Commercial Landlord and Tenant Solicitors York, Wetherby & Malton
The law and the terms of the lease agreement between landlord and tenant will determine which party is responsible for certain aspects of the commercial property.
Whether you are a commercial landlord or tenant who needs advice on lease terms, responsibilities, or the need to deal with a dispute, at Ware and Kay Solicitors, we have the expertise to help negotiate an agreement or resolve any issues that may subsequently arise.
Duties and Responsibilities
A landlord's obligations and responsibilities may be in legislation or form part of the lease agreement. It is essential that both landlords and tenants understand their respective responsibilities. Whether you are a landlord or a tenant, you have a duty to ensure the premises are well maintained and provide a safe, healthy place for people to work. Several regulations must be observed, including the following:
- Gas Safety Regulations refer to the obligations to gas safety and the maintenance of all gas installations. Failure to adhere to the Regulations could result in a fine or even imprisonment.
- Under Fire Safety Orders, duties include carrying out risk assessments and ensuring that the premises, equipment and emergency routes and exits are properly maintained.
- The law places a responsibility on the landlord to ensure that electrical safety standards are maintained
- There is a duty to manage asbestos under Control Regulations.
- The tenant must comply with health and safety laws. The landlord is responsible for any health and safety aspects relating to communal areas defined in the lease.
- Minimum Energy Efficiency Standards-since April 2018 detailed Regulations require “eligible” properties to have a minimum energy performance rating.
Unfortunately, disputes can arise between tenants and landlords. This could be because of a variety of problems such as non-payment of rent. Other causes include:
Dilapidations: the tenant is obliged to return the property to its original state and, if agreement cannot be reached, the landlord may use the situation to withhold the tenant’s deposit.
Break Clauses: these clauses allow a tenant to leave the property early, but the landlord will wish to ensure this is on the contractual terms.
Sub-letting: modifying or sub-letting without permission.
In case of a dispute, it is imperative for each party to seek legal advice on their rights and responsibilities. No matter what the dispute is, we can provide you with the right assistance and relevant advice.
A tenant has the right to renew the lease, but the landlord must be advised in advance. Alternatively, the landlord may serve notice to end the lease. In either case, we can assist with negotiations, compliance with the statutory process, and protection of rights.
Contact Our Commercial Landlord and Tenant Lawyers in Yorkshire
At Ware and Kay, Solicitors, we have the expertise to advise both landlords and tenants in all aspects of the landlord and tenant relationship.
To find out more about our Commercial Property services and how we can help you, call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online enquiry form and we will get back to you right away.