Leasing business premises can be a real minefield for the unwary business owner. In this series of posts I shall go through the various aspects of a commercial lease to explain some of the legal jargon and also provide some lease negotiation tips along the way.
E is for Entry - rights of
Almost all leases will contain a right for the landlord to enter the premises in certain circumstances. You don't want the landlord just barging in when he feels like it, though, so it's important to make sure there are a few controls.
The first rule is that the landlord should give you notice of his intention to come into the premises. How much notice the landlord needs to give you depends on the type of business you are running and the reason for the landlord wishing to enter the premises.
If the reason for entry is just to have a look round to make sure you are complying with your covenants in the lease then a couple of days' notice may be reasonable. If the landlord wants to enter the property to carry out works to neighbouring premises this might involve coming onto the premises with workmen and equipment which will be much more of a disruption. In those circumstance, you may want a couple of weeks' notice.
If the landlord is entering the premises you should make sure that he is under an obligation to cause as little disturbance to your business as possible and make good any damage caused. Many leases only oblige the landlord to make good any damage caused to the premises but what if he causes damage to valuable equipment or stock?
The landlord will sometimes seek the right to enter the premises to make good any failure by you to keep the property in good repair. It will usually be better for you to carry out such works at your convenience however so make sure the landlord is obliged to give you the chance to do the job yourself before he steps in.
Look out for the next instalment - F is for Forfeiture.
For further advice on commercial premises contact me on 01926 629005.
Steven Petty, Commercial Property Solicitor
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.