Commercial Lease Clause Library For United Kingdom
Clause name | Clause purpose | Clause importance | Relevant property types | Drafting considerations | Related clauses |
|---|---|---|---|---|---|
United Kingdom wide | |||||
Rent payment | Sets the principal rent, payment dates, method and consequences of late payment. | Core clause | All commercial premises. | Define rent, payment frequency, cleared funds, apportionment and whether VAT is payable. | VAT, interest on late payment, rent review, forfeiture. |
Rent review | Provides a mechanism to adjust rent during the lease term. | Core clause | Offices, retail units, industrial units, long leases. | Specify review dates, basis, assumptions, disregards, upwards-only wording and dispute expert. | Rent payment, indexation, turnover rent, dispute resolution. |
Index-linked rent review | Links rent increases to an inflation index such as CPI or RPI. | Optional clause | Retail, logistics, offices, investment leases. | State index, formula, base month, caps, collars and replacement index process. | Rent review, rent payment, caps and collars. |
Turnover rent | Calculates rent partly by reference to the tenant's sales or revenue. | Specialist clause | Shopping centres, retail parks, restaurants, leisure premises. | Define turnover, exclusions, audit rights, reporting frequency and online sales treatment. | Rent review, keep open, audit rights, permitted use. |
Rent deposit | Secures tenant obligations using money held by or for the landlord. | Optional clause | Start-ups, SMEs, high-risk tenants, short leases. | Cover amount, drawdown triggers, top-up, interest, release and insolvency protection. | Guarantee, default, interest, forfeiture. |
Service charge | Allows recovery of shared building or estate costs from tenants. | Core clause | Multi-let offices, shopping centres, estates, mixed-use buildings. | Define services, caps, exclusions, management fees, reserve funds and certification. | Common parts, insurance, landlord services, dispute resolution. |
Insurance rent | Requires the tenant to reimburse insurance premiums paid by the landlord. | Core clause | FRI leases, multi-let buildings, industrial estates. | Specify insured risks, excess, exclusions, terrorism cover and premium allocation. | Insurance, damage reinstatement, rent suspension, service charge. |
VAT | Allocates responsibility for VAT on rent and other lease payments. | Core clause | All commercial premises, especially opted properties. | Confirm whether sums are exclusive of VAT and require valid VAT invoices. | Rent payment, service charge, insurance rent, option to tax. |
Term | Defines the lease start date, expiry date and duration. | Core clause | All commercial premises. | Align commencement, rent start, access, registration and any agreement for lease. | Break clause, renewal, security of tenure, registration. |
Break clause | Gives one or both parties a right to end the lease early. | Optional clause | Offices, retail units, flexible business premises. | State notice period, break date, conditions, vacant possession and payment requirements. | Notices, rent payment, yielding up, reinstatement. |
England and Wales | |||||
Contracting out of security of tenure | Excludes statutory renewal rights under the Landlord and Tenant Act 1954. | Specialist clause | Most business tenancies in England and Wales. | Ensure warning notice, tenant declaration and lease endorsement are completed before grant. | Term, renewal, notices, break clause. |
Security of tenure | Confirms whether statutory business tenancy renewal rights apply. | Core clause | Shops, offices, warehouses and other business premises. | State 1954 Act status and avoid ambiguity about continuation after expiry. | Contracting out, renewal, term, notices. |
United Kingdom wide | |||||
Repair | Allocates responsibility for keeping premises in repair. | Core clause | All commercial premises, especially FRI leases. | Define standard of repair, inherent defects, fair wear, schedule of condition and structure. | Decoration, alterations, yielding up, schedule of condition. |
Full repairing and insuring obligations | Places repair and insurance cost risk substantially on the tenant. | Core clause | Standalone buildings, industrial units, investment properties. | Clarify direct repair duties versus contribution through service charge or insurance rent. | Repair, insurance, service charge, reinstatement. |
Schedule of condition | Limits repair liability by recording the premises' condition at lease start. | Optional clause | Older premises, short leases, small business units. | Attach clear dated photos and wording limiting obligation to no better condition. | Repair, yielding up, decoration, reinstatement. |
