Commercial Property Solicitors and Lawyers should specify the Term in the Lease and ensure all tenancies are of a definite Term.  For example in the House of Lords case of Prudential Assurance Company Ltd -v- London Residuary Body [1992] 2 AC 386 it was decided that a term for so long as the Landlord required the land for road widening was held to be void.  The Landlord's Solicitors and Tenant's Solicitors could overcome this scenario by stating the Term was for a fixed period of say 2 years but that the Tenant could determine the Lease on notice if the land was no longer required for road widening.  It is important for Landlords and Tenants to explain all the facts and circumstances to the Solicitors.

When negotiating the Term of a periodic Lease / Tenancy the Landlord and Tenant should not exclude the right to determine the Lease / Tenancy by service of a notice to quit.  The Landlord's Solicitors can reach an agreement with the Tenant's Solicitors to limit the right to serve the notice to quit in say the first 2, 3 or 5 years.  for example in a new Lease the Landlord's Solicitors could not issue and serve a notice to quit in the first three years and therafter can do so on six months notice.

The provision of Rent is not a pre-requisite for a valid Lease.  It follows that the Lease does not become a Licence in the absence of Rent. Rent is often the main issue in negotiations between the Landlord's Solicitors and the Tenant's Solicitors.

In many Commercial Property Leases the Tenant's Solicitors will usually ask the Landlord's Solicitors for a rent free period to allow the Tenant to design and fit the Commercial Property in the Tenant's trading style.
In many older Residential Properties the Buyer's Solicitors will find the Lease is subject to a peppercorn rent.  The new builds are not so generous and an annual ground rent or rentcharge of between £100 and £200 is not uncommon.