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Western Legal / Heads of terms, commercial lease
Commercial property · Heads of terms

Heads of terms for a commercial lease, settled before the lease is drafted and the costs start running.Heads of terms, commercial lease.

Heads of terms for a commercial lease set the deal before anyone drafts: rent and any rent free period, the term and any break, repair, who can assign, and whether the lease is protected by the 1954 Act. We draft or review them from £450, then negotiate the commercial lease or agreement for lease to agreed form, at a fixed fee with no VAT.

Handled entirely in writing. No hearings, no meetings, no attendance required.

Heads of terms, drafted or reviewed: from £450 · No VAT
Get the commercial deal right before the lease is drafted.
Solicitor of England & Wales · SRA 641612

Replies within the hour in business hours.

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£450Heads of terms, drafted or reviewed
£1,450New lease or renewal, settled to agreed form
In writingNo meetings, no attendance
A solicitor drafting at a desk
The heads

Heads of terms for a commercial lease: what to settle first.

The points below decide what the lease costs you over its life. Each is easier to win in the heads than in the lease, and much easier than in a dispute.

RENT

Rent and rent free

The rent, when it starts, any rent free period and what it is conditional on, and how often and on what basis the rent is reviewed.

TERM AND BREAK

Term and break

The length of the term and any break, with conditions you can actually meet: a break conditional on perfect compliance with every covenant is a break you may never be able to use.

REPAIR

Repair and condition

Whether you take the premises as they are and must hand them back in better repair. A schedule of condition annexed to the lease limits what you can be asked to put right at the end.

ALIENATION

Assignment and underletting

Whether you can assign, underlet or share occupation, and on what conditions, so the lease does not trap you if the business changes.

1954 ACT

Security of tenure

Whether the lease is protected by the 1954 Act or contracted out under section 38A, which decides whether you have a right to a new lease at the end.

MONEY

Costs, deposit and guarantee

Service charge, any rent deposit or personal guarantee, and who pays the landlord's legal costs.

Heads of terms are normally marked subject to contract, so neither side is bound by them. A binding contract to grant a lease has to be in writing, contain every term the parties have agreed and be signed by both (Law of Property (Miscellaneous Provisions) Act 1989, section 2); section 2 does not apply to a contract for a short lease of the kind in section 54(2) of the Law of Property Act 1925 (section 2(5)(a) of the 1989 Act). Already holding a draft lease? See lease review.

Fees

Lease negotiation solicitor fees.

FAST, BY DESIGN

Written advice within 24 hours of instruction. Trademarks filed within 48 hours of instruction. Documents in days, not weeks. Never "3 to 5 business days" just to hear back.

FIXED FEES: agreed in writing before any work begins. The fee quoted is the fee paid, and it does not change after you accept it.
FIXED FEE · NO VAT · FIXED FEE · NO VAT · WL SOLICITOR-LED
Schedule of feesGBP · No VAT
ItemWhat it coversFee
Heads of terms, drafted or reviewedGet the commercial deal right before the lease is drafted; the cheapest point to win every later argument.from £450
New lease or renewal, settled to agreed formHeads of terms to agreed final form: terms advised and negotiated with the other side, with an authorised solicitor instructed to prepare the deed and deal with Land Registry where the law requires.from £1,450
Negotiated through to completionThe whole transaction managed: negotiation, agreed form, and completion coordinated with the instructed authorised solicitor who prepares the deed and handles registration.from £2,450

Your fixed fee is confirmed in writing once I have seen your document. Pay within 24 hours of that confirmation for the reduced fee.

“From” prices are starting fees for standard scope; your exact fee is fixed in writing before you pay anything and never changes after that. No VAT is charged: the price quoted is the price paid. Where the law requires a deed to be prepared or a Land Registry application made, an instructed authorised solicitor does that step, and we do not act on the grant or assignment of a lease for a premium. Schedule current as at 6 November 2026.

Bespoke and urgent matters outside the schedule: £650 per hour, capped estimates given in advance. Corporate retainers from £995/month.

Why this practice

How we negotiate a commercial lease.

01

Send the terms or the draft

The agent's heads of terms, the landlord's draft lease or agreement for lease, and a line on what matters most to you.

02

Fixed fee in writing

I read it and confirm the fee in writing before any work starts. Pay within 24 hours of that confirmation for the reduced fee.

03

Negotiated to agreed form

We put your points to the agent or the landlord's solicitor in writing and settle the heads, the agreement for lease and the lease to agreed form.

Agreement for lease

Agreement for lease solicitor: when the lease has to wait.

An agreement for lease binds both sides to grant and take the lease once conditions are met: the landlord's works, planning permission, a superior landlord's consent or the tenant's fit out. It is a contract for the disposition of an interest in land, so it must meet the same writing and signature rules (Law of Property (Miscellaneous Provisions) Act 1989, section 2).

We negotiate the conditions, the long stop date and what happens if a condition fails, and settle the agreement for lease to agreed form with the lease annexed to it. A new lease settled to agreed form is from £1,450; the whole transaction through to completion is from £2,450.

Common questions

Commercial lease negotiation: common questions.

Are heads of terms legally binding?

Normally not. They are marked subject to contract, and a contract to grant a lease binds only when it is in writing, contains every term the parties have agreed and is signed by both sides (Law of Property (Miscellaneous Provisions) Act 1989, section 2), except for a contract for a short lease of the kind in section 54(2) of the Law of Property Act 1925 (section 2(5)(a) of the 1989 Act). That is why the heads are the cheapest place to win a point: nothing is fixed yet.

The agent has agreed the heads. Do I still need a lease negotiation solicitor?

Agents agree the commercial headline: rent, term and incentives. The points that cost money later sit in the detail: break conditions, repair, service charge and who can assign. A review of the heads before you sign them is from £450.

What does it cost to negotiate a commercial lease?

Heads of terms drafted or reviewed from £450; a new lease or renewal settled to agreed form from £1,450; the whole transaction through to completion from £2,450. Each fee is fixed in writing before work starts, with no VAT.

Will my lease be protected by the 1954 Act?

A business tenancy for a term of years is protected unless it was contracted out before the term began, with the landlord's warning notice and the tenant's declaration done as the 2003 Order requires (Landlord and Tenant Act 1954, section 38A). The heads of terms should say which it will be, because it decides whether you have a right to renew.

Do you prepare the lease deed and register it?

We negotiate the terms and settle the documents to agreed form. Where the law requires a deed to be prepared or a Land Registry application made, an instructed authorised solicitor does that step.

Do we need to meet or call?

No. Everything is handled in writing, by email or WhatsApp: you send the documents, the fee is confirmed in writing, and the work comes back in writing. Replies within the hour in business hours.

Get in touch

Confidential review. Replies within the hour in business hours.

Send a brief outline of your matter. You will receive a personal reply from a solicitor, with a fixed-fee quote where the scope is clear. Payment is taken before work begins; every fee is fixed in writing first.

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How this practice worksEverything starts in writing, and written replies are fastest.

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