Decoration | Requires internal or external redecoration at specified intervals or lease end. | Optional clause | Offices, shops, restaurants, managed buildings. | Specify intervals, colour approval, quality standard and final redecoration timing. | Repair, alterations, yielding up, landlord approval. |
Alterations | Controls tenant works to the premises during the lease. | Core clause | Offices, retail, hospitality, industrial units. | Distinguish structural, non-structural and signage works require licences and consents. | Planning, reinstatement, repair, landlord consent. |
Reinstatement | Requires removal of alterations and restoration at lease end if required. | Core clause | Fitted offices, retail units, restaurants, laboratories. | Set notice timing, landlord election, base-build standard and treatment of tenant fixtures. | Alterations, yielding up, repair, fixtures. |
Permitted use | Defines the business activity allowed at the premises. | Core clause | Retail, offices, industrial, leisure, healthcare premises. | Align with planning use, exclusivity, insurance, nuisance and estate management rules. | Planning, prohibited use, keep open, licensing. |
Planning compliance | Requires compliance with planning law and planning permissions. | Core clause | All premises, especially change-of-use and fit-out projects. | Allocate responsibility for permissions, conditions, breaches and planning agreements. | Permitted use, alterations, statutory compliance, signage. |
Statutory compliance | Requires compliance with laws affecting occupation and use of the premises. | Core clause | All commercial premises. | Define tenant versus landlord responsibility for works required by law. | Health and safety, fire safety, planning, environmental compliance. |
Assignment | Controls transfer of the lease to a new tenant. | Core clause | Offices, retail, industrial and investment leases. | Set consent conditions, financial tests, authorised guarantee agreement and group transfers. | Alienation, underletting, sharing occupation, guarantee. |
Underletting | Controls whether the tenant may sublet all or part of the premises. | Core clause | Larger offices, industrial units, retail premises. | Address whole or part, underlease terms, rent level and excluded security of tenure. | Assignment, sharing occupation, permitted use, consent. |
Sharing occupation | Permits or restricts occupation by group companies or business partners. | Optional clause | Corporate offices, serviced offices, group company premises. | Avoid creating tenancies require no exclusive possession and end sharing on request. | Alienation, underletting, permitted use, confidentiality. |
England and Wales | |||||
Landlord consent | Sets how consent is requested and whether it may be withheld. | Core clause | Leases with assignment, underletting or alteration controls. | State information requirements, reasonable conditions, costs and deemed refusal rules. | Assignment, underletting, alterations, notices. |
United Kingdom wide | |||||
Insurance | Specifies who insures the property and what risks are covered. | Core clause | All commercial premises. | List insured risks, uninsured risks, excesses, tenant contents and insurer requirements. | Insurance rent, damage reinstatement, rent suspension, tenant covenants. |
Damage reinstatement | Deals with rebuilding after insured or uninsured damage. | Core clause | Buildings leases, multi-let premises, high-value assets. | Set reinstatement period, termination rights, uninsured damage and insurance money use. | Insurance, rent suspension, termination, force majeure. |
Rent suspension | Suspends rent where damage prevents occupation or use. | Core clause | All insured commercial premises. | Define trigger, extent of suspension, insured risks and maximum suspension period. | Insurance, damage reinstatement, rent payment, termination. |
England and Wales | |||||
Forfeiture | Allows the landlord to re-enter and end the lease after specified tenant defaults. | Core clause | Most commercial leases in England and Wales. | Cover rent arrears, covenant breach, insolvency and statutory notice requirements. | Default, interest, insolvency, notices, rent deposit. |
Scotland | |||||
Irritancy | Provides the Scots law mechanism for terminating a lease after tenant breach. | Core clause | Commercial premises in Scotland. | Use Scots law terminology and comply with statutory pre-irritancy notice rules. | Default, rent arrears, notices, insolvency. |
United Kingdom wide | |||||
Interest on late payment | Compensates the landlord for overdue rent or other lease sums. | Core clause | All commercial premises. | Set rate, compounding, default period and whether statutory interest also applies. | Rent payment, default, forfeiture, costs. |
Guarantee | Makes a third party liable for tenant obligations if the tenant defaults. | Optional clause | New companies, group structures, high-value leases. | Define liability, indemnity, release events, guarantor due diligence and execution formalities. | Rent deposit, assignment, default, authorised guarantee agreement. |
