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Commercial lease checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the document to make sure it meets your needs and that everyone involved agrees with the commercial lease.

Remember that if you have any questions you can easily Ask a lawyer.

  1. In granting this commercial lease a number of additional documents are needed to ensure that the tenant does not get security of tenure (ie the right to remain in the property) after the tenancy ends. As the landlord, you should send the following documents to your tenant before you sign and date the lease:

    To assist you in drafting and sending these documents correctly, you can Ask a lawyer.

    In addition, you may also need the following documents:

    You may need to get consent to letting from a mortgage lender. If in doubt, Ask a lawyer.

The commercial lease is a special type of contract called a 'deed'. This means it must be signed in a special way:

  1. Print a copy for each of the landlord(s) and the tenant(s) (the parties).

    You must print a copy of your deed and sign it physically. Deeds can legally be signed using electronic signatures, but extra care must be taken when signing electronically to ensure that all of the formalities for execution of the particular type of deed are met. This deed is, therefore, designed to be signed by hand (ie ‘wet-signed’) to ensure that it is executed correctly. You cannot sign online.
  2. If you are attaching (a) plan(s) to the lease, do so now.

  3. The landlord(s) and tenant(s) must sign the lease in the way you have selected in the interview.

  4. Any witnesses must sign and add their name, address and occupation directly underneath the signature of the party they are witnessing.

  5. Before completing (ie dating) the lease check:

    • you have received the tenant's declaration signed where appropriate, or statutory declaration sworn in the presence of a solicitor (if not do not date the lease or let the tenant move in).

    • you have all the required documents (lease, rent deposit, inventory, schedule of condition etc) signed by the tenant. Check that they are undated but signed correctly. If they are not Ask a lawyer.

    • you have received the rent if payable in advance and any rent deposit

    • you have any lender's consent to the lease.

  6. When you are ready to complete the lease, write the date at the top of the lease The lease may be dated before the date the tenancy starts, which is the date specified in the lease. If the tenant requires early occupation before the lease is signed and completed, Ask a lawyer.

  7. If there is a rent deposit deed this can be dated so it is completed at the same time as the lease.

The landlord(s) and tenant(s) should keep their own signed copy of the lease and all associated documents. It is wise to keep a copy of any documents handed to the tenant.

The landlord should keep the original of the simple declaration or statutory declaration signed by the tenant.

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