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Landlord And Tenant

Oakwood Property Solicitors specialise in all aspects of property management and lease agreements for both landlords and tenants. Our team is here to settle any disputes and empower you to make the right decision on all types of properties.

Removing any complexity in the landlord and tenant relationship

Landlord and tenant relationships are complex and there are times when outside help is required to find a solution, which is where Oakwood Property Solicitors can provide assistance.

For landlords, we understand that your property is an important source of income and you want to take the utmost care of it. We also understand the perspective of commercial tenants who are looking for lease agreements and expect a property they can feel at home in.

Whether you are a landlord or a tenant, our astute solicitors have the knowledge to help both parties reach the best possible solution and provide peace of mind.

How do we do it?

As a recognised Conveyancing Quality Scheme (CQS) practice, it is essential that we are able to apply industry best practices when managing the dynamic between a landlord and tenant(s). Communication is key and when representing either party we will carry out tasks such as:

Landlords

  • Ensure that rent deposit deeds are properly set up to cover any losses and expenses
  • Draft up lease management documents to help landlords get the consent they need from tenants
  • Provide advice on leasing agreements for additional landlord protection

Tenants

  • Protecting the rights of tenants in cases of lease renewal and stamp duty cases
  • Helping tenants obtain permission from their landlord to sell their lease to someone else
  • Break down and explain any technical jargon and confusing documentation

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What types of landlord and tenant services do we offer?

Leases

Leases are a complex and ever-changing area of property law and it is important to get the terms of the lease rise. The lease can impact the value of a property for landlords and tenants and create a larger finance burden than intended.

Oakwood Property Solicitors has a depth of commercial knowledge in drafting lease agreements for all types of commercial property, such as industrial units, retail parks and office spaces.

We can act on the behalf of landlords and tenants, always ensuring that clients are fully protected by the terms of the lease that is granted. Please note that a lease granted for more than 7 years must be registered with the land registry and contain extra clauses and provisions.

Rent Deposit Deeds

A rent deposit deed is a sum of money paid by a tenant to the landlord upon granting a lease. The rent deposit deed is the document that determines how a landlord will secure a commercial tenant’s deposit. It will also deal with the circumstances when the landlord can use the rent deposit money and when it must be returned to the property.

Having a correct rent deposit deed in place ensures that the landlord is covered for any losses and expenses that may be incurred if the tenant does not comply with the lease covenants. It is also important for a tenant to know how their money is held and to be safe in the knowledge that it cannot be spent inappropriately by the landlord.

We will advise on what should be included in the rent deposit deed and draft the documentation to ensure our clients are protected.

Security of Tenure

Security of tenure means that where there is a commercial lease on a property between a landlord and tenant, the latter has the right to renew the lease when the terms come to an end if the property is being used for the operation of a business. If a landlord wants to get their property back from the tenant once the lease terms have ended, they will have to follow the procedure set out in the Landlord and Tenant Act 1954, showing the reasons why a renewal lease should not be granted.

There are prescribed forms which must be used by both the landlord and tenant during the lease renewal procedure and Notices that must be served. These must be served within specific timescales to protect rights.

We can ensure that the process of securing your lease renewal is as painless and stress-free as possible.

Lease Management

We can assist will all areas of lease management, such as licence to assign, Authorised Guarantee Agreements, licence for alterations and underlettings.

Commercial landlords are often required to give specific consent for tenants to undertake any types of works at their property. The process of creating these legal documents can often be complex as they vary from case to case. Works carried out by the tenant may enhance the value of the property or could reduce it, so the landlord needs to ensure this is carefully regulated.

Alterations can also have implications on rent review, so it is important to obtain full legal advice from Oakwood Property Solicitors to discuss the implications of the works.

When one tenant wishes to sell their lease to another, they will usually need to obtain permission from the landlord, and we can help with the paperwork involved.

Lease Renewal

When the tenant has a lease that is protected under the security of tenure provisions, the renewal lease has to be negotiated and entered into. The Landlord and Tenant Act 1954 provides that the new lease must be on substantially the same terms as the previous one, except for any updating to reflect changes in the law.

We can thoroughly check the new lease to ensure that obligations contained within it do not place an additional burden on the tenant and ensure that the landlord is issuing a lease that is compliant with the law. The level of rent payable under the renewal lease can be negotiated between the landlord and tenant and if there is a disagreement then the parties can refer this to the court. However, any court action is time-consuming and can be costly, so it is far better to agree this with the landlord. ​

Want to know more?

To find out more about our commercial services, get in touch via the contact or call us today on 0113 218 5727.

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