England and Wales | |||||
Authorised guarantee agreement | Requires an outgoing tenant to guarantee the immediate assignee's obligations. | Specialist clause | Commercial leases where assignment may be permitted. | Ensure AGA is only required where lawful and linked to assignment consent conditions. | Assignment, guarantee, landlord consent, release of tenant. |
United Kingdom wide | |||||
Yielding up | Sets the condition and handover requirements when the lease ends. | Core clause | All commercial premises. | Cover keys, vacant possession, removal of items, repair, decoration and reinstatement. | Repair, reinstatement, break clause, schedule of condition. |
England and Wales | |||||
Dilapidations | Addresses claims for disrepair or failure to comply with end-of-term obligations. | Optional clause | FRI leases, offices, industrial and retail premises. | Align with repair standard, schedule of condition and terminal dilapidations procedure. | Repair, yielding up, reinstatement, decoration. |
United Kingdom wide | |||||
Landlord access | Allows landlord entry for inspection, repair, services or reletting. | Core clause | All commercial premises, especially multi-let buildings. | State notice, emergency entry, disruption limits and security requirements. | Repair, services, quiet enjoyment, landlord works. |
Quiet enjoyment | Protects the tenant's lawful possession from landlord interference. | Core clause | All commercial premises. | Balance tenant protection with landlord rights of access, services and redevelopment. | Landlord access, landlord works, derogation from grant, services. |
Landlord works | Reserves rights for the landlord to carry out works to the building or estate. | Optional clause | Multi-let buildings, shopping centres, redevelopment sites. | Limit disruption, preserve access, address rent suspension and service charge recovery. | Quiet enjoyment, access, service charge, redevelopment break. |
Signage | Controls signs, branding and advertisements at the premises. | Optional clause | Retail, restaurants, offices, leisure premises. | Require landlord approval, planning advertisement consent and removal at lease end. | Alterations, planning, permitted use, yielding up. |
Keep open | Requires the tenant to trade during specified hours. | Specialist clause | Shopping centres, retail parks, restaurants, leisure premises. | Define trading hours, exceptions, enforcement limits and turnover rent interaction. | Turnover rent, permitted use, service charge, opening hours. |
Exclusive use | Restricts the landlord from allowing competing uses in the same development. | Specialist clause | Shopping centres, retail parks, food courts, leisure schemes. | Define competing activity narrowly and include carve-outs for existing tenants. | Permitted use, prohibited use, keep open, landlord estate rules. |
Nuisance and annoyance | Prevents activities causing nuisance, damage, obstruction or disturbance. | Core clause | Multi-let buildings, restaurants, industrial estates, mixed-use schemes. | Address noise, odour, vibration, waste, obstruction and neighbour complaints. | Permitted use, environmental compliance, estate regulations, waste. |
Waste management | Controls storage, disposal and recycling of tenant waste. | Optional clause | Restaurants, retail, industrial units, healthcare premises. | Specify collection areas, hazardous waste, pest control and compliance with duty of care. | Nuisance, environmental compliance, service charge, permitted use. |
Environmental compliance | Allocates responsibility for contamination, pollution and environmental permits. | Specialist clause | Industrial sites, petrol stations, workshops, laboratories, warehouses. | Deal with baseline condition, remediation, hazardous substances and indemnities. | Permitted use, waste, statutory compliance, indemnity. |
Asbestos management | Allocates duties for managing asbestos risks in non-domestic premises. | Specialist clause | Older commercial buildings, industrial units, schools, healthcare premises. | Identify dutyholder, surveys, asbestos register, works controls and information sharing. | Repair, alterations, statutory compliance, health and safety. |
England and Wales | |||||
Fire safety | Allocates duties for fire precautions, risk assessments and emergency arrangements. | Core clause | Offices, shops, restaurants, warehouses, multi-let buildings. | Define responsible person, common parts duties, alterations and fire equipment maintenance. | Statutory compliance, alterations, common parts, health and safety. |
United Kingdom wide | |||||
