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To initiate the renewal process, a tenant must serve a request for a new lease on its landlord. This request will set out the date for the commencement of the proposed new lease. This could be the day after the contractual expiry date of the existing lease, or it could be months or even years afterwards.
A 99-year lease is generally the longest possible lease term for a piece of real estate property. It used to be the longest possible under common law.
Commercial leases typically last from three to five years, creating a long-term relationship between the lessor and lessee. Although this may sound very similar to a residential lease, there are some important distinctions between a residential lease and a business lease.
Actions for landlords when a commercial lease expires For protected leases, a landlord has two months to dispute a tenant's request to renew their lease. During this process, the tenant has the right to remain in the property under the existing lease terms, until the either expiry date arrives or new terms are agreed.
6 tips to negotiate your commercial lease renewalStart early, and stay abreast of the market.Understand your landlord's renewal profits.Assess what your space can / should do for your company.Research alternatives in the market.Form a plan.Consider hiring a broker to help you negotiate properly.
The Leasehold Reform, Housing and Urban Development Act of 1993 gives the leaseholder a right to extend their lease by a further 90 years once they have owned the property for 2 years, however, a buyer may take advantage of the Sellers period of ownership and avoid waiting for 2 years.
Can the contractual term of a commercial lease be extended? Yes. Subject to satisfying certain criteria, business tenants have a statutory right under the Landlord and Tenant Act 1954 to extend the contractual term of their lease. At the end of the lease, the tenant can ask the landlord for a new lease.
All leaseholders who can extend their lease will have the right to do so by 990 years. Currently, leaseholders of houses can only extend their lease once, by a 50-year period, while leaseholders of flats can extend leases as often as they wish for a 90-year period.
To begin the process of lease extension, you need to serve notice on your landlord. You'll be required to have certain information in the leaseholder's notice. In the notice, you'll need to outline the premium you intend to pay for the lease extension and any changes you propose for the lease agreement.
There is no minimum or maximum term for a commercial lease. Very long leases (for example 999 years) are relatively common, normally granted for a one-off payment rather than at a market rent. For market rent leases, terms are usually much shorter, with anything from 5, 10 or 15 years being common.