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Legal advice: the rights you need in a lease

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Legal advice: the rights you need in a lease

What should a lease always cover? Here's a  list of things not to forget

Pharmacists often operate their businesses from leasehold property within part of a building or health centre and the extent of the rights granted in a lease can significantly impact on the ability of the tenant to use the pharmacy.

The following are some examples of rights you should consider:

Common parts – Consider the grant of rights over common parts where the lease is not of a self-contained building with direct access to the public highway. These rights may include rights to drive along estate roads belonging to the landlord, which are not public highways, to pass over corridors/stairs and to use lifts within the building.

Signage – A pharmacy tenant will usually want to install signage and a pharmacy sign on the exterior of the building (which may remain in the ownership of the landlord), as well as directional signage in any common parts.

Car parking spaces – New health centres are increasingly being built in out-of-town locations and a tenant of a pharmacy could require the right to use a certain number of spaces in the car park.

Fire escapes – Consider if any rights of escape are needed through fire escapes within the building for emergencies.

Toilet and kitchen facilities – A small pharmacy in a health centre may not have its own toilet and kitchen facilities, so will want to share these with other tenants in the building.

Air conditioning plant – A tenant may want to install air conditioning units and equipment and/or a satellite dish on the exterior of the building.

Security grilles – As break-ins of pharmacies are becoming increasingly common, a tenant may require a right to install security grilles over the external window and door frames of the pharmacy.

  • The above is a general overview and we recommend that independent legal advice is sought for your specific concerns.

Asfa Javed is associate solicitor at Charles Russell Speechlys LLP.

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