Commercial Property in 2026: What Business Owners Should Be Thinking About Now

January 30, 2026

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Commercial property decisions are rarely made with just the short-term in mind. Whether a business is acquiring premises, entering into a lease, renewing an agreement or planning future expansion, the legal framework put in place today can have long-lasting consequences.

As we move through 2026, many business owners are taking stock of their arrangements and asking whether their current property setup still supports their wider commercial objectives. At Marsons Solicitors, our commercial property team regularly advises clients on these issues, helping them navigate risk, plan ahead and avoid costly surprises.

Why Commercial Property Requires Early Thought

Unlike residential transactions, commercial property arrangements often involve more complex documentation, longer commitments and greater financial exposure. Lease terms, repair obligations and use restrictions can all affect how a business operates sometimes years after the agreement was first signed.

Reviewing your position early allows you to understand where flexibility exists, where risks may sit, and whether changes are needed before they become urgent.

Key Issues Business Owners Often Overlook

While every transaction is different, there are several common areas that frequently cause difficulty if not properly addressed from the outset.

Lease terms and break clauses

Break clauses are often assumed to provide an easy exit, but they usually come with strict conditions. Missing a notice deadline or failing to comply fully with the lease can render a break ineffective, leaving a business tied in longer than expected.

Repair and dilapidations obligations

Commercial leases can impose significant repairing responsibilities. At the end of a lease, dilapidation claims can result in unexpected costs if obligations have not been fully understood or managed throughout the term.

Use restrictions and planning considerations

The permitted use of a property under a lease or title may not align with how a business intends to operate. Changes in business model, expansion, or diversification can all be restricted if the legal position is not flexible enough.

Assignment, subletting and future flexibility

As businesses evolve, the ability to assign or sublet premises can become crucial. Restrictions in leases may limit these options, affecting future strategy or exit planning.

The Value of Early Legal Advice

Seeking legal advice at an early stage, whether when entering a new arrangement or reviewing an existing one, can help businesses:

 

●  identify hidden risks and obligations

●  understand long-term financial exposure

●  negotiate more favourable terms

●  plan for future growth or change

●  avoid disputes further down the line

Commercial property law is not simply about completing a transaction; it is about putting structures in place that support a business over time.

Looking Ahead

Later this year, Marsons Solicitors will be releasing a Commercial Property Guide designed to explore these issues in greater detail. The guide will provide practical insight into common commercial property arrangements and help business owners better understand their rights, responsibilities and options.

In the meantime, our Commercial Property team continues to advise businesses across Bromley, Kent and beyond on acquisitions, disposals, leases and renewals to offer clear, commercially focused advice tailored to individual business needs.

If you are reviewing your commercial property arrangements in 2026, early guidance can make a meaningful difference. Why not follow us on Facebook, Instagram, LinkedIn and X to stay up-to-date?

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