Health and safety | Requires compliance with workplace health and safety obligations. | Core clause | All workplaces and commercial premises. | Allocate obligations for risk assessments, contractors, equipment and common areas. | Statutory compliance, fire safety, asbestos, landlord services. |
England and Wales | |||||
Energy performance | Addresses EPC obligations and minimum energy efficiency requirements. | Specialist clause | Let commercial buildings requiring EPCs. | Control tenant works affecting EPC rating and allocate MEES improvement costs. | Green lease, alterations, statutory compliance, service charge. |
United Kingdom wide | |||||
Green lease obligations | Promotes energy efficiency, sustainability data sharing and lower environmental impact. | Specialist clause | Offices, retail centres, institutional investment property. | Cover metering, data sharing, waste, fit-out standards and cooperation duties. | Energy performance, service charge, alterations, utilities. |
Utilities and meters | Allocates responsibility for utility supply, metering and payment. | Core clause | All commercial premises, especially multi-let buildings. | Define direct accounts, recharging, sub-meters, interruptions and capacity limits. | Service charge, green lease, landlord services, data centres. |
Common parts | Regulates rights and obligations over shared areas of a building or estate. | Core clause | Multi-let offices, shopping centres, industrial estates. | Reserve landlord control and specify access routes, rules and service charge links. | Service charge, estate regulations, access, landlord services. |
Estate regulations | Allows rules for managing a building, centre or estate. | Optional clause | Business parks, shopping centres, multi-let offices, estates. | Require regulations to be reasonable, notified and consistent with lease rights. | Common parts, service charge, nuisance, parking. |
Parking rights | Grants or controls use of parking spaces or loading bays. | Optional clause | Offices, retail parks, industrial estates, leisure premises. | Specify allocated spaces, permits, relocation rights, EV charging and enforcement. | Common parts, estate regulations, service charge, access. |
Telecommunications equipment | Controls installation and operation of telecoms apparatus and connectivity equipment. | Specialist clause | Offices, rooftops, data centres, retail units, industrial sites. | Address wayleaves, Electronic Communications Code rights, removal and landlord approval. | Alterations, utilities, access, reinstatement. |
Data centre operations | Addresses high-power, cooling, uptime and equipment risks for data centre use. | Specialist clause | Data centres, server rooms, telecoms hubs. | Define power capacity, resilience, cooling, access, security and service credits. | Utilities, telecommunications, insurance, access, security. |
Confidentiality | Protects confidential lease terms, business information or building security information. | Optional clause | Corporate headquarters, laboratories, data centres, negotiated rent deals. | Define permitted disclosures to lenders, buyers, advisers and regulators. | Data protection, sharing occupation, assignment, notices. |
Data protection | Allocates obligations for personal data handled in lease administration or building services. | Optional clause | Managed buildings, CCTV-enabled premises, access-controlled offices. | Address CCTV, access systems, tenant contacts, notices and controller roles. | Confidentiality, security, building services, notices. |
Security arrangements | Regulates keys, access cards, alarms, CCTV and building security procedures. | Optional clause | Offices, warehouses, data centres, retail centres. | Allocate maintenance, codes, lost passes, out-of-hours access and incident reporting. | Access, data protection, common parts, insurance. |
Landlord costs | Requires tenant payment of specified landlord legal or professional costs. | Core clause | All commercial premises. | Limit to reasonable costs for consents, enforcement, notices and tenant applications. | Landlord consent, default, notices, alterations. |
Notices | Sets valid methods and addresses for formal lease notices. | Core clause | All commercial premises. | Specify service methods, deemed receipt, email use and statutory notice compatibility. | Break clause, forfeiture, rent review, security of tenure. |
Governing law and jurisdiction | Identifies the legal system and courts governing lease disputes. | Core clause | Cross-border parties and all commercial leases. | Use the law of the property jurisdiction avoid mixing English and Scots terminology. | Dispute resolution, notices, interpretation. |
Dispute resolution | Sets procedures for resolving rent review, service charge or lease disputes. | Optional clause | Leases with rent review, service charge or technical obligations. | Choose expert determination, arbitration, mediation or courts and define appointment process. | Rent review, service charge, governing law, notices. |
