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Commercial tenancy relationships in respect of business premises or properties are as a rule firmly concluded for a long time. For that reason they represent considerable levels of value.

Even at the point of conclusion of the tenancy agreement the considerable commercial implications are however often underestimated, for example, what the various definitions of areas, apportionment possibilities with regard to the widest range of running costs or the precise configuration of maintenance obligations affecting the “overall rental charge” may have. Compliance with the strictest statutory written form is often inadvertently overlooked in the absence of precise knowledge of the confusing legal situation in part at the point of conclusion of the agreement, but frequently in the event of subsequent amendments. This can lead to premature notice of termination of agreements assumed to be fixed long-term.

As in the case of almost every business premises rental agreement the law as set forth in the General Terms and Conditions of Business must be observed and the courts over the last ten years have declared numerous formerly generally accepted clauses to be invalid, there is room for negotiation and need for legal advice not only at the point of conclusion of the agreement, but often in the ongoing course of the tenancy.

We advise and represent both landlords and tenants of business premises inter alia:

  • in establishing and drafting tenancies and leases
  • regarding subtenancies
  • in the event of amendments and addenda to the tenancy agreement
  • in enforcement of and contesting guarantee rights and other tenancy claims
  • in legal questions regarding maintenance of the rental property (servicing and repair, modernisation, decorative repairs)
  • in contesting infringements of agreements
  • in termination (by notice, term expiry or cancellation of the agreement) and processing tenancies

We also provide advice in related legal questions, e.g. licensing agreements.