Home / Kitchen Deep Cleaning / Guide
Kitchen deep cleaning - premises and leases
A commercial lease often puts more maintenance responsibility on the tenant than they realise - not just their own fit-out, but building repairs, services, and the cost of putting the premises back at the end. These liabilities can be substantial and are easy to overlook when signing. Here are the hidden maintenance liabilities in a building lease, and why they matter for a catering tenant. This is general information, not legal advice.
The short answer
When taking on a commercial premises, a tenant naturally focuses on the rent and their own fit-out - but the lease often imposes maintenance liabilities that are easy to overlook and can be substantial, which is why they are worth understanding before signing. The main hidden liabilities are these. Repairing obligations: the lease sets out what the tenant must repair and maintain, and these obligations can be broader than a tenant expects - potentially extending beyond their own fittings to the fabric and even the structure of the building, depending on the lease. A full repairing obligation can make the tenant responsible for keeping the premises (or their part) in repair, which can mean significant costs if things need fixing - and a tenant can find themselves liable to repair things they did not cause or expect. Building services: the tenant may be responsible for maintaining the building services serving their premises - which, for a catering tenant, importantly includes the kitchen extraction and ductwork, as well as things like heating, ventilation and other systems. So maintaining (and cleaning) the extraction system can be the tenant's liability under the lease. Dilapidations: at the end of the lease, the tenant is typically required to return the premises in a certain condition (often as they took it, or in good repair), and the cost of doing so - putting right wear, removing or reinstating alterations, making good - is the dilapidations liability, which can be large and is a common source of unexpected end-of-lease cost. The landlord can claim for dilapidations if the premises are not returned as required. Service charges: in multi-occupancy buildings, the tenant usually pays a service charge towards the maintenance of common and shared parts, which can be significant and variable. These liabilities are hidden in the sense that they are in the lease terms (the repairing covenant, the service-charge provisions, the yield-up and reinstatement clauses) rather than obvious upfront, and a tenant who does not read and understand them can be caught out by costs they did not anticipate. So the practical message is to check the lease's maintenance and repair terms carefully, with professional advice (a solicitor and often a surveyor), before signing - understanding exactly what you are taking on, including for the kitchen extraction and the end-of-lease condition. For a catering tenant specifically, the extraction and ductwork are a notable item: keeping them maintained and cleaned may well be your responsibility under the lease, and their condition can feature in dilapidations. This is general information, not legal advice; a specific lease should be reviewed by a solicitor and surveyor.
Key points
More than you expect
When a business takes on a commercial premises, attention naturally goes to the obvious things - the rent, the location, the fit-out needed to trade. What can get overlooked is the range of maintenance and repair liabilities the lease imposes, which can be broader and more costly than a tenant expects. A commercial lease is a detailed legal document, and buried in its terms are the tenant's obligations to repair, maintain, contribute to costs, and hand the premises back in a certain state - obligations that can add up to significant liabilities over the life of the lease and especially at its end. These are hidden not because they are concealed, but because they are in the detail of the lease terms rather than the headline figures, so a tenant focused on rent and fit-out can sign up to them without fully realising what they involve.
This matters because these liabilities can be substantial and unwelcome - a tenant can find themselves responsible for repairs, for maintaining building services, and for a potentially large end-of-lease cost, none of which they budgeted for if they did not understand the lease. For a catering business, with its significant kitchen services (notably the extraction), some of these liabilities are particularly relevant. So it is well worth understanding, before signing, what maintenance liabilities a commercial lease can impose, so they can be checked, negotiated where possible, and budgeted for - rather than discovered later as unexpected costs. The following sections cover the main ones: repairing obligations, liability for building services (including the extraction), dilapidations at the end of the lease, and service charges - the hidden maintenance liabilities that a catering tenant, in particular, should look out for. The theme throughout is: read and understand the lease's maintenance terms, with professional advice, before you commit.
Repairing obligations
The core maintenance liability in a lease is the repairing obligation - what the tenant covenants to repair and keep in good condition. The critical, and often underestimated, point is how far this extends. A tenant might assume they are only responsible for their own fittings and the interior, but repairing obligations can extend much further - to the fabric of the premises, and in some leases to the structure - depending on how the lease is drafted. A full repairing obligation (or a full repairing and insuring lease) can make the tenant responsible for keeping the whole of their demised premises in repair, which can mean liability for significant building elements. So a tenant can be on the hook for repairs well beyond what they expected - potentially including things that were already in poor condition, or that fail through no fault of the tenant, because a repairing covenant can require the tenant to put and keep the premises in repair regardless of the cause.
This is a substantial hidden liability, because building repairs can be expensive, and a broad repairing obligation transfers that cost and risk to the tenant. It is particularly a trap where the premises are older or already in less-than-perfect condition, because the tenant may become liable to bring them up to (and keep them in) the required standard of repair. The exact extent depends entirely on the lease wording - what is included in the demise, what the repairing covenant says, whether there are any limits (such as a schedule of condition recording the state at the start, which can cap the obligation to no worse than that) - which is precisely why the repairing terms need careful checking. A tenant should understand exactly what they are agreeing to repair and maintain, how far it extends, and whether the obligation can be limited (for instance by a schedule of condition). Getting professional advice on the repairing covenant before signing is important, because it is one of the biggest potential liabilities and one of the most commonly underestimated. So the repairing obligation is the first hidden liability to scrutinise: how far does it reach, and can it be limited?
Building services and extraction
A liability of particular relevance to a catering tenant is responsibility for building services - and specifically the kitchen extraction and ductwork. Leases often make the tenant responsible for maintaining the services that serve their premises, which can include heating, ventilation, and other building systems - and for a kitchen, the extraction system (the canopy, ductwork and fan that remove cooking fumes and grease) is a major service that may well fall to the tenant to maintain and clean. So under many leases, keeping the kitchen extraction properly maintained and cleaned is the tenant's liability, not the landlord's. This matters a great deal for a catering business, because the extraction needs regular cleaning and maintenance - both for its function and, crucially, for fire safety, since grease build-up in the ductwork is a fire risk - so being responsible for it is a real, ongoing obligation with real cost and importance.
The extraction is a good example of a hidden liability precisely because it is easy to overlook when signing a lease, yet it is significant for a kitchen: the ductwork can be extensive, its cleaning is a specialist job, and its condition matters for fire safety and for the end-of-lease position. A catering tenant should therefore check specifically who is responsible for the extraction and ductwork under the lease - its maintenance, its cleaning, and its condition at the end - because it may well be them, and it is a liability worth understanding and budgeting for. More broadly, the tenant should identify all the building services they are responsible for under the lease, since maintaining them is an ongoing cost and obligation. The extraction is the standout for catering, but heating, ventilation, and other systems may also be the tenant's responsibility. So building services, and the kitchen extraction in particular, are a key hidden liability for a catering tenant - one where understanding the lease terms directly affects the ongoing maintenance the business must arrange and pay for. Keeping the extraction cleaned and maintained is likely part of what the lease requires, as well as being necessary for fire safety regardless.
Dilapidations
One of the largest and most commonly underestimated hidden liabilities is dilapidations - the cost of putting the premises back into the required condition at the end of the lease. Leases typically require the tenant to return (yield up) the premises in a certain state - often in good repair, and frequently to reinstate any alterations the tenant made (removing their fit-out and putting the premises back as they were). The cost of meeting this obligation - repairing wear and dilapidation, making good, removing or reinstating alterations - is the dilapidations liability, and it can be very large, especially where the tenant has made significant alterations (as a catering fit-out often involves) that must be reinstated, or where the premises need substantial repair to meet the required standard. At the end of the lease, the landlord can serve a schedule of dilapidations and claim for the cost of putting the premises right if the tenant has not done so.
Dilapidations are a hidden liability because they arise at the end of the lease, often years after signing, so they are easy to ignore at the outset - but they can amount to a significant sum that a tenant who did not anticipate it can be badly caught out by. The extent depends on the lease terms (the repairing and yield-up covenants, any reinstatement obligations) and the state of the premises. For a catering tenant, dilapidations can be substantial because of the extensive fit-out (kitchen installation, extraction, services) that may need reinstating, and because the condition of things like the extraction can feature in the claim. So a tenant should understand their end-of-lease obligations from the start - what condition the premises must be returned in, what must be reinstated - and factor the potential dilapidations cost into their view of the lease. Steps like agreeing a schedule of condition at the start (recording the state of the premises, to limit the repairing and dilapidations liability to no worse than that) can help, which is another reason to take advice before signing. So dilapidations - the end-of-lease cost of putting the premises back - are a major hidden liability, particularly for a catering tenant with a significant fit-out, and one to understand and plan for from the outset rather than discover at the end.
Check before you sign
The consistent message across all these liabilities is that they are in the lease terms, so they can be understood - and should be, before signing - rather than discovered later as unexpected costs. Before committing to a commercial lease, a tenant should have the lease reviewed by a solicitor (and often a surveyor), to understand exactly what maintenance and repair liabilities they are taking on: how far the repairing obligation extends and whether it can be limited (for example by a schedule of condition); which building services they are responsible for maintaining (including, for a kitchen, the extraction); what the service-charge liability is in a multi-occupancy building; and what the end-of-lease dilapidations and reinstatement obligations are. Understanding these before signing allows the tenant to budget for them, negotiate them where possible, and avoid nasty surprises. A commercial lease is a major commitment with significant liabilities, and professional advice on its terms is well worth the cost against the potential liabilities involved. This is general information, and any specific lease should be reviewed by appropriate professionals.
For a catering tenant specifically, the kitchen extraction deserves particular attention among these liabilities, because it is likely to be the tenant's responsibility to maintain and clean, it carries real ongoing cost, and its condition matters both for fire safety throughout the lease and for the dilapidations position at the end. So a catering tenant should be clear on the extraction: check who is responsible for it under the lease, plan for its regular maintenance and cleaning (which is needed for fire safety in any case - grease build-up in the extraction is a fire risk - as well as likely being a lease obligation), and be aware that its condition can feature at the end of the lease. Keeping the extraction properly cleaned and maintained throughout the lease serves both the fire-safety need and the lease obligation, and it helps at the end of the lease too, because well-maintained extraction is less likely to generate a large dilapidations claim than neglected extraction. So the extraction is where a catering tenant's lease liabilities, fire-safety duties, and ongoing cleaning needs all meet - which is why understanding it in the lease, and keeping it maintained, matters throughout. This is general information; get professional advice on any specific lease and its maintenance liabilities.
Questions
More than a tenant often expects. The main ones are: repairing obligations (what the tenant must repair and maintain, which can extend beyond their own fittings to the fabric and even the structure of the building, depending on the lease); liability for building services (maintaining the services serving the premises - for a catering tenant, importantly including the kitchen extraction and ductwork, plus heating, ventilation and others); dilapidations (the potentially large cost of returning the premises in the required condition at the end of the lease, including reinstating alterations); and service charges (in multi-occupancy buildings, a contribution to maintaining common and shared parts). These are hidden in the sense that they are in the detail of the lease terms rather than the headline rent, so a tenant focused on rent and fit-out can sign up to them without fully realising. They can be substantial, which is why the lease's maintenance terms should be checked carefully, with professional advice, before signing. This is general information, not legal advice.
Potentially much further than a tenant assumes - beyond their own fittings and interior to the fabric of the premises, and in some leases to the structure, depending on the drafting. A full repairing obligation can make the tenant responsible for keeping the whole of their demised premises in repair, which can mean liability for significant building elements - and, because a repairing covenant can require the tenant to put and keep the premises in repair regardless of the cause, potentially for things already in poor condition or that fail through no fault of the tenant. This is a substantial hidden liability, because building repairs can be expensive, and it is particularly a trap with older or already imperfect premises. The exact extent depends on the lease wording - the demise, the repairing covenant, and any limits such as a schedule of condition recording the starting state (which can cap the obligation to no worse than that). So the repairing terms need careful checking and professional advice before signing.
Often yes - leases commonly make the tenant responsible for maintaining the building services serving their premises, and for a kitchen the extraction system (canopy, ductwork and fan) is a major service that may well fall to the tenant to maintain and clean. So under many leases, keeping the kitchen extraction maintained and cleaned is the tenant's liability. This matters greatly for a catering business, because the extraction needs regular cleaning and maintenance both for function and, crucially, for fire safety - grease build-up in the ductwork is a fire risk - so being responsible for it is a real, ongoing obligation with real cost. The extraction is easy to overlook when signing yet significant for a kitchen: the ductwork can be extensive, its cleaning is a specialist job, and its condition matters for fire safety and the end-of-lease position. So a catering tenant should check specifically who is responsible for the extraction and ductwork under the lease - maintenance, cleaning, and end-of-lease condition.
The cost of putting the premises back into the required condition at the end of the lease. Leases typically require the tenant to yield up the premises in a certain state - often in good repair, and frequently reinstating any alterations the tenant made (removing their fit-out and restoring the premises as they were). The cost of meeting this - repairing wear, making good, removing or reinstating alterations - is the dilapidations liability, and it can be very large, especially where the tenant made significant alterations (as a catering fit-out often involves) that must be reinstated, or where substantial repair is needed. At the end of the lease the landlord can serve a schedule of dilapidations and claim the cost if the tenant has not done the work. Dilapidations are easy to ignore at the outset because they arise years later, but they can be a significant, unexpected sum. For a catering tenant they can be substantial because of the extensive fit-out, and the extraction's condition can feature. Understand the end-of-lease obligations from the start.
Mainly by understanding the lease before signing and taking professional advice. Have the lease reviewed by a solicitor (and often a surveyor) to understand exactly what you are taking on: how far the repairing obligation extends and whether it can be limited; which building services you must maintain (including the extraction, for a kitchen); the service-charge liability; and the end-of-lease dilapidations and reinstatement obligations. Understanding these before signing lets you budget for them, negotiate where possible, and avoid surprises. Specific protections can help - for example, agreeing a schedule of condition at the start records the state of the premises and can limit the repairing and dilapidations liability to no worse than that, which is valuable with older premises. A commercial lease is a major commitment with significant liabilities, so professional advice on its terms is well worth the cost against the potential liabilities involved. This is general information; any specific lease should be reviewed by appropriate professionals before signing.
Because the extraction is where a catering tenant's lease liabilities, fire-safety duties and ongoing cleaning needs all meet. It is likely to be the tenant's responsibility to maintain and clean under the lease; it carries real ongoing cost (the ductwork is extensive and its cleaning is a specialist job); and its condition matters both for fire safety throughout the lease (grease build-up in the ductwork is a fire risk) and for the dilapidations position at the end. So a catering tenant should check who is responsible for the extraction under the lease, plan for its regular maintenance and cleaning (needed for fire safety in any case, as well as likely being a lease obligation), and be aware that its condition can feature at the end of the lease. Keeping the extraction properly cleaned and maintained throughout serves both the fire-safety need and the lease obligation, and helps at the end too, because well-maintained extraction is less likely to generate a large dilapidations claim than neglected extraction. So it repays attention from the outset.
A catering lease often makes the tenant responsible for the extraction - its cleaning and condition - and it needs cleaning for fire safety regardless. Our extraction cleaning keeps it maintained, meeting both. Ask us about keeping your extraction clean and in good order.
