328. Lenders' requirements.

Where a lease is likely to be mortgaged by the tenant or his successor in title the landlord should try to ensure that its terms will comply with the requirements of most commercial lenders. A tenant/buyer's solicitor must check the lease to ensure it complies with the lender's requirements which will be set out in the mortgage instructions and, in residential cases, are also contained in the CML Lender's Handbook or the BSA Mortgage Instructions1. Lenders are generally concerned with the following matters:

  1.  

    (1)     that the lease contains proper provision for the enforceability of certain covenants between tenants2;

  2.  

    (2)