The Role of a Commercial Property Solicitor in New Lease Transactions

When it comes to granting or taking on a new commercial lease, many assume it’s a simple case of changing a name and tweaking a few terms. In reality, commercial leases are complex, high value legal documents that carry significant long term obligations for both landlords and tenants. That’s where a commercial property solicitor is essential.  

This article from Consultant Solicitor Katie Burgess discusses what commercial property solicitors do in new lease transactions and how they can assist you. 

What Commercial Property Solicitors Do  

Whether acting for a landlord or a tenant, our job as solicitors is to protect your legal and commercial interests throughout the lease negotiation and drafting process.  

• For Landlords: We ensure the lease secures your income, protects your asset, and gives you control where needed (e.g. rent reviews, repairs, assignment restrictions).  
• For Tenants: We scrutinise every clause to limit liabilities, avoid unexpected costs, and secure flexibility (such as break rights or limits on service charges).  

Beyond the Basics 

A well drafted lease affects more than just rent. Key areas like repairing obligations, alterations, insurance, subletting, and end of lease reinstatement can have costly consequences if not properly negotiated. What seems like a “standard clause” can shift thousands of pounds of liability.  

Solicitors also handle essential elements like: 

• Heads of Terms advice  
• Due diligence on the property and title  
• Registration at HM Land Registry  
• Stamp Duty Land Tax (SDLT) filing  

Why It Matters  

A poorly drafted lease can lock a tenant into an inflexible, expensive agreement or leave a landlord exposed to risk. These are binding, often long term contracts with serious legal weight, not a quick administrative fix, so it’s important to get legal advice that reflects this.  

In Summary  

Involving an experienced commercial property solicitor early in the lease process is not a luxury, it’s a necessity. Solicitors don’t just “fill in the blanks,” we manage risk, safeguard your position as a landlord or tenant, and help ensure your lease supports your business goals for years to come.  

Whether you’re a landlord or a tenant, contact Katie Burgess for advice on your commercial lease.