Shop and Restaurant Long Leases for more than Five Years

Most retail and restaurant premises are occupied under a lease.  A lease is a commercially binding contract allowing a tenant to exclusively use the premises for a specified duration, subject to the payment of rent and compliance with the provisions of the lease, such as keeping the property in repair, complying with planning, etc.  

The Shop and Restaurant Short Leases for more than Five Years cover a range of self-contained shops and restaurants, those located in shared buildings and spaces in shopping parades, shopping centres or stores, together with other helpful letting documents.  Long leases are generally more favoured by landords because of their enhanced occupancy and rent security.   For tenants they may offer less flexibility but the stability can be advantageous to a business looking for a long term location.  There is a useful Comparison Matrix which can be used by landlords to help decide which lease is most appropriate for any proposed letting.

The leases contain detailed provisions as to what a tenant must and must not do during the term.  These provisions aim to protect the value of the landlord’s reversionary interest in the premises.  Some of the leases are “Code Compliant", meaning their provisions comply with the Code for Leasing Business Premises in England and Wales 2007. The Code aims to promote efficiency and fairness in landlord and tenant relationships.  

Generally on the grant of a lease the tenant automatically has security of tenure (the right to remain and request a new lease at the end of the lease term) unless the landlord and tenant agree that the lease can be granted without security of tenure.  There is also guidance covering the process which must be followed to exclude security of tenure.  A failure to follow this procedure risks the tenant acquiring security of tenure. Beside the guidance, the mandatory landlord's "health warning" notice and tenant declaration forms which need to be used are available. These forms are essential to evidencing that the landlord has made the tenant aware and that the tenant confirms their awareness of the consequences of excluding security of tenure.  

The documents are constructed in Word format, and can be customised to meet your requirements. Please click on the links below to access the documents.

For use in England and Wales only

• Shops and Restaurants Lease Comparison Matrix
• Lease of Self-Contained Shop (with Security of Tenure)
• Lease of Self-Contained Shop (Security of Tenure excluded)
• Lease of Self-Contained Shop (with Security of Tenure) (Complies with Lease Code)
• Lease of Self-Contained Restaurant (with Security of Tenure)
• Lease of Self-Contained Restaurant (Security of Tenure excluded)
• Lease of Self-Contained Restaurant (with Security of Tenure) (Complies with Lease Code)
• Lease of Shop in a Parade or Shared Building (with Security of Tenure)
• Lease of Shop in a Parade or Shared Building (Security of Tenure excluded)
• Lease of Restaurant in a Parade or Shared Building (with Security of Tenure)
• Lease of Restaurant in a Parade or Shared Building (Security of Tenure excluded)
• Guidance on Excluding Security of Tenure
• Landlord’s Notice to Exclude Security of Tenure
• Tenant’s Simple Declaration Regarding Security of Tenure
• Tenant’s Statutory Declaration Regarding Security of Tenure
• Landlord’s Notice to Guarantor to Exclude Security of Tenure
• Guarantor’s Simple Declaration Regarding Security of Tenure
• Guarantor’s Statutory Declaration Regarding Security of Tenure

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