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Home » Warehouse lease: negotiating heads of terms

Commercial Property
The inside of a warehouse
May 9th, 2023

At BLB Solicitors, our goal is simple – to deliver you clear, practical legal advice and cost-effective solutions. We hope you enjoy exploring our Blog. If you can’t find what you’re looking for, please do contact us.

Warehouse lease: negotiating heads of terms

Commercial Property specialist Caroline Entwistle considers the need for care in negotiating heads of terms for your warehouse lease.

Our Commercial Property Team are available on 01225 462871 or by submitting the Contact Form below.

Warehouse lease

Leased WarehouseEmpty retail units displaying agents’ boards were the most visible sign of the blighting of our high streets through the pandemic. But online retail saw a very different picture over the same period, with e-commerce booming and storage and distribution space at a premium.

According to international real estate services provider JLL, the warehouse space taken up by UK businesses in 2020 was more than two-thirds higher than in 2019. And that upward trend continues even as our high streets slowly recover.

Logistics is now one of the most attractive income and capital growth sectors within commercial real estate, and that is unlikely to change any time soon. Indeed, the UK’s largest asset management company, Aberdeen Standard Investments sensed the direction of travel early, acquiring a 60% stake in warehouse investment firm Tritax Management.

“In my 20 year career in business, Caroline has become our first choice solicitor. I cannot recommend her enough.”

Warehouse lease: negotiating heads of terms

With warehouse space at a premium, potential lessees should exercise considerable caution. As other interested parties jostle for position, you may fear losing the deal, feeling pressured into agreeing terms with little or no negotiation. But frankly, that would be foolhardy.

A common mistake is to think it’s all about the rent. It’s not. You also need to consider issues including (but certainly not limited to):

  • the term of the lease;
  • repairing obligations;
  • break-clauses;
  • 24-hour access;
  • shared facilities;
  • security of tenure;
  • the potential need to sublet; and
  • personal guarantees.

Have you considered requesting a rent-free period or even a reverse premium? Commercial landlords do often agree to them.

Commercial property solicitor

Distribution WarehouseAlways put yourself in the driving seat. Before confirming your interest in the property, produce your own heads of terms. Doing so helps put you on the front foot in negotiations. However, producing and then negotiating heads of terms is far from straightforward. If you are not an expert, there is every possibility you will overlook crucial issues, ultimately ending up with lease terms you come to regret.

From the outset, instruct an experienced commercial property solicitor to discuss the required terms. We assist you through the negotiations ensuring you end up with commercially acceptable lease terms. In this way, we help you and your business going forward. And if the deal is large, it’s worth noting that prospective tenants also often instruct an agent to negotiate on their behalf.

Should you have any questions, please call me on 01225 462871 or submit the Contact Form below.

Caroline Entwistle
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