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An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option.
This will be done using a Land Registry form known as a TR1. If the lease is for less than 7 years, then the lease can be assigned by using a deed of assignment. Both these documents have the same effect and will generally be executed by both you as the current tenant and the assignee.
For example, a tenant and landlord may agree to a five-year lease with a five-year option to renew. At the end of the first five years, the tenant is given the chance to continue the lease for another five years. If you think you may renew, be sure to bring up extension provisions with your landlord.
There are many reasons why a Landlord and Tenant may choose to include an “option” in a commercial lease. The most common type of option is one that gives the Tenant the right to extend the lease term, usually for additional — sometimes two or more — terms of equal length to the original term.
An option clause is a term in a commercial or retail lease, permitting a tenant to renew their lease at the end of the initial lease period.
Under the Law of Property Act 1925, the assignment of a legal lease of whatever duration must be effected by deed, otherwise it may only take effect as a contract to assign the term. A legal lease for more than seven years must be registered at the Land Registry (see land registration).
While it is not mandatory to seek legal advice, the potential benefits far outweigh the costs. By engaging a commercial property solicitor, you can ensure that your interests are protected, your rights are upheld, and that you make informed decisions that align with your long-term business goals.
If a party is an individual, their signature must be witnessed by an independent adult witness who must also sign the lease and print their full name, address and occupation on it. The date of signing by each party is also detailed here.
In Scotland, only commercial leases for longer than 20 years must be registered in the Land Register of Scotland. However, the lease is often registered in the Books of Council and Session in Edinburgh.