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Who is the tenant in a commercial lease?

By Christopher Martinez |

If you are a tenant, you must comply with the terms of your commercial lease. A commercial lease is a document that sets out the rights and obligations of the landlord or lessor (i.e. the owner of the commercial property) and the tenant or lessee (i.e. a third party that has agreed to occupy that property).

What is the commercial landlord’s right of distress?

Distress is a commercial landlord remedy which gives the landlord the right to take possession, and sell the goods and chattels of the tenant located at the leased premises to satisfy arrears of rent.

Can my landlord increase my commercial rent?

The landlord cannot simply impose a rent change on you. You and the landlord must agree on the new rent before it can go ahead, or it has to be passed to an independent expert to assess. Discuss the proposed rent changes with your lawyer – they can liaise with the landlord’s legal representative on your behalf.

Who pays the legal fees for a commercial lease?

tenant
The cost of registering a lease is generally paid by a tenant. Leases with a lease period of more than three years, including any option period, must be registered. This helps to protect the tenant’s interests. The tenant pays their own legal costs.

What are the legal responsibilities of the landlord and tenants in a typical commercial lease?

What are the landlord’s responsibilities under a commercial lease? As the landlord of a commercial property, your main responsibilities will be to keep up with any maintenance and repairs to the property and to ensure it is a safe place for people to work.

What does distress of rent mean?

1.1 Distress for rent is one of the means by which a landlord can recover rent arrears. It is an ancient remedy’ which generally gives the landlord a right as soon as rent is overdue to enter the tenanted property and to seize and hold goods found there, irrespective of who owns them, until the rent is paid.

What is landlord distress?

Distress is a remedy that a landlord can use to recover unpaid rent without having to go to court. The process of distress allows a landlord to hire a civil enforcement agency to seize property on the rented premises that belongs to the tenant in order to recover rent money that is owed.

How is a commercial landlord responsible for electrical safety?

How is a commercial landlord responsible for electrical safety? As a commercial landlord you have a legal duty of care to any commercial tenants who lease your property. By law, you are liable to ensure that all electrics installed within the property pose no risk to a tenant’s health and safety.

What was the landlords and Tenants Act of 1985?

The Landlords and Tenants Act of 1985 contains clauses on electrical safety in rented commercial property. According to Section 8, Subsections a) and b) of the Act, the electrical installation in the property must be: Maintained in a safe condition for the entire duration of the tenancy

Can a tenant make a rent relief request?

The panel discusses rent relief requests and other tenant/landlord issues that are beginning to emerge in retail, office, and other commercial real estate sectors. As retail outlets across the country close, it is only a matter of time before tenants approach landlords about negotiating rents.

Can a landlord serve an improvement notice on a tenant?

Where a tenant proposes to make improvements to the tenement he may serve an improvement notice on his landlord. If the latter ignores it then the tenant can go ahead with the works and is entitled to compensation. However the landlord can then himself serve an improvement undertaking notice on the tenant and execute the works himself.