WE all know about buying from a shop, but what about buying the shop itself, or any other business premises for that matter? How easy is that?

Well, leasing premises is littered with potential pitfalls and, without specialist advice or care, there could easily be problems in store!

Many people go to see commercial property lawyers eager to start their own business and for this, they usually need premises from which to operate. Some may be fortunate to able to purchase their business premises, others may be unable to do so until the business is "up and running".

In these circumstances, the new businessman may rent the property from the owner by way of a lease or tenancy agreement.

A new businessman is often so wrapped up in the new venture and eager to commence trading that he will not have sufficient time to familiarise himself with the lease or tenancy agreement received from the new landlord.

In any event, legal documents are usually written in their own language, full of legal jargon and difficult to understand.

This is where it is essential for any new businessman to rely upon the expertise and support of a commercial property solicitor.

There are many questions a tenant will need to know. Is the agreement given to them by their landlord a lease or a tenancy? Does the tenant need to keep the whole of the premises in repair or only the

inside?

And then to what extent must he repair it - put it back to the same state of repair as when he first occupied the premises or in an even better condition?

How much rent is the tenant being asked to pay? Does it include VAT, insurance premiums and service charge payments?

A businessman going into a new venture does not always have time to read the small print. Normally, the "deal is done" using the skill and expertise of property surveyors who are specialised in negotiating new lease and tenancy agreements on behalf of each party.

However, there are times when no property surveyor is used and the landlord and the tenant negotiate between themselves. It is on these occasions that the tenant may be told issues by the landlord which may turn out to be completely different from what the tenant originally thought.

This is where the skill of an experienced property lawyer is most definitely required. Such a lawyer will be able to read through the lease - especially the small print - and prepare a report on the property for the tenant that is easy to read and, more importantly, understand!

The lawyer is able to liaise with the landlord's legal representative and ensure that the deal that was originally struck between the landlord and the tenant was the same deal as in the lease or tenancy agreement.

Sometimes it is not a new lease that the businessman will be given, but one that is already in existence.

Does the existing lease suit the type of business that the tenant wants to operate? Or does the lease permit the correct use of the premises thus enabling the tenant to operate from them and not to fall foul of planning regulations? Usually, these leases will be of a longer duration, for example, for 10, 15 years or more. When they were originally drafted, the rent would have been set at a certain level with a provision in the lease to enable the rent to be increased using a complex formula.

The tenant needs to know by how much the new rent is increased for budgetary purposes and how often it will be increased and the method by which this is done.

Also, a new tenant entering into an agreement with a landlord under an existing lease needs to provide trading accounts for previous years' trading and references. A person entering into the running of a small business will not know which way to turn.

Again, the help and support of an experienced property lawyer is essential. From their previous experience and accumulated knowledge, property lawyers can sort out this "minefield" whilst the new businessman can concentrate on other issues such as ordering his furniture, stock, etc.

If legal advice is not sought at the beginning of a new business, the tenant could find himself in great difficulties.

It does not matter whether the tenant is opening a large department store, taking a unit in a retail park or opening up a corner shop.

All leases or tenancy agreements obtained from the owner of the property contain provisions that could lead to future problems for the tenant if not correctly addressed at the outset.

If legal advice is not sought at the beginning of the business, the tenant could find himself in great difficulties.

Tenants who don't seek advice could find themselves without premises to operate from if they fail to comply with any of the covenants or terms contained in the lease.

Once again, our advice is seek the best advice. In this way the tenant can enjoy the new business venture - AND make a success of it.