Sole trader to Limited company - New lease?

I am moving my retail business from sole trader to a limited company.

Same name, same business.

Should I contact landlord and update the lease? I fear they might ask for more money as my shop is situated at a good location.

However, could I just carry on with the old lease and have the limited company paying myself as sublet?

Comments

  • Aquamania
    Aquamania Posts: 2,112 Forumite
    I am moving my retail business from sole trader to a limited company.

    Same name, same business.

    Should I contact landlord and update the lease? I fear they might ask for more money as my shop is situated at a good location.

    However, could I just carry on with the old lease and have the limited company paying myself as sublet?

    Seek independent legal advice.

    I suggest you do not even understand the facts as they are.

    Are you allowed to sublet the premesis (with or without the landlords express permission)?
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Typically, you would need to assign the lease to the Limited Company from your self. The Landlord can charge for the admin involved in this.


    You can't just sublet, even to yourself as this may be against the covenants in the lease. Even if you did, there would still be legal costs involved.


    As your new company has ne trading record, no assets and no Accounts, the landlord may decline your assignment unless you offer a Directors Guarantee.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    And also Its not the same name. J Smith is not the same name as J Smith Ltd. They are two legally different entities.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350K Banking & Borrowing
  • 252.7K Reduce Debt & Boost Income
  • 453.1K Spending & Discounts
  • 243K Work, Benefits & Business
  • 597.4K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.