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Commercial Leases | Jersey Business Legal Services | Parslows Jersey

commercial leases Parslows JerseyCommercial leases in Jersey – a brief overview

While the terminology may seem quite familiar, for real estate practitioners in the United Kingdom and elsewhere, the legal effects in relation to Jersey Commercial leases can be very different.

Term of lease

Under Jersey law, a commercial lease with a term of nine years or less may be dealt with without the formality of attending the Royal Court.  These can be completed on any day by the parties executing the lease document itself.

Leases for a term in excess of nine years must be passed before the Royal Court of Jersey on a Friday afternoon.

Security of tenure

In Jersey, there is no equivalent to the Landlord and Tenant Act 1954 relating to a prima facie right to remain in commercial premises after the expiry of a lease.

However, under Jersey law, if a tenant remains in occupation after expiry of the term, and rent continues to be accepted, a new tenancy may be deemed to arise on identical terms, save as to guarantors.

Assignment

There is no presumption under Jersey law that a tenant may assign a lease without the consent of the Landlord (unless the lease expressly provides otherwise). Jersey has no equivalent statutory overrides section 19 of the Landlord and Tenant Act 1927 which implies into any qualified covenant against assignment the obligation of the landlord not to unreasonably.

Breach or termination

Jersey has no concept of forfeiture of leases.  There is no equivalent of the Law of Property Act 1925 section 146 procedures. The Landlord is likely to have the right to cancel the lease on specified grounds if the Tenant is in breach, subject to obtaining an appropriate court order. There is no provision for “relief” from cancellation. If both parties wish to terminate the lease, they can enter into a contract of cancellation on agreed terms.

Tax

Goods and Services Tax (‘GST’) may be payable on Commercial Leases.  This is currently 5% on rental. There are exceptions to this. International Service Entities such as banks, trust companies and other financial institutions, who have been granted an exemption, will not incur GST.

Non-resident landlords are taxed at a rate of 20% on rental income derived from Jersey property.

Stamp duty on leases is payable if the term of the lease exceeds nine years.

There is no capital gains tax in Jersey.

 

Carl Parslow | Partner | Jersey Business Legal Services

For advice, assistance or further information on Jersey commercial leases or commercial property please do not hesitate to call 630530 or email us on comprop@parslowsjersey.com


Parslows Jersey can help

We know that Jersey businesses have to carefully manage their budget. If we consider a client can resolve a matter without the services of one of our lawyers or if we can provide succinct advice in the right direction, we will say so. Whether we’re advising a Jersey start-up company or an established Jersey business, we always start and end with what is in your commercial interest.

Parslows Jersey Business Legal Services team is small enough to care but big enough to trust.


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.

 

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