Do I Need a Solicitor for a Commercial Lease? The Best Way to Protect Your Business in 2025
Do I Need a Solicitor for a Commercial Lease in the UK?
Introduction
*updated September 2025
If you’re asking “do I need a solicitor for a commercial lease?”, the short answer is: you don’t have to, but you probably should. A good solicitor can spot expensive traps, fix unfair clauses, and keep you on the right side of tax and registration rules. In plain terms: small fee now, big headaches avoided later.
Table of Contents
What is a commercial lease?
A commercial lease is the rulebook for using a business space. It sets the rent, the term, who fixes what, and how you can leave. It’s not like a short residential tenancy. These documents are long, detailed, and unforgiving if you miss something.
Think of it like buying a van for work. You wouldn’t grab the first one off the forecourt without checking the history, the warranty, and what happens if it breaks. Same idea here. Only the numbers are bigger.
How to complete a commercial lease (step-by-step)
Here’s the simple version. No fluff.
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Agree Heads of Terms. Rent, length, repairs, rent review, break rights. Put the big points in writing early.
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Do basic checks. Title, planning, EPC, asbestos, services. Don’t assume. Ask.
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Landlord issues the draft lease. This is the baseline, not the final.
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Your solicitor reviews and negotiates. This is where money gets saved.
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Sign and complete. Make sure you meet any pre-conditions (insurance, deposits, guarantees).
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Post-completion. Pay SDLT if due and register the lease if it runs 7+ years.
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Move in. Keep a clean paper trail for everything agreed.
You can do parts of this yourself. But if you want the last 10 years of experience in your corner, bring in a specialist.
Benefits of using a solicitor (Top 10)
Let’s keep it real. This is what a sharp solicitor does for you—day in, day out:
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Cuts hidden repair liability. Limits what you’re actually on the hook for.
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Secures fair rent reviews. Avoids “only up, never down” surprises.
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Builds a usable break clause. So you can leave without tripping over tiny print.
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Caps service charges. No blank cheque for communal costs.
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Protects renewal rights. Explains the Landlord & Tenant Act 1954 in plain English.
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Meets tax/registration deadlines. SDLT and Land Registry aren’t optional.
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Tightens landlord consents. For fit-outs, signage, subletting, or assignments.
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Speeds everything up. Fewer rewrites. Fewer “can we just” emails.
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Stops scope creep. Keeps the document to what you agreed, not “and another thing.”
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Saves real money. Not theory—on repair bills, rent mechanics, and exit costs.
Cost of legal help: who pays and how much?
Let’s talk numbers. These are typical UK ranges for straightforward matters (complex sites cost more):
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New lease (tenant or landlord side): ~£1,200–£3,500 + VAT
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Lease renewal: ~£750–£2,000 + VAT
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Licence for alterations / underletting: ~£500–£1,500 + VAT
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Assignment: ~£1,000–£2,500 + VAT
Who usually pays what?
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You pay your own solicitor.
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For landlord consents (e.g., alterations), tenants often pay the landlord’s legal/admin fees too.
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You can (and should) agree caps at Heads of Terms. That single line can save you a lot.
Quick win: Ask for a written fee estimate and scope. Check disbursements (searches, Land Registry, SDLT filing) so there are no surprises.
Top Tips: how to keep legal costs sensible
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Write clean Heads of Terms. If the big points are fuzzy, the bill won’t be.
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Send everything once. Plans, EPC, fit-out drawings—bundle it and label it.
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Decide your red lines early. Repairs, rent review, break conditions.
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Use a schedule of condition. Photos + notes = lower future repairs.
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Cap landlord fees. Put it in the HoTs; avoid open-ended “reasonable costs.”
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Pick a decision-maker. One person on your side signs off comments.
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Ask about fixed fees. Some stages can be fixed, others capped.
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Don’t renegotiate the deal in the lease. Commercial points belong in HoTs.
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Be responsive. Fast replies = fewer chasers = less cost.
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Keep calls focused. Agree the agenda before the call. Ten minutes well spent saves hours later.
What clauses matter most (and why)?
This is where the money lives:
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Repairs / FRI. Full repairing and insuring means the full burden. Do you really want the roof and structure? Many tenants don’t. Negotiate limits or a schedule of condition.
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Rent review. Annual indexation? Open market? Upward-only? Ask how it works in numbers, not just words.
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Break clause. Can you leave early? What conditions apply? Rent paid up? Dilaps done? Get clarity.
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Service charge. Is there a cap? What’s included? Are you paying for the car park re-surfacing and the neighbour’s roof?
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Security of tenure (1954 Act). Protected or “contracted out”? This decision shapes your long-term position.
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Alterations and signage. What needs consent? What must be reinstated? Put it in black and white.
