Commercial Landlord and Tenant Solicitors in London
Advice for commercial freeholders, landlords and business tenants on lease renewals, rent reviews, break clauses and lease disputes.
Adam Bernard Solicitors act for commercial landlords, freeholders and business tenants in London on every stage of a commercial lease after it is signed — lease renewals under the Landlord and Tenant Act 1954, rent reviews, break clauses, service charges, dilapidations, rent arrears and lease disputes. Our SRA-regulated property solicitors advise from offices in High Holborn and Upton Park, and by video on Zoom, Teams, WhatsApp and Skype.
A commercial lease governs the relationship between landlord and tenant for years, often decades. Most of the cost and risk arises not when the lease is signed but while it runs: a rent review deadline missed, a break notice served on the wrong party, a renewal notice that triggers the wrong timetable, or a dilapidations claim at the end of the term. We help you get these steps right the first time.
Call 0207 100 2525 (24/7) or book a consultation.
Residential landlord or tenant? This page covers business premises — shops, offices, restaurants, warehouses and other commercial property. For houses and flats (evictions, possession claims, disrepair, deposits), see our residential landlord and tenant solicitors.
Who we act for
We act for both sides of the commercial lease relationship:
- Commercial landlords and freeholders — individual investors, property companies and family-owned freeholds letting shops, offices and mixed-use buildings across London.
- Business tenants — sole traders, start-ups, retailers, restaurants and established companies occupying commercial premises.
- Guarantors — directors and parent companies who have guaranteed a tenant’s lease obligations.
We never act for both the landlord and the tenant on the same transaction.
Which commercial lease service do you need?
| Your situation | Where to go |
|---|---|
| Taking or granting a new commercial lease | Granting a commercial lease |
| Selling or transferring your lease to a new tenant | Commercial lease assignment |
| Agreeing with the landlord to end the lease early | Surrendering a commercial lease |
| Buying or selling a commercial building | Commercial property sales and purchases |
| Renewing a lease, a rent review, a break, a service charge dispute, dilapidations, arrears or a breach | This page — read on |
Lease renewals under the Landlord and Tenant Act 1954
Most business tenants in England and Wales have a statutory right to a new lease when their current lease ends, unless the lease was “contracted out” of the Landlord and Tenant Act 1954 or the landlord can prove a statutory ground for refusing renewal. This is known as security of tenure, and it is set out in Part 2 of the Landlord and Tenant Act 1954.
A protected tenancy does not simply end on its expiry date. It continues on the same terms until it is brought to an end by one of the statutory procedures:
- Section 25 notice (served by the landlord) — either offers a new lease on proposed terms or opposes renewal. It must give between 6 and 12 months’ notice and be in the prescribed form.
- Section 26 request (served by the tenant) — asks for a new lease on the tenant’s proposed terms, again giving 6 to 12 months’ notice.
- Section 27 notice — lets a tenant who does not want to renew bring the lease to an end.
Grounds a landlord can rely on to oppose renewal are listed in section 30(1). They include persistent rent arrears, breach of repairing or other obligations, suitable alternative accommodation, redevelopment, and the landlord intending to occupy the premises itself. Where a landlord succeeds on a “no-fault” ground such as redevelopment, the tenant may be entitled to statutory compensation under section 37.
Interim rent can be claimed by either party under section 24A for the period while the old lease continues and the new terms are agreed or decided by the court.
The deadlines in this process are strict. A notice served late, in the wrong form, or on the wrong party can cost a tenant its right to renew or cost a landlord months of delay. If the lease was contracted out, there is no automatic right to renew, and the tenant must leave at the end of the term unless a new lease is negotiated.
Reform under review: the Law Commission is reviewing Part 2 of the 1954 Act and ran a second consultation on business tenancies, which closed on 16 September 2026. No changes have been made to the law yet; the current rules continue to apply.
How we help: we serve and respond to section 25 notices and section 26 requests, negotiate renewal terms and interim rent, challenge or rely on opposition grounds, and issue renewal proceedings where agreement cannot be reached.
Rent reviews
A rent review clause lets the rent be adjusted at set points during the lease — usually to open market rent, an index such as RPI or CPI, or a fixed increase. The lease sets out who can trigger the review, the deadlines, the assumptions the valuer must make, and how disputes are resolved (normally by an independent expert or arbitrator).
