Fitzwilliam Malton Estate

Fitzwilliam Malton Estate is committed to providing effective property solutions to help people set up and run, as well and buy and sell businesses in Malton. As part of that commitment the Estate's standard lease for commercial property has been simplified to comply as far as possible with the latest Government guidance on lease terms, ''The Code of Leasing Business Premises in England and Wales 2007''. The Code aims to promote fairness in commercial leases, and recognises a need to increase awareness of property issues, especially among small businesses, ensuring that occupiers of business premises have the information necessary to negotiate the best deal available to them.

The Estate's leases comply with this code with only three exceptions. The code was formulated with most Landlords in mind as absentee investors in a single property where the Landlord's main concern is that the rent is paid. The three exceptions relate to the special circumstances of the Estate's ownership of a substantial proportion of properties in one location, Malton.

1. Code compliant leases do not require the Tenant to have complied with the terms of the lease before it is transferred (technically called an assignment) to another person. The Estate's leases do require the outgoing Tenant to have complied substantially with the lease terms before the property is transferred to a new Tenant. The reason for this variance from the Code is to encourage Tenants to keep properties in good order, both to maintain the amenity levels in the town centre and so that the incoming Tenants do not take over an unknown repair liabilty.

2. Code compliant leases do not allow the Landlord to approve the type of trade that uses the property. The Estate lease does keep some element of control over this aspect of the property so that the Estate can have a helpful influence towards keeping a healthy mix of retailers and services in Malton town centre.

3. Code compliant leases do not allow the Landlord to approve alterations and improvements to the buildings. Estate leases do require Landlord's consent for alterations. Whilst not wanting to prevent Tenants from making changes that will help their business the historic nature of buildings means that improvements carried out without due consideration to the historic fabric and the aesthetics of the building will damage the appeal of the town. The Estate has experience in adapting buildings sensitively and can usually find a way to achieve what the Tenant needs for the business in a way that is appropriate for the historic nature of the building and its setting.

By clicking on the links below you can see the Estate Standard draft lease and look at the Code for Leasing Business Premises. There is also a guide to leasing premises.

You can read more about this code of practice for Leasing Business Premises from the RICS website.

You can also view a PDF of the full RICS guide, 'A code of good practice for commercial leases in England and Wales'.

Click here to view a Standard Short Form Commercial Property Lease.

Click here to view a Standard Commercial Property Lease .