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Alienation (assignment/underletting). If you need to pass the lease on, can you? On what terms?
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Insurance and uninsured risks. Who pays the excess? What if an uninsured event hits?
You don’t need to be a lawyer to grasp the basics. You just need someone who reads this stuff every day.
Common risks and mistakes to avoid
Here’s the greatest-hits list we see in real life:
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No schedule of condition with an FRI lease. Hello, mystery roof.
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Break clause traps (e.g., “no arrears of any sums” or strict notice methods).
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Unlimited service charge with structural items buried in definitions.
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Upward-only rent reviews accepted without challenge.
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Contracting out of the 1954 Act without understanding what you’re giving up.
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Missed post-completion steps (SDLT, registration) that cause admin pain later.
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Consent costs uncapped, so you fund both sides on every small change.
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Vague Heads of Terms that invite endless rounds of drafting.
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Assuming “standard” terms. There’s no such thing. Every lease is its own animal.
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Signing in a hurry. You inherit every line you don’t read.
Best way to protect your renewal rights (LTA 1954)
Security of tenure gives many business tenants the right to a new lease at the end of the term. That’s the Landlord & Tenant Act 1954 at work. Landlords can “contract out” of those rights if the proper notices and declarations are done before completion.
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Want stability? Stay protected if you can.
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Need flexibility? Contracting out might suit you—just go in with eyes open.
If you want the official line, start here:
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GOV.UK: Renting business property—tenant responsibilities (clear, practical overview): https://www.gov.uk/renting-business-property-tenant-responsibilities
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Legislation: Landlord and Tenant Act 1954 (the source text): https://www.legislation.gov.uk/ukpga/Eliz2/2-3/56
Alternatives to a full lease: when they make sense
Leases aren’t the only way to trade from a space.
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Licence to occupy. Short, simple, flexible. Good for pop-ups and trials.
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Serviced offices / co-working. One bill, shared kit, minimal hassle.
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Short-form leases. Tighter, cleaner, less to argue about.
If you’re testing a new location or you hate long commitments, these can be a smart stepping stone.
How long does it all take?
Most straightforward leases land in 2–6 weeks from Heads of Terms to completion. You’ll be faster if:
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HoTs are tight.
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Searches come back clean.
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There’s no lender or complex fit-out.
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Everyone answers emails within a day.
If the building is quirky, listed, or needs heavy works, expect longer. That’s normal.
Mini case study: the £30k repair that wasn’t yours
A client loved a high-street unit. Nice frontage. Great footfall. The draft lease was FRI with no schedule of condition.
The roof looked tired. The brickwork had cracks.
We pushed for a schedule of condition and excluded structural repairs from the tenant’s list. Six months later the roof failed. The landlord paid. Our client didn’t. Estimated saving: ~£30,000.
Was the schedule annoying to arrange? A little. Was it worth it? Absolutely.
Emerging trends for 2025
A few shifts to keep on your radar:
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Rent reviews under pressure. Upward-only reviews have drawn criticism. Expect more debate and, in some cases, alternatives like indexed or market-linked reviews that can move both ways.
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Greener leases. Landlords are adding “green clauses”—think EPC targets, energy data sharing, and obligations on plant upgrades.
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Shorter terms, more breaks. Flex matters. Many tenants won’t sign decade-long commitments without break options.
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Digital conveyancing. E-signatures, smarter data rooms, and clearer audit trails are making deals faster and tidier.
If you’re negotiating this year, ask how these points appear in your draft.
FAQs
1) Is a solicitor mandatory for a commercial lease?
No. But unless the deal is tiny and very simple, it’s risky to go solo. A single clause can cost more than the legal fee.
2) Who pays the legal fees?
Each side usually pays their own. For landlord consents (like alterations), tenants commonly cover the landlord’s legal and admin costs—ideally capped in the Heads of Terms.
3) How much does a solicitor cost for a new lease?
For a straightforward deal, budget £1,200–£3,500 + VAT for your solicitor. Complex sites, heavy fit-outs, or lender involvement will be more.
4) Can I cut legal costs without cutting corners?
Yes. Tighten your Heads of Terms, agree fee caps for landlord consents, provide documents in one go, and avoid re-opening commercial points during drafting.
5) When is contracting out of the 1954 Act sensible?
If you want flexibility or the landlord insists for a shorter, cheaper deal. Just understand you’ll lose automatic renewal rights. Get advice before you sign.
Conclusion
Legally, you don’t need a solicitor for a commercial lease. Commercially, it’s one of the smartest spends you’ll make. The right advice can trim repair risk, tame service charges, and give you clean exit routes. That means steadier cash flow and fewer sleepless nights.
If you’d like a quick second pair of eyes before you sign, we can help.
Book a friendly lease check with our team at Nouveau Legal to spot any red flags and agree simple fixes.
