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Home > Starting a business > Negotiating a lease/purchase

Negotiating a lease
Checklist
 
The following is a brief checklist, which may be of assistance in negotiating your Lease. However, no Lease should be signed without first consulting your solicitor.
 
  1. What length of Lease do I require?
  2. The exact area should be defined.
  3. Do I have access to all services such as water, electricity, and telephone?
  4. Is the rent subject to vat?
  5. Insurance. What level of public liability and contents insurance do I need?
  6. Can I negotiate a break clause allowing terminating the Lease after a certain fixed period e.g. six months?
  7. Is there a rent review clause?
  8. How much are the rates on the premises?
  9. Does the premises have planning permission for the activity I intend carrying on?


Getting out of Lease
 
If your business does not work out or if you outgrow the space that you have leased, you may wish to get out of your Lease prior to the completion of the term.

Unless your Landlord agrees, you are obliged to pay the entire rent for the remaining portion of the Lease. However, if the Landlord or you yourself can obtain an alternative Tenant, it is usual for the Landlord to allow the remaining portion of the Lease to be assigned over to the new Tenant or alternatively, the Landlord may opt for a new Lease with the new Tenant.

Most short term Leases will have a prohibition on subletting. However, a Landlord's main concern is to have a good Tenant who will pay promptly the rent and therefore if you can convince the Landlord that this will be the case with the new Tenant, it is likely that you will be in a position to negotiate the assignment or the termination of the Lease.
 
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