Leave coming down the chimney to Santa

Wilson Browne

1st December 2018

Legal Briefing

Wilson Browne

By Jessica Rayns

Wilson Browne Solicitors

RIGHTS, exceptions and reservations are important. They can have implications for a landlord's freedom to deal with, or develop, neighbouring land and with the tenant's ability to use the property, and carry out its business.

A business lease will usually grant the tenant rights over the property that is outside the tenant's demise, but still forms part of the landlord's property. For example, if the tenant has a lease over a floor in an office, it will require rights to use the stairs, lifts and entrance hall so that it can get access to and from its office. These rights are very important for a tenant - ensure they're not left out of your lease, you don't want to be forced to use the chimney for access!

The lease will also usually grant rights to the landlord over the property demised to the tenant. Traditionally, these rights granted to the landlord are referred to as reservations because the rights are reserved out of the grant of the demise to the tenant. For example, the lease may give the landlord the right to go onto the tenant's demised property to carry out repairs.

The lease will usually also exclude certain rights from the tenant. These are referred to as exceptions, and effectively limit the tenant's rights. An example of an exception would be a right to light, which is often excluded so that the tenant cannot raise an objection if the landlord develops land in a way that obstructs light getting through the tenant's windows.

Don't leave yourself having to use the chimney like Santa Claus - get advice early on from the experienced Legal 500 recognised Commercial Property Team.

For more information call 01536 410014 or visit www.wilsonbrowne.co.uk

Wilson Browne