Leases of shops and offices sometimes have clauses in them saying that they can’t be used outside “normal business hours”.
This is only really justified if you’re taking a lease of part of the building and the building has to be closed for the night or for other security or practical reasons. For example, if it’s a building which has to be looked after by a caretaker, who has to lock up each evening, that would be a good reason for offices to have to close at a certain time. The same might apply to a shopping centre with external doorways that have to be locked each evening.
Obviously, you should never agree to such clause if you are going to be occupying a typical lock-up shop.
You should always scrutinise the covenants and restrictions carefully to note any which will have a practical ill effect on your planned business and get them changed – or look for another property.
There are other restrictions which landlords may want to impose in certain circumstances. – usually when you are going to be the tenant of one shop among many shops in a shopping centre or one among many offices in a multi-occupation building.
Specific restrictions imposed for shops may include rules about what signs you can put up – and maybe even requiring specific consent of the landlords for any sign before you can put it up – and rules about how you must maintain window displays, and whether (and at what times and where) you can play music.
Your solicitors will be reading the lease with a view to spotting ‘legal’ issues. They will probably send you a copy so you can notify them of any likely practical problems. So, you mustn’t just rely on your solicitors to spot problems – remember, they won’t be looking for the same problems. You should always scrutinise the covenants and restrictions carefully to note any which will have a practical ill effect on your planned business and get them changed – or look for another property.