Common problems we resolve:
- Missed trigger notices or counter-notices — whether time is “of the essence” depends on the exact wording of the lease.
- Disputed assumptions — for example, whether tenant’s improvements are disregarded when setting the new rent.
- Late reviews — many leases allow a review to be triggered after the review date, sometimes with backdated rent plus interest.
Upwards-only rent reviews are being banned. The English Devolution and Community Empowerment Act 2026 received Royal Assent on 29 April 2026 and will prohibit upwards-only rent review clauses in new and renewal business leases in England and Wales. The ban is not yet in force; it starts on a date to be set by commencement regulations. Existing leases keep their current clauses, but renewal arrangements entered into from 17 March 2026 can be caught. Our granting a commercial lease page explains how the ban affects new leases.
Break clauses
A break clause lets the landlord, the tenant, or both end a fixed-term lease early on a set date, but only if every condition in the clause is met exactly. Courts interpret break conditions strictly, and a break that fails leaves the tenant liable for rent for the rest of the term.
Typical conditions include giving notice within a set window and in a set form, paying all rent and other sums due up to the break date, and giving vacant possession. We check the clause, prepare and serve the break notice on the correct party at the correct address, and advise on what “vacant possession” requires in practice. For landlords, we review whether a tenant’s break has been validly exercised.
If both parties simply want to end the lease by agreement, a lease surrender may be the better route.
Service charges
Commercial service charges are governed almost entirely by the wording of the lease. The statutory protections that apply to residential leaseholders under the Landlord and Tenant Act 1985 do not apply to business premises, so the lease drafting decides what a landlord can recover and how a tenant can challenge it.
We advise tenants on challenging unreasonable or unrecoverable costs, requesting supporting accounts and invoices, and disputing major works charges. We advise landlords and freeholders on recovering service charges properly, drafting clear apportionment and reserve fund provisions, and avoiding disputes at year-end reconciliation.
Dilapidations at the end of a lease
Dilapidations are the repairs and reinstatement works a tenant must carry out — or pay for — when a commercial lease ends, as required by the lease’s repairing, decoration and reinstatement covenants. GOV.UK guidance on business tenant responsibilities notes that any repair responsibility not mentioned in the lease will usually fall on the tenant.
Two rules shape most dilapidations claims:
- The statutory cap. Under section 18(1) of the Landlord and Tenant Act 1927, damages for breach of a repairing covenant cannot exceed the amount by which the value of the landlord’s interest has been reduced. A claim for the full cost of works can be reduced significantly — or defeated — where the landlord intends to redevelop.
- The pre-action protocol. Claims should follow the Pre-Action Protocol for Claims for Damages in relation to the Physical State of Commercial Property at Termination of a Tenancy, including a schedule of dilapidations, a quantified demand and a response from the tenant.
We act for landlords preparing and pursuing claims and for tenants responding to schedules, negotiating settlements and agreeing a cash payment in lieu of works. Tenants should take advice well before lease expiry or a break date — carrying out works in time can be far cheaper than paying a claim afterwards.
Rent arrears, breaches and forfeiture
A commercial landlord has several remedies when a tenant falls into arrears or breaks the lease: a debt claim, Commercial Rent Arrears Recovery (CRAR), claiming against a guarantor or rent deposit, or forfeiture of the lease. Choosing the wrong remedy, or acting inconsistently, can waive the landlord’s right to forfeit.
- Commercial Rent Arrears Recovery (CRAR) — under Part 3 of the Tribunals, Courts and Enforcement Act 2007, an enforcement agent can take control of a tenant’s goods to recover unpaid rent on purely commercial premises. At least seven days’ rent must be outstanding, and the tenant must be given notice of enforcement first. CRAR covers rent only, not service charges or insurance.
- Forfeiture for non-payment of rent — usually possible after the period set in the lease, by court proceedings or peaceable re-entry. Re-entry carries legal risk and must be handled carefully.
- Forfeiture for other breaches — the landlord must first serve a notice under section 146 of the Law of Property Act 1925 giving the tenant a chance to remedy the breach.
