Acting for a tenant on a pre-letting agreement—conditions, assignment and termination
