Securing a Commercial Lease Renewal for The Bay Tree Café in Haywards Heath

Helping a thriving café secure its premises for the next decade

Running a successful café is about far more than great coffee and loyal customers. Behind the scenes, securing the right commercial lease can be crucial to protecting
the future of the business.

In this case study, we explain how the commercial property team at the Jonathan Lea Network helped the owners of a popular West Sussex café successfully
complete a commercial lease renewal under the Landlord and Tenant Act 1954, while also securing a separate licence to occupy an outdoor seating area.

Our specialist commercial property solicitors, led by Liam Mulvee, ensured the café owners’ rights were protected, negotiated key amendments to the lease
documentation and completed all the necessary post-completion legal formalities.

Background: A Successful Café Looking to Secure Its Future

The Bay Tree is a well-known café and retail shop located in Haywards Heath, West Sussex. It trades from premises in The Orchards Shopping Centre and has built a
strong reputation locally with both shoppers and regular customers.

As the commercial lease approached expiry, the owners had already agreed Heads of Terms with their landlord, for a new lease protected by the Landlord and Tenant
Act 1954.

Alongside the new lease, they also required a separate Licence to Occupy an outdoor marquee seating area situated in the centre of the shopping precinct, which
was an important feature of the café’s trading space.

To ensure everything was handled correctly, the owners instructed the Jonathan Lea Network’s commercial property team to review the legal documentation prepared by
the landlord’s solicitors and manage the lease renewal process.

The Challenges of a Commercial Lease Renewal

Although the new lease had broadly been agreed in principle, a number of legal and practical issues needed careful attention before the transaction could be completed.

Approaching statutory deadlines under the Landlord and Tenant Act 1954

Because the lease renewal fell within the security of tenure provisions of the Landlord and Tenant Act 1954, strict statutory deadlines applied. As negotiations continued, the deadline to make a protective court application to preserve the tenant’s renewal rights was approaching quickly. Without action, the café owners risked losing important legal protection.

Managing two separate agreements

The transaction involved two different legal arrangements:

• A time specific commercial lease for the main café premises
• A Licence to Occupy for the outdoor marquee seating area

Both documents required careful legal review to ensure they worked together and protected the café owners’ interests.

How Our Commercial Property Solicitors Helped

Our team took a proactive and practical approach to resolving these issues and completing the lease renewal smoothly.

Negotiating an extension to protect the tenant’s statutory rights

To avoid the need for a costly court application, we negotiated an extension of the statutory deadline under Section 29B(1) of the Landlord and Tenant Act 1954.

This allowed both parties additional time to finalise the lease terms while ensuring the café owners’ security of tenure remained protected.

Reviewing and negotiating the new commercial lease

We carried out a detailed legal review of the proposed lease to ensure it reflected the agreed Heads of Terms.

This included confirming:

• The rent review provisions
• The agreed time specific tenant break clause
• The correct extent of the demised premises

Advising on the outdoor seating licence

Outdoor seating can be a major attraction for cafés and restaurants, particularly in
busy shopping areas.

We carefully reviewed the Licence to Occupy for the marquee seating area and
provided clear advice on the termination provisions and ongoing obligations,
ensuring the clients fully understood their position.

Handling SDLT and Land Registry registration

Once the documents were completed, our team managed all post-completion legal
requirements, including:

Filing the Stamp Duty Land Tax (SDLT) return with HM Revenue & Customs

• Preparing and submitting the Land Registry application
• Registering the new lease against Mid Sussex District Council’s freehold title
• Securing a new Absolute Leasehold Title for the premises

The Outcome

The Jonathan Lea Network successfully completed the commercial lease renewal
and licence to occupy to the client’s full satisfaction.

By carefully managing the statutory deadlines under the Landlord and Tenant Act
1954, correcting the lease plan and handling all legal formalities, we ensured the
café retained the protection and stability it needed.

The Bay Tree is now securely established in The Orchards Shopping Centre for an
agreed fixed timeframe with the continued ability to operate its popular outdoor
seating area.

Thinking of Buying or Running a Café?

If you are buying a café, taking on a commercial lease, or renewing an existing
lease, obtaining the right legal advice is essential.

Our specialist commercial property solicitors regularly advise business owners on:

• Commercial lease renewals
• The Landlord and Tenant Act 1954
• Licences to occupy
• Café, restaurant and retail leases
• Negotiating favourable lease terms

If you would like to discuss your situation, please contact the commercial property team at the Jonathan Lea Network today.

📞 Phone: 01444 708640
✉️ Email: wewillhelp@jonathanlea.net
🌐 Online Contact Form

Photo by Anastasiia Chepinska on Unsplash