Clear, commercial lease advice for landlords and tenants in Jersey.

Whether you are leasing office space, retail premises, or an industrial unit, a properly structured lease is key to protecting your rights, managing your obligations, and avoiding disputes.

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Our Expertise

At BCR, our team of experts act for both landlords and tenants in all aspects of lease negotiation, drafting,  management, and termination. We provide commercially realistic legal advice that reflects the market, protects your position, and is tailored to your business needs, whether you are a single-site tenant or a commercial landlord managing a portfolio.

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Our Approach

We advise on all aspects of commercial lease transactions, including:

• Drafting and negotiating new leases.
• Reviewing and advising on proposed terms (Heads of Terms).
• Agreements for lease.
• Lease renewals, extensions, and variations.
• Break clauses and early termination.
• Subletting and assignment.
• Rent review mechanisms.
• Service charge and repair obligations.
• End-of-lease dilapidations claims.
• Surrender and exit planning.

Whether you are entering into a long-term contract lease (being a lease for an initial term in excess of nine years) or a shorter term “paper lease” arrangement, we will help you understand your rights and obligations clearly and ensure your legal documentation supports your commercial goals.

Acting for Landlords

We assist commercial landlords with the following: -

• Drafting robust, clear “institutional” grade, leases tailored to the nature of the premises.
• Ensuring rent, repair, insurance, and use provisions are enforceable.
• Incorporating appropriate service charge mechanisms.
• Including guarantees and rent deposit provisions.
• Addressing consent provisions for assignment or alterations.

We work closely with property managers, surveyors, and managing agents to ensure legal and practical alignment throughout the tenancy lifecycle.

Acting for Tenants

We also act for tenants, from small business operators to large corporate occupiers, helping them:

• Understand and negotiate Heads of Terms
• Review draft leases and flag risk areas.
• Negotiate fair and flexible clauses (breaks, alienation, repair, etc.)
• Deal with early exit strategies and lease terminations.
• Challenge or negotiate dilapidations claims at lease end.
• Protect their rights when dealing with rent reviews, consents, or variations.

We ensure tenants understand the long-term implications of their lease commitments and that documents are workable for their operations.

Dilapidations – Understanding Your Repair Obligations

Dilapidations refer to breaches of a tenant’s repair and reinstatement obligations under a lease. These often arise towards the end of a lease when landlords assess the condition of the premises and seek compensation or remedial work.

Common Dilapidations Issues:

• Failure to maintain the premises to the required standard.
• Alterations not reinstated at lease expiry.
• General wear and tear beyond fair usage
• Damage not repaired in breach of the repairing covenant.

Under Jersey law, dilapidations claims are typically based on the lease covenants, supported by a schedule of condition or evidence of disrepair.

For landlords, we:

• Advise on preparing and serving valid schedules of dilapidations.
• Assess entitlement to compensation or remedial works.
• Negotiate settlement or enforce rights through court action.

For tenants, we:

• Review the lease to assess obligations and scope of liability.
• Challenge invalid or excessive claims.
• Negotiate reduced settlements or agree works in lieu of payment.

Dilapidations disputes can become contentious and expensive, particularly in older properties or where the scope of the tenant’s obligations is unclear. We work closely with building surveyors and valuers to ensure claims are properly quantified and fairly resolved.

Agreements for Lease and Conditional Occupation

Before a lease is formally granted, parties often enter into an agreement for lease (also known as a ‘Pre-Let’, particularly where occupation is conditional on:

• Planning permission being granted.
• Landlord works being completed.
• Fit-out periods or staged possession.

We advise on structuring these agreements so that obligations are clear, dates are realistic, and risks are minimised. This is especially important when leases are linked to construction contracts, finance arrangements, or pre-sale agreements.

Assignments, Subletting and Alterations

Commercial leases often contain restrictions on a tenant’s ability to:

• Assign the lease to another occupier.
• Sublet the premises.
• Carry out internal or structural alterations.

We advise both landlords and tenants on how these provisions are negotiated and enforced, and how to obtain or grant the necessary consents. We draft and review:

• Deeds of assignment.
• Licences to sublet.
• Licences for alterations.
• Guarantee agreements.

Clear advice and timely action help avoid disputes and ensure compliance with the lease.

Disputes and Enforcement

We work closely with our Dispute Resolution team to advise on:

• Non-payment of rent.
• Breach of user or repair clauses.
• Landlord re-entry and forfeiture.
• Injunctions and relief from forfeiture.
• Rent arrears recovery.
• Enforcement of break clauses or Eviction Orders.

Where possible, we encourage negotiated outcomes, but when litigation is required, we act promptly and strategically to protect your position.

Our Values in Action

Excellence: In lease drafting, negotiation, and advisory precision.

‍Delivery: Timely and efficient service, aligned with transaction deadlines.

‍Respect: For your business goals, time constraints, and commercial relationships.

‍Elegance: Clean, effective documentation that supports clarity and certainty.

Why BCR Law

Clear, commercially realistic lease advice tailored to both landlords and tenants, grounded in Jersey’s property market and legal framework.
Our expert team delivers precise, practical support across every stage of the leasing lifecycle, from negotiation to dispute resolution.