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How to lease commercial property in the UK

For a shop, office or café in England and the rest of the UK: the cost, the lease and the tax. Checked on 1 November 2026.

General information, not legal or tax advice. The rules below are mainly for England; Scotland, Wales and Northern Ireland have their own versions of some of them. Have a solicitor review a business lease before you sign.

In short

UK commercial rents are usually quoted per square foot per year, and the tenant normally also pays business rates, a service charge in shared buildings, and often VAT on the rent. In England and Wales a business tenant has a right to renew the lease under the Landlord and Tenant Act 1954 unless the lease is "contracted out" of it. Stamp Duty Land Tax is due on a new lease only when the net present value of the rent is over £150,000.

1. Work out the full cost

2. Understand the lease terms

3. Security of tenure: the 1954 Act

In England and Wales, Part 2 of the Landlord and Tenant Act 1954 gives most business tenants the right to renew their lease when it ends; the landlord can refuse only on grounds set out in the Act, such as redevelopment or serious breaches. Landlords often ask to "contract out": the landlord serves a warning notice and the tenant signs a declaration giving up those rights before the lease is signed. Know which kind of lease you are signing. The Law Commission published a consultation on reforming the Act in June 2026; the current rules still apply.

4. Stamp Duty Land Tax on a lease

In England and Northern Ireland, SDLT on a new non-residential lease is worked out on the net present value (NPV) of the rent over the term. No SDLT is due on the rent if the NPV is under £150,000; above that, the rate is 1% on the part up to £5 million and 2% above. A premium is taxed separately. HMRC has a calculator for the NPV. Scotland (LBTT) and Wales (LTT) have their own taxes.

5. Before you sign

Checklist

  1. Full yearly cost worked out: rent, business rates, service charge, VAT, insurance
  2. Rateable value and any rates relief checked with the council
  3. Lease inside or contracted out of the 1954 Act: you know which
  4. Break clause, rent review and repair terms agreed in the heads of terms
  5. SDLT checked if the rent NPV may exceed £150,000
  6. Planning use and any licences confirmed
  7. Solicitor has reviewed the lease

Questions people ask

Who pays business rates on a rented shop?

Normally the occupier, so the tenant, not the landlord. The amount depends on the rateable value set by the Valuation Office Agency and any relief you qualify for.

What does contracted out of the 1954 Act mean?

The tenant gives up the statutory right to renew the lease when it ends. The landlord must serve a warning notice and the tenant must sign a declaration before the lease is entered into.

Do I pay stamp duty on a commercial lease in England?

Only if the net present value of the rent over the term is more than £150,000. The rate is 1% on the part above £150,000 and 2% above £5 million.

Is VAT charged on commercial rent in the UK?

Only if the landlord has opted to tax the property. Then VAT at the standard rate is added to the rent, and a VAT-registered tenant can usually reclaim it.

Sources

Checked on 1 November 2026. Found something out of date? Write to support@shopsonrent.com.

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