How does the lease working when buying a business?

I'm wondering how the lease works when buying a business. I have no doubt each lease will be unique but I'm looking for a general idea here.

Say there's a shop for sale and its got 5 years left on the lease and I want to buy all the shares in the LTD. Does the lease just continue as is for 5 years because the LTD is the same - i.e. nothing has changed? (Assuming the lease is in the company's name rather than the owner)
Is it more expected that buying the company will trigger a new lease and whatever new requirements/guarantees the landlord wants including an incease (or decrease) in rent?

Thanks
 

Chris Ashdown

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  • Dec 7, 2003
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    Big expenses can occure with the lease though, so you need to fully understand what the lease entails, you might be responsible for massive repairing costs at the end of the lease

    Also buying the company can have problems, rather than buying the assets and starting a new company and getting the landlord to accept you taking over the lease may stop hidden liabilities talk to Clinton who is a expert on this matter and on the forum
     
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    There are many many gotchas when buying a business and the conditions of the lease is just one of them. Others include TUPE, equipment and furniture leases and the many, many contracts that a business may have with outside interests, such as service and advertising contracts.

    Often the real price of a business is not what is paid (before or after hand-over) but the hidden costs that come to bite the new owners in the bum.

    Because of all the pitfalls, you will need expert advice and not just from lawyers and accountants - though you'll need those as well!
     
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    Clinton

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    Jan 17, 2010
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    ... talk to Clinton who is a expert on this matter and on the forum
    Thanks, Chris.

    @acrobat , as I advised in your other thread, you'd be better off starting a business than buying one. At this end of the market you're more likely to end up buying a lemon.

    If you do want to buy then pay well for good advice and do not do anything without expert advice!

    Leases can hide all manner of problems. As @Scalloway says, if the limited company holds the lease, you acquire the lease when you acquire the shares ...but, is there for example a PG from the vendor to cover the lease (as @kulture says)? The vendor will want to extricate himself from the PG and the landlord may not accept your PG in substitute (why would he spend money on lawyers, on credit checking you etc? What incentive or financial inducement are you going to give them to do this?)

    But that's just the start of your potential problems. There could be disputes between the landlord and the vendor and a payment due from the company for some "breach" of terms. Or disputes between the vendor and neighbours. When selling a house you are legally required to disclose these disputes. Not so when selling a business!

    The lease is but one tiny part of the deal!

    Often the real price of a business is not what is paid (before or after hand-over) but the hidden costs that come to bite the new owners in the bum.
    Heed that advice.

    Buying shares is a highly risky activity and you should be prepared to spend thousands in fees for professional advice (and the advice may end up being that this is not a good business to buy! So you will have lost that money you paid in fees) Even investors who take advice sometimes come a cropper. I don't have high hopes of you pulling this off and not coming to regret it.

    If you must proceed, get advice from a trustworthy business broker or someone smart and savvy in this field, like me :) (but note that I myself can't take this on as I'm fully booked up. Please don't PM me about it)

    Good luck.
     
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    Thanks for all the advice! It certainly sounds like the most sensible route to getting a location is going directly to a landlord/agent rather than trying to get a "deal" buying up some failed business.
     
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