Why Lease Terms Matter More Than Rent

Most tenants focus solely on price per square foot – but at Langley & Co. Solicitors, we’ve seen businesses lose thousands from poorly negotiated lease terms.

This guide reveals:
✔ 5 make-or-break lease clauses
✔ How landlords exploit common oversights
✔ Negotiation tactics that save money
✔ When to walk away from a bad deal


The 5 Most Negotiable (and Dangerous) Clauses

1. Repair Obligations – The Hidden Bankruptcy Trap

  • Standard wording: “Put and keep the property in good repair”
  • Why it’s risky: Could force you to rebuild crumbling walls or replace ancient wiring
  • Our fix: Negotiate:
    → “Fair wear and tear excluded”
    → Schedule of Condition attached

2. Break Clauses – Your Escape Route

  • Critical for: Startups, growing businesses, uncertain markets
  • Demand:
    → At least one tenant-only break option
    → Clear notice periods (not tied to landlord approvals)

💼 Case Study:
*We secured a 3-year lease with 18-month break clause for a tech startup – they exited penalty-free when scaling required new premises.*

3. Service Charges – The Bottomless Pit

  • Red flags:
    → No annual cap
    → Vague “sundry expenses” wording
  • Solution:
    → Demand audited accounts
    → Exclude capital improvements

4. Alienation Clauses – Can You Sublet?

  • Trap: Absolute prohibitions on assignment
  • Better wording:
    → “Not to be unreasonably withheld”
    → Permitted sharing with group companies

5. Rent Review Mechanisms

Push for:
→ Market value resets
→ RPI-linked increases (capped at 3-4%)

Avoid: “Upwards-only” reviews in stagnant markets

3 Negotiation Power Moves

  1. The Delay Tactic
    • Landlords hate voids – use their urgency to your advantage
  2. The Comparables Play
    • Research nearby vacant units to challenge excessive terms
  3. The Professional Gambit
    • “My solicitor advises this clause is unusually onerous…”

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