Leasehold

Definition

Leasehold in business refers to the rights held by a tenant or lessee to use and occupy a property for a specified period under the terms of a lease agreement.

What is a leasehold?

This arrangement is prevalent in commercial real estate and is a key aspect of business operations, allowing companies to secure a physical space without the need for outright property ownership.

Key elements and considerations related to leasehold in business include:

1. Lease agreement: A leasehold is established through a formal lease agreement between the property owner (lessor) and the business renting the space (lessee). The lease agreement outlines the terms and conditions of the lease.
2. Duration of lease: The leasehold period is the duration for which the lessee has the right to occupy and use the premises. Lease terms can vary widely, ranging from short-term leases of a few months to long-term leases spanning several years.
3. Rental payments: The lessee typically pays rent to the lessor in exchange for the right to use the property. The rental amount, frequency of payments, and any provisions for rent increases are specified in the lease agreement.
4. Improvements and customisation: Depending on the terms negotiated in the lease, businesses may have the right to make improvements or customise the leased space to better suit their operational needs.
5. Maintenance and repairs: The lease agreement defines the responsibilities for property maintenance and repairs. While some leases place the responsibility on the lessor to maintain the property, others may require the lessee to handle certain aspects of maintenance.
6. Termination and exit provisions: The lease agreement specifies conditions under which either party can terminate the lease. This may include breach of contract, non-payment of rent, or other circumstances outlined in the agreement.
7. Market conditions and negotiation: Leasehold arrangements are influenced by market conditions. Factors such as location, property size, and demand for commercial space can impact lease terms

Example of a leasehold

XYZ Corporation, a growing tech company, decides to expand its operations and lease office space in a commercial building. They negotiate with the property owner and agrees to lease a 5,000-square-foot office space for a period of five years and the monthly rent for the office space is €5,000.

The lease agreement outlines the tenant’s responsibilities, which may include maintaining the interior of the space, paying utility bills, and complying with any building regulations. XYZ Corporation is responsible for the day-to-day operations and care of the leased premises.

At the end of the lease term, XYZ Corporation is expected to return the leased premises in good condition, accounting for reasonable wear and tear. The property owner may conduct an inspection before returning any security deposits.