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Things for tenants to remember over the Christmas Period


The retail and hospitality sectors have their business trading period of the year over the Christmas period but it is important not to overlook your lease obligations during this busy time.

Rent

Standard leases are likely to require rent to be paid on the usual quarter days. The last business day before Christmas Day is Friday 21 December.

Use clauses and trading hours

Check your lease to see what restrictions there are, if any, on use.

Leases of commercial property usually include restrictions on the purposes for which the tenant can use the property. If you are planning a Christmas initiative that is different from your normal permitted use or the installation of new equipment to meet Christmas demand, then landlord consent may be required.

Similarly, if you are wanting to trade from your premises for longer hours than normal, again check the lease for any restrictions on trading hours. Some leases, typically those in shopping complexes, have “keep open” clauses which prescribe the hours of the day when you must be open and trading.

Signage

Standard lease will contain restrictions on signage so that a tenant cannot attach any signs to the exterior of the property or display any inside the property that can be seen from the outside other than as permitted by the lease without the consent of the Landlord.

If the tenant wants to put up any special signage on the exterior of your premises, or possibly even sophisticated Christmas decorations, it is likely that the lease will require that he first obtains the landlord’s consent.

Other considerations

Security is obviously a consideration during the holiday period as is the possibility of building damage from adverse weather. It is sensible to give your premises a health check, especially if bad weather is forecast and the premises are going to be shut.

Where consent is required leases often contain a requirement that consent is not to be unreasonably withheld. Normally landlords will be understanding at this time of year but if in doubt seek further advice from Johanne Spittle.

Tel: 01904 561425

Email: johanne.spittle@luptonfawcett.law

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.


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