Commercial tenants have fewer rights under a business lease than residential tenants do under a tenancy agreement. Nevertheless, commercial landlords must still adhere to certain laws when negotiating and managing leases for business premises.

According to the 1954 Landlord & Tenant Act, Business leases are, a lease whereby a tenant occupies the premises for the purposes of their business. There are a few tenancy types which are excluded, however;

  • Agricultural / farming tenancies
  • Mining leases
  • Tenancies of premises licensed for the sale of alcohol for on-site consumption (not including hotels, restaurants, theatres and other entertainment venues, public gardens, picture galleries, exhibitions and other businesses or functions for which holding a license would be secondary to its main purpose)

Section 43 also excludes tenancies that last for less than six months, unless either of the following conditions is met:

  • The lease provides, from the outset, for extension or renewal beyond the six month period; or
  • The tenant has already occupied the premises for a total of twelve months or more (if the tenant took over the premises for the purpose of carrying on the same business as his or her predecessor, their combined tenures count towards this total)