granted through a process known as contracting out. A tenant entering into a contracted-out lease will not have the same statutory right to renew, which can have significant consequences for a business intending to remain at the premises long term.
Our Commercial Property Solicitors advise tenants on the implications of giving up security of tenure and assist landlords who wish to exclude these protections. We ensure the relevant legal procedures are followed and that both parties understand their position before entering into the lease.
Legal Due Diligence Before Taking Retail or Office Premises
Before entering into a commercial lease, we investigate the landlord’s title, review relevant property searches and raise enquiries to identify legal issues that could affect your occupation.
For example, premises may appear to have suitable access, but the legal title may not grant the necessary rights to use it. Existing restrictions may also limit how the property can be occupied.
We identify these risks early and advise on how they can be addressed before you make a binding commitment.
Repairing Obligations and Schedules of Condition
Repairing liability can create substantial unexpected costs for an occupier.
A lease may require a tenant to repair the premises even where an element of disrepair existed before the tenancy began. Depending on the wording used, the tenant could potentially be required to put parts of the property into a better condition than they were in when occupation started.
Where appropriate, a tenant may seek to limit its repairing obligation by reference to a photographic Schedule of Condition. We can work with your surveyor to ensure that any agreed Schedule of Condition is properly incorporated into the legal documentation.
Fit-Out Works, Alterations and Signage
Before carrying out alterations to retail or office premises, tenants should establish what permissions are required under the lease.
Certain works may require a formal Licence for Alterations, setting out the approved works and any conditions imposed by the landlord. Depending on the proposed changes, separate planning permission or building regulations approval may also be necessary.
Our solicitors advise on the relevant lease provisions and negotiate the necessary legal documentation to help prevent disputes over unauthorised works.
Rent Deposits and Guarantees
Landlords may seek additional financial security, particularly where a tenant is a newly incorporated company, a start-up business or has limited trading history.
This may involve a rent deposit, personal guarantee or guarantee from a parent company.
The amount involved and the circumstances in which a landlord can draw upon or retain a deposit should be understood before completion. A guarantee can also create significant financial obligations extending beyond the tenant company itself.
Stamp Duty Land Tax and Registration
Taking a new commercial lease can create tax and registration requirements.
Stamp Duty Land Tax may be payable on a non-residential lease depending upon any premium and the net present value of the rent payable over the term. HMRC applies separate calculations to the lease premium and rental element. Certain leases must also be registered at HM Land Registry.
We will advise on the requirements applicable to your transaction and deal with the relevant post-completion formalities where instructed.
Why Choose Clifford Johnston & Co.?
Clifford Johnston & Co. provides experienced, practical commercial property advice to landlords and businesses throughout Manchester, Stockport, Greater Manchester, Cheshire and beyond.
Our property team understands that commercial premises are not simply legal assets. For a business, they may be the place where customers are served, staff work and revenue is generated. For a landlord, they represent a valuable investment that must be properly protected.
We therefore take the time to understand the proposed use of the premises and the commercial priorities behind the transaction.
With over 35 years of experience, Law Society Conveyancing Quality Scheme accreditation and the Lexcel Legal Practice Quality Mark, we combine technical property knowledge with the responsive and client-focused service for which Clifford Johnston & Co. is known.
We offer clear advice, transparent pricing and a practical approach designed to keep transactions progressing while protecting your position.
Frequently Asked Questions
What should I check before leasing a shop or office?
You should consider much more than the rent and length of the lease. The permitted use, repairing obligations, service charge, access rights, parking, signage, fit-out requirements, EPC, planning position and total cost of occupation can all affect whether the premises are suitable.
Do I need a solicitor before agreeing Heads of Terms for commercial premises?
It is sensible to obtain legal advice as early as possible. Heads of Terms establish the commercial basis upon which the lease will be negotiated. Identifying issues such as repair, service charge, permitted use, alterations, break rights, security of tenure and rent deposits before Heads of Terms are finalised can put you in a stronger position and reduce difficulties later.
Can I alter or fit out a rented retail unit or office?
That depends upon the lease and the nature of the proposed works. Some alterations may be prohibited while others require the landlord’s consent, often through a formal Licence for Alterations. Planning permission, building regulations approval and other consents may also be required. You should establish what approvals are necessary before starting work or committing significant expenditure.
Contact our Retail & Office Leasing Solicitors
Whether you are taking on new retail or office premises, negotiating a lease renewal or granting a lease to a tenant, having the right legal advice from the outset can help you avoid costly mistakes and secure more favourable terms.
Our Commercial Property Solicitors provide clear, strategic advice throughout the leasing process. We work hard to protect your interests, anticipate potential problems and achieve an outcome that supports your commercial objectives.
From our offices in Manchester and Stockport, we advise landlords and tenants across Greater Manchester and Cheshire, including Didsbury, Cheadle and Wilmslow.
Contact Clifford Johnston & Co. today to discuss your retail or office leasing requirements. Call us or complete the enquiry form below to speak directly with one of our experienced Commercial Property Solicitors.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.