Get legal help with a lease side letter and the issues around it

It is commonly used by commercial landlords, tenants and occupiers who have agreed a specific arrangement that sits alongside an existing lease but does not justify rewriting the whole document. Examples include a temporary concession, a personal permission, a short-term occupation arrangement, or a consent-related point that needs to be recorded carefully. It can also be useful where the parties have exchanged emails or heads of terms but want the final wording checked properly. The service is broader than a narrow document-only review because we also advise on the surrounding lease issues that affect the side letter.

The difficulty is usually in the interaction between the side letter and the lease already in place. If the wording is casual, the parties may later disagree about whether the arrangement was personal, temporary, conditional or binding on successors. Problems also arise where the side letter appears to soften a lease restriction without clearly saying how far that relaxation goes. Rent concessions, use permissions, assignment points and occupation sharing can all become contentious if the side letter is unclear or sits awkwardly with the lease wording. That is why both documents need to be considered together.

A side letter is often used for a specific, limited arrangement rather than a wholesale rewrite of the lease. That could include a temporary rent concession, a short-term permission linked to use or occupation, a personal arrangement for the current tenant, or wording around consent, assignment or sharing occupation in a particular scenario. Whether a side letter is suitable depends on the lease terms and the commercial deal actually agreed. In some matters, a deed of variation or another formal document may be more appropriate if the intended change goes further than a side letter comfortably should.

Yes, we can advise on the wording and the lease issues that arise, but the answer will depend on the lease and the exact arrangement being proposed. A side letter can sometimes record a position connected to consent, assignment or occupation, but it does not automatically override restrictions in the lease itself. In some cases, a separate licence or formal consent document may still be needed. We review the lease wording and the proposed side letter together so you have a clearer view of where the document helps, and where additional steps may still be required.

Once the wording is settled, the next step is usually making sure it is signed by the correct parties and kept with the lease and any related consent documents. That matters because future questions about rent, occupation, assignment or enforcement may depend on reading the side letter alongside the lease. There may also be follow-up practical steps, such as checking whether notices, internal approvals or third-party consents are needed. If an external approval issue arises, approval depends on the relevant regulator or authority, and timeframes can differ for Lease Side Letter depending on the authority involved.

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