VAT on Rent

When considering the affordability of commercial premises, a prospective Tenant should check whether VAT will be charged on the rent and other payments having regard to its own VAT position.  

Even if VAT is not charged at the start of the Lease, the Landlord may later decide that the Property should be registered for VAT and start charging it on the rent unless an express term in the Lease prevents this.

If the potential Tenant is not VAT registered or is exempt, the potential Tenant may try to negotiate a term in the Lease that the Landlord will not at any time during the Lease charge VAT on the rent.  Landlords may be reluctant to restrict themselves in this way, particularly if they want to sell the freehold with the Tenant is in occupation.

 

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