How complex do leases have to be?

During an average month I may see more than half a dozen different styles and forms of commercial leases pass across my desk.   The type of property and its location mainly dictates the type of lease. I may see anything from a lease for a small lock-up shop on Poole High Street to a factory unit on Upton Industrial Estate. I could be dealing with a major new office development in Swansea or part of a shopping centre in central London.

The quality of modern drafting is generally more consistent than its equivalent of a few decades ago, primarily due to the ability to reprint and re-create leases at the click of a mouse, but this ease of production has its downsides. Too often now I can be presented with a draft lease for a 3-year lease of a small unit based on a lease the landlord’s solicitor had used for a major new development, with all its minutely detailed provisions relating to service charges and approval for subletting. Whilst leaving no stone unturned, such leases are usually overkill, as they can run on for 80 pages or more, and invariably end up costing the landlord and tenant more, as the solicitor is under no less duty to advise.

Landlord’s can often save time and money and have a tenant completing a new lease sooner by choosing a solicitor who will carefully prepare the first draft so as to be as straightforward as possible given the length of the term and the type of property, whilst ensuring that the key issues are addressed in the document.