- Relief from forfeiture — tenants, and in some cases mortgagees and subtenants, can apply to court for the lease to be restored.
We act for landlords recovering arrears and enforcing covenants, and for tenants defending forfeiture, applying for relief and negotiating payment plans.
Consents, licences and lease variations
During a lease, tenants often need the landlord’s consent — for alterations, a change of use, underletting part of the premises or sharing occupation with a group company. Where the lease says consent cannot be unreasonably withheld, section 19 of the Landlord and Tenant Act 1927 supports that position.
We prepare and negotiate licences for alterations, licences to underlet, change-of-use licences, rent deposit deeds and deeds of variation, acting for either landlord or tenant. For transferring the whole lease to a buyer, see our commercial lease assignment solicitors.
Acting for commercial freeholders
Freeholders of commercial and mixed-use buildings face a steady flow of tenant requests, renewals and payment issues. We act as ongoing legal advisers to commercial freeholders across London, handling:
- 1954 Act notices and renewal negotiations across a portfolio
- Rent review triggers and expert determination
- Arrears recovery, CRAR and forfeiture
- Licences, consents and deeds of variation
- Dilapidations claims at lease end
- Lease regears ahead of the upwards-only rent review ban
How the process works
- Initial consultation — by phone, in person at High Holborn or Upton Park, or by video. Send us the lease and any notices or correspondence.
- Lease review — we identify your rights, obligations, deadlines and the strongest route forward.
- Written advice and fee estimate — clear options in plain English, with costs set out before work starts.
- Action — we serve or respond to notices, negotiate with the other side and their surveyor, and draft the documents.
- Resolution — completion of the renewal, licence or settlement, or court or tribunal proceedings where necessary.
Why choose Adam Bernard Solicitors?
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory.
- 15 years in practice and more than 15,000 clients served.
- Both sides of the lease — experience acting for landlords and tenants means we know how the other side will argue.
- Two London offices — High Holborn (Central London) and Upton Park (East London), plus video consultations on Zoom, Teams, WhatsApp and Skype.
- Plain-English advice with clear fee estimates.
Speak to our commercial landlord and tenant solicitors today on 0207 100 2525 or get in touch online.
This page is for general information only and does not constitute legal advice. Contact us for advice on your specific circumstances.
Frequently asked questions
What does a commercial landlord and tenant solicitor do?
A commercial landlord and tenant solicitor advises landlords and business tenants on their rights and obligations under a commercial lease. This includes lease renewals under the Landlord and Tenant Act 1954, rent reviews, break clauses, service charges, dilapidations, rent arrears, forfeiture and landlord's consents.
Does my business tenant have the right to renew the lease?
Most business tenants in England and Wales have a statutory right to renew under Part 2 of the Landlord and Tenant Act 1954. The main exceptions are leases that were contracted out of the Act before the lease was granted, and cases where the landlord proves one of the statutory grounds for opposing renewal in section 30(1).
How much notice must a section 25 notice give?
A section 25 notice must be served at least 6 months and no more than 12 months before the termination date it specifies. That date cannot be earlier than the date the lease would otherwise have ended.
Can a commercial landlord take goods for unpaid rent?
Yes, through Commercial Rent Arrears Recovery (CRAR) under the Tribunals, Courts and Enforcement Act 2007. It applies only to purely commercial premises, requires at least seven days' rent to be outstanding, and the tenant must receive notice of enforcement before goods are taken.
Who pays for dilapidations at the end of a commercial lease?
Usually the tenant, to the extent the lease's repairing, decorating and reinstatement covenants require. The landlord's damages are capped by section 18(1) of the Landlord and Tenant Act 1927 at the reduction in the value of the landlord's interest.
Is the upwards-only rent review ban in force?
Not yet. The English Devolution and Community Empowerment Act 2026 received Royal Assent on 29 April 2026, but the ban will only start on a date set by commencement regulations. Existing leases keep their current rent review clauses, though renewal arrangements entered into from 17 March 2026 can be caught.
Do you also act for residential landlords and tenants?
Yes. Our residential landlord and tenant solicitors handle evictions, possession claims, disrepair and tenancy deposit disputes for houses and flats.
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