How have the terms in English commercial leases adapted in the last few years?
For those who have read my previous articles on improving the navigation of modern commercial and residential leases, thank you and yes, I know, I should get out more. In those articles, I’ve tried to argue that modern leases need to be ‘refreshed’ rather than overhauled to make them a more user-friendly document and more akin to the technology available today. I’m not saying we will ever necessarily have a standard lease template as there are always going to be different clauses inserted or removed as both parties negotiate them.
As I wrote the articles it got me thinking about how much leases and the clauses therein have changed in the last 30 years since I started life as a management surveyor. The structure and layout have changed for the better in my opinion, but it is also interesting to note how clauses to limit the tenants' exposure are becoming more common and in fact, occupiers seem to be in a much better place to negotiate to their benefit.
Obviously, the comments I make are based on my own experience and do not reflect a view across the whole property sector. I do not profess to be a property market analyst by any means, but I do think I am exposed to enough documentation to share a view. I would also stress that the documents I address tend to be at the sharper end of the property world; smaller mixed-use buildings, secondary shopping centres, and single occupancy tenants, rather than the prime institutional lettings where I imagine the picture may be similar but on a different scale.