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Commercial Lease Advice for Landlords and Tenants

Trusted Guidance on Drafting, Assigning, Subletting, Break Clauses, and Lease Renewals

Commercial leases are a fundamental part of business property arrangements. They involve long-term commitments, complex obligations and significant financial implications, whether you are a landlord granting a lease or a tenant taking on new premises. Getting legal advice at an early stage can help you understand your rights and responsibilities, negotiate appropriate terms, avoid potential disputes and ensure your lease arrangements support your wider commercial objectives.

At Ellis-Fermor & Negus, we provide practical, commercially aware guidance on all aspects of commercial leases. Our team helps landlords and tenants navigate lease drafting, negotiation, assignments, subletting, break clauses and lease renewals, as well as other issues that can arise during the life of a commercial tenancy.

We can help you understand the implications of key lease provisions, identify potential risks and negotiate terms that properly protect your interests. Whether you are granting a new lease, taking on business premises, transferring an existing lease or considering how and when a tenancy can be brought to an end, we provide clear legal advice tailored to your circumstances.

 

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0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

infomation@ellis-fermor.co.uk

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‘A big thank you to Simon. The whole process was very smooth, and I highly recommend EFN. I always rely on their services for any matter, and they never disappoint.’

Simon Hale

Director and Head of Commercial Property

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Why choose Ellis-Fermor & Negus?

We combine technical precision with commercially practical advice to protect your business and property interests.

Extensive experience advising landlords and tenants across all types of commercial leases

Expertise in drafting, negotiating, and managing leases

Guidance on assignments, subletting, break clauses, and lease renewals

Practical solutions to disputes and compliance issues

Clear communication and realistic timelines

Speak to our team today to explore your options with no obligation

Meet the team

Smiling solicitor in a formal suit, representing Ellis-Fermor & Negus, a solicitors’ firm in the East Midlands.

Simon Hale

Simon is a Director and the Head of our Commercial Property Department. He has over 30 years’ experience and acts for a wide range of landlords, tenants, developers and investors on commercial property sales and purchases, leases, re-financing arrangements as well as advising on business asset sales and purchases. He has a particular interest in…

01159 221 591

s.hale@ellis-fermor.co.uk

Simon Hale is based at our Beeston Office.

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Daniel Brocklehurst

Dan joined the firm as a newly qualified solicitor in 2021. He completed his Law and Criminology LLB, Law LLM and LPC at Nottingham Law School. Dan is part of the Commercial Property department and is involved in property sales & purchases for investors and developers. Outside of work, Dan enjoys watching and participating in…

(0115) 922 1591

Daniel.Brocklehurst@ellis-fermor.co.uk

Daniel Brocklehurst is based at our Beeston Office.

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Jackie Abbott

Jackie has worked within the Commercial Property and Charity areas of law for over 21 years’ acting for individuals, companies and charities covering all aspects of property transactions including freehold and leasehold property.  Jackie also has experience with properties to be sold or purchased at auction. Prior to moving over to Commercial Property, Jackie had…

01773 821 665

jackie.abbott@ellis-fermor.co.uk

Jackie Abbott is based at our Belper Office.

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Simon Chevassut

Simon is a Solicitor currently working in the Commercial Property Department at our Beeston office. His work is varied and he enjoys working with churches, charities and businesses on a purchase, sale, lease, and property trusteeship transfers. He regularly assists individuals with independent guarantee advice appointments when they are buying or re-financing a property through…

0115 922 1591

simon.chevassut@ellis-fermor.co.uk

Simon Chevassut is based at our Beeston Office.

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Bethan Chart

Bethan Chart is a Paralegal in the Commercial Property team at our Beeston office. Bethan first came to Nottingham to study Law at the University of Nottingham. After graduating, Bethan joined the Property Department at Ellis-Fermor & Negus with a focus on commercial and charity property. Bethan can assist with sales and purchases as well…

0115 922 1591

bethan.chart@ellis-fermor.co.uk

Bethan Chart is based at our Beeston Office.

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Sophie Garner

Sophie began her time at Ellis-Fermor and Negus on Reception and quickly worked her way up to Secretary. As of July 2024 she is a Paralegal in the Property department. Sophie is also the Beeston Office Manager. Common areas of work include Company and Individual Buy to Lets, Auctions, Remortgages and Lease Extensions. In her…

0115 922 1591

sophie.garner@ellis-fermor.co.uk

Sophie Garner is based at our Beeston Office.

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Noah Boswell

Noah is a Paralegal in our Commercial Property Department at Beeston. He graduated from Nottingham Trent University with a BArch in Architecture before joining us as a Secretary in late 2023. As of September 2025, he is now working as a Paralegal. Outside of work, Noah lives with his wife Kate in Beeston. They enjoy…

0115 922 1591

noah.boswell@ellis-fermor.co.uk

Noah Boswell is based at our Beeston Office.

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Reviews, what our clients are saying…

‘I had an excellent experience with Bethan when she acted for me on a bridging loan to a charity, secured against a commercial property. She was professional, thorough, and a real pleasure to deal with throughout. She handled what was a time sensitive and complex transaction with clarity and confidence, giving me complete reassurance at every stage. I genuinely couldn’t have asked for better service and would highly recommend Bethan.’

‘The service we received from Simon was outstanding. He was quick to respond to our emails, kept us informed of developments and made sure we were happy with the process at every step. He was pre-emptive rather than reactive, which is a rare quality in the house buying business! We appreciated his expertise in making the buying process so smooth. To have secured our first house in such a short time frame is testament to his fantastic work ethic and commitment to customer service. A huge thank you to Simon and to Ellis-Fermor & Negus for your support throughout.’

‘Dan goes above and beyond for his clients. I always look forward to our meetings. In addition to the brilliant customer service, he is very knowledgeable and reliable.’

‘Sophie was amazing throughout the entire process. Her communication was excellent, she was always efficient, and nothing was ever too much trouble. She is without doubt the best solicitor I have ever worked with. Thanks Sophie!’

‘Simon was incredibly patient and understanding, which was well needed given the awkwardness of the client. I’ve used Ellis-Fermor & Negus once before and will continue to do so. Simon was excellent, informative and patient from start to finish.’

Frequently Asked Questions

A commercial lease is a legal agreement that gives a tenant the right to occupy property for business purposes. Unlike residential leases, commercial leases are highly negotiable and can be tailored to reflect the unique needs of both the landlord and the tenant. They typically include detailed clauses covering rent, service charges, repairs, insurance, break clauses, and renewal rights.

Commercial leases can apply to offices, retail units, industrial spaces, warehouses, and mixed-use buildings. They often run for multiple years, and failure to comply with lease obligations can have significant financial consequences. Seeking legal advice early ensures that both landlords and tenants understand their rights and responsibilities, avoid potential disputes, and protect their long-term interests.

Drafting a commercial lease is one of the most important steps for both landlords and tenants. A well-drafted lease clearly outlines the rights and obligations of each party, helping to prevent disputes before they arise.

Our solicitors provide comprehensive advice on all aspects of lease drafting. We review key terms including rent, service charges, repairs, maintenance, insurance obligations, and compliance with local property regulations. We also advise on clauses that address unusual risks or commercial arrangements, such as shared access, subleasing rights, or tenant incentives. Early legal involvement ensures leases are legally robust, commercially practical, and tailored to the parties’ requirements.

Tenants may wish to assign their lease to a new occupier or sublet part of the premises, for example if their business expands or relocates. Landlords may need to grant consent or enforce covenants to protect their investment.

We guide clients through the assignment and subletting process, reviewing lease terms and landlord consent requirements, drafting legal agreements, and negotiating the necessary approvals. Proper legal handling ensures that assignments and subleases are enforceable, minimise financial and legal risks, and comply with the lease. This is particularly important for multi-tenant properties or complex commercial arrangements, where errors can lead to disputes or financial loss.

Break clauses allow landlords or tenants to terminate a lease early, but they must be exercised precisely according to the terms of the lease.

We advise on eligibility, drafting notices, fulfilling conditions such as rent payments or repairs, and negotiating exit terms. Acting incorrectly can result in losing the right to terminate the lease or financial penalties. Our goal is to ensure the process is smooth, legally compliant, and minimises risk to both parties. Break clauses are often overlooked until a strategic decision is required, so early legal guidance is invaluable.

As leases approach expiry, tenants may seek to renew, and landlords must prepare for negotiations on terms and rent. Renewal can be straightforward or complex, depending on statutory rights, rent reviews, and the lease’s original terms.

Our solicitors advise on all aspects of lease renewal, including negotiating updated terms, protecting statutory rights, and drafting agreements that reflect current commercial realities. We also assist in resolving disputes over rent, obligations, or repairs, ensuring that both tenants and landlords can secure continuity and protect their investments.

Commercial leases often give rise to disputes or difficulties. Some of the most common challenges include:

  • Unclear obligations or poorly drafted clauses
  • Disputes over rent, service charges, or repairs
  • Unauthorized subletting or assignment
  • Mistakes when exercising break clauses
  • Lease renewals and rent review disagreements
  • Repairing obligations and dilapidations

Early legal advice can help landlords and tenants navigate these issues, prevent disputes, and enforce rights effectively. We work proactively to manage obligations and ensure compliance with lease terms, reducing both risk and stress.

An assignment transfers the tenant’s entire interest in a lease to another party, usually releasing the original tenant from ongoing obligations. Subletting allows another party to occupy part or all of the property while the original tenant remains legally liable. Solicitors ensure that assignments and subleases comply with lease terms, obtain landlord consent where necessary, and clearly define obligations.

Break clauses must be exercised strictly according to lease terms. This often includes serving formal notice within a specified timeframe and fulfilling any preconditions, such as paying outstanding rent or completing repairs. Legal guidance ensures compliance, prevents disputes, and secures the client’s right to terminate the lease.

Yes. Lease terms can often be renegotiated during assignment, subletting, or renewal. Negotiable elements may include rent, service charges, repairs, and tenant obligations. Solicitors ensure negotiations comply with lease provisions and statutory rights while achieving commercially fair outcomes.

Yes. Commercial leases are complex, with long-term obligations and potential liabilities. Solicitors draft agreements to clearly define responsibilities, protect financial interests, and reduce the risk of disputes. Professional guidance anticipates potential issues, including rent reviews, break clauses, and compliance obligations.

Non-compliance can result in financial loss, legal action, or even forfeiture. Early legal advice helps landlords enforce obligations correctly, explore remedies like formal notices or mediation, and minimise disputes. Tenants also benefit from guidance to ensure compliance and avoid conflicts that could affect business operations.

Timescales vary depending on complexity. Simple lease assignments or renewals can take a few weeks, whereas break clauses, disputed assignments, or complex renewals may take several months. Early legal advice ensures efficient management and reduces delays.

Yes. Our solicitors advise both landlords and tenants but act for one party per case to avoid conflicts of interest. Each client receives independent, tailored advice to protect their position.

If you are a landlord or tenant seeking guidance on commercial leases, our team provides specialist advice and practical solutions:

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

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