FAQs

In many cases, yes. Business tenants may have legal protection under the Landlord and Tenant Act 1954, which can give them the right to remain in the premises and request a new lease when the current term ends.

However, not all leases qualify for protection. Some leases are “contracted out” of the Act, meaning the tenant does not have an automatic right to renew.

For example, a café owner trading successfully from the same premises for 10 years may have the right to request a new lease when their current lease expires. In contrast, another tenant may discover their lease was contracted out at the beginning of the tenancy and therefore has no automatic renewal rights.

We can help by:

• Reviewing whether the lease is protected
• Explaining renewal rights and deadlines
• Advising on landlord opposition grounds
• Negotiating new lease terms
• Protecting business continuity

Obtaining advice early is important, as strict notice procedures and timescales apply.

It is usually sensible to begin discussions at least 6–12 months before the lease expiry date.

This allows enough time to:

• Negotiate rent and lease terms
• Review the business’s future property needs
• Resolve disputes
• Avoid uncertainty or disruption to trading

For example, an office tenant who leaves negotiations too late may face pressure to accept unfavourable rent increases to avoid relocation costs. Equally, a landlord planning redevelopment may need sufficient time to recover possession lawfully.

We can assist by:

• Serving statutory notices
• Managing renewal timetables
• Negotiating terms with the other party
• Advising on interim rent and tenancy continuation rights
• Coordinating with surveyors and agents

Starting the process early often leads to smoother negotiations and stronger bargaining positions.

In certain circumstances, yes. Under the Landlord and Tenant Act 1954, landlords can oppose lease renewals on specific legal grounds.

Common grounds include:

• Persistent rent arrears
• Breach of lease obligations
• Tenant disrepair
• Landlord intention to redevelop the property
• Landlord intending to occupy the premises themselves

For example, a landlord may refuse renewal of a warehouse lease if they genuinely intend to redevelop the site into residential apartments. Alternatively, a tenant with repeated rent arrears may struggle to secure a new tenancy.

Where a landlord opposes renewal, disputes can become complex and may involve court proceedings.

We can help by:

• Assessing whether opposition grounds are valid
• Advising on compensation rights
• Negotiating settlements
• Representing landlords or tenants in court proceedings
• Protecting ongoing commercial interests

The legal position should be reviewed carefully before any notices are served.

A lease renewal is an opportunity for both landlord and tenant to renegotiate key commercial terms.

Common negotiation points include:

• Rent levels
• Lease length
• Break clauses
• Repair obligations
• Rent review provisions
• Service charges
• Permitted property use
• Alienation rights (assignment or subletting)

For example, a retail tenant may negotiate a shorter lease term with a tenant break option to provide flexibility during uncertain trading conditions. A landlord may seek stronger repairing obligations or increased rent review protections.

We can assist by:

• Reviewing heads of terms
• Negotiating lease clauses
• Explaining legal and financial risks
• Ensuring lease documents reflect agreed terms
• Protecting long-term business objectives

A carefully negotiated lease can provide greater flexibility and reduce future disputes.

If the parties cannot agree terms, either side may apply to the court for determination before statutory deadlines expire.

The court can decide issues such as:

• Whether the tenant is entitled to a new lease
• The length of the renewed lease
• Market rent
• Other lease terms

For example, a landlord and office tenant may disagree significantly on rental value following market changes. Rather than losing renewal rights, an application may need to be issued to preserve the tenant’s legal position while negotiations continue.

Many disputes are resolved through negotiation or mediation before reaching a final court hearing.

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We can assist by:

• Protecting critical deadlines
• Preparing court applications
• Negotiating settlements
• Coordinating with valuers and surveyors
• Representing clients throughout the dispute process

Early legal advice can often prevent matters escalating unnecessarily.