Superior landlord consent | Requires compliance with superior lease obligations and consent requirements. | Specialist clause | Underleases, headlease structures, leasehold investment property. | Check headlease covenants, consent timing, superior rent and forfeiture risk. | Underletting, landlord consent, title matters, forfeiture. |
Lender consent | Addresses consent or non-disturbance issues where the property is charged to a lender. | Specialist clause | Mortgaged commercial properties and investment portfolios. | Confirm lender consent, priority, attornment and tenant protection on enforcement. | Title matters, landlord covenants, notices, superior interests. |
England and Wales | |||||
Registration | Allocates responsibility for registering leasehold interests where required. | Specialist clause | Leases over seven years and registrable lease interests. | Set tenant duty to register, supply title number and protect landlord title. | Term, title matters, SDLT/LTT, notices. |
United Kingdom wide | |||||
Lease transaction tax obligations | Allocates responsibility for SDLT, LTT or LBTT compliance and costs. | Specialist clause | Commercial leases with premium, rent or reportable transaction value. | Identify applicable tax: SDLT in England and NI, LTT in Wales, LBTT in Scotland. | Rent, premium, registration, VAT. |
Tenant indemnity | Requires the tenant to reimburse losses caused by breach, use or occupation. | Core clause | All commercial premises. | Define covered losses, exclusions, mitigation, third-party claims and insurance overlap. | Insurance, environmental compliance, statutory compliance, default. |
Force majeure | Excuses or adjusts performance after specified events outside party control. | Optional clause | Operationally complex premises and development-linked leases. | State events, notice, mitigation, excluded payment obligations and termination rights. | Rent suspension, damage reinstatement, landlord works, default. |
Pandemic and closure risk | Allocates risks of mandatory closure, restricted trading or public health controls. | Specialist clause | Retail, hospitality, leisure, event venues, serviced offices. | Address rent concessions, service charge, insurance, keep-open and business interruption. | Force majeure, rent suspension, keep open, insurance. |
Redevelopment break | Allows landlord termination to redevelop, refurbish or reconfigure the property. | Specialist clause | Development sites, shopping centres, ageing offices, mixed-use schemes. | Define trigger, notice, compensation, vacant possession and planning contingencies. | Break clause, landlord works, security of tenure, notices. |
Option to renew | Gives tenant a contractual right to take a further lease. | Optional clause | Retail, offices, healthcare premises, strategic locations. | Set exercise window, conditions, new term, rent basis and excluded rights. | Term, security of tenure, rent review, notices. |
What Clauses Matter Most In A UK Commercial Lease?
Rent, term, repair, insurance, use, assignment, underletting, default and forfeiture are core clauses because they define the tenant's payment obligations, the premises, operational rights, risk allocation and remedies if the lease is breached.
How Do UK Statutory Rules Affect Lease Drafting?
- England and Wales: security of tenure under the Landlord and Tenant Act 1954 should be addressed expressly, especially whether the lease is inside or contracted out of the Act.
- England and Wales: forfeiture for non-payment of rent and other breaches must be drafted with statutory controls in mind, including section 146 notice requirements for many breaches.
- United Kingdom wide: VAT, energy performance and health and safety provisions can materially affect the cost and legality of occupation.
- Scotland: leases use Scots property law terminology and remedies, so English-style clauses should not be copied without jurisdiction-specific adaptation.
Which Clauses Are Most Negotiated By Commercial Tenants?
The most heavily negotiated clauses are usually rent review, break rights, repair, service charge, alienation, permitted use, reinstatement and guarantees. Small wording differences can change whether a break is usable, whether repair is full repairing and insuring, or whether the tenant carries historic defects and major works costs.
When Are Specialist Lease Clauses Needed?
Specialist drafting is commonly needed for turnover rent, green lease obligations, telecoms equipment, data centres, restaurants, licensed premises, industrial estates, mixed-use buildings and multi-let offices. These clauses should be aligned with planning, licensing, insurance, utilities, service charge and operational requirements.

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