Leasing over 1,000 sqm for a new Berlin office
Niederbarnimer Eisenbahn (“NEB”) leased over 1,000 sqm for its new Berlin office. With the existing lease expiring only six and a half months after signing, the new lease needed to provide a reliable framework for the landlord-delivered fit-out while securing the timeline.
The client.
NEB is a Berlin-based railway infrastructure and transport company. Its office space supports the administration and management of its railway operations and infrastructure.
What the matter was about.
NEB was looking for a new Berlin office to replace its existing premises. With only around six and a half months between signing and the expiry of the existing lease, the new premises had to be fitted out and ready for occupation within a tight timeframe. We were instructed to review and negotiate a strongly landlord-friendly first draft and guide NEB through the leasing process.
As a corporate occupier, NEB does not negotiate leases as part of its day-to-day business. Our role therefore went beyond negotiating individual clauses: we helped the client understand which issues mattered, identify and prioritise its requirements and anticipate decisions that would become relevant later in the process. Particular attention was required for the landlord-delivered fit-out: NEB’s requirements needed to be sufficiently defined to provide certainty on scope, quality and timing, without making the design so rigid that later adjustments would automatically trigger additional costs or delays.
How we worked
The process, step by step.
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Initial Review
Review of the landlord’s draft and identification of the key legal, commercial and operational issues.
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Alignment with NEB
Discussion of the draft and guidance on the key decisions, priorities and requirements for the new office.
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Draft Revision
Comprehensive revision of the landlord-friendly draft to reflect N’s interests and establish a balanced contractual framework.
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Fit-out Requirements
Development and coordination of the contractual framework for the landlord-delivered fit-out, balancing sufficient certainty with flexibility for the ongoing design process.
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Negotiation
Negotiation of the lease with the landlord and its advisors, with ongoing alignment with the client.
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Project Support
Support on issues arising alongside the lease negotiations and coordination with the wider project team, including helping NEB identify a suitable interior architect.
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Signing
Finalization of the lease and its schedules and support through to signing.
A clear path to the new office.
NEB signed the lease for its new Berlin office with a contractual framework that protects its position and provides a workable basis for the landlord-delivered fit-out within the required timeline.
Beyond the lease itself, we helped NEB navigate a process that is far removed from its day-to-day business – identifying the issues that mattered, anticipating decisions along the way and keeping the legal, commercial and practical aspects of the relocation aligned.
The result was not only a balanced lease, but a clear framework for the months between signing and move-in.
FAQ
Questions on this kind of work.
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How much does legal advice for a lease negotiation cost?
That depends on the size and complexity of the lease, the quality of the first draft and the scope of the negotiations. For many lease negotiations, we can agree a fixed fee or a clearly defined budget upfront. Get in touch and tell us a little about your project, we will let you know if we can offer you a fixed fee or another fee model.
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We only negotiate a new office lease every few years. How much support do we need?
In that case, having an experienced commercial lease lawyer by your side is essential. We help companies that do not regularly lease real estate structure the entire process, identify necessary decisions early on and anticipate issues that might otherwise only become apparent later. The level of support you need will depend in particular on the real estate expertise within your organization and the wider project team.
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When should we involve a lawyer in an office relocation?
Ideally, before the key commercial terms are agreed. Important legal and practical issues are often already determined in the Heads of Terms and can be difficult to revisit later. Early involvement also allows us to identify issues around fit-out, timing, handover and the existing lease before they become time-critical.
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What are the five most important lease provisions to consider as an office tenant?
While every lease is different, office tenants should pay particular attention to:
Lease term and flexibility – including extension options and break rights.
Rent and additional costs – including indexation, service charges and other costs passed on to the tenant.
Fit-out and handover – what the landlord will deliver, when the premises must be ready and what happens if completion is delayed.
Maintenance and repair obligations – which parts of the premises and building the tenant is responsible for maintaining or repairing and which costs remain with the landlord.
End of the lease – particularly reinstatement and removal obligations, which can create significant costs at the end of the term.
Which provisions matter most and how they should be negotiated depends on the property, your business and the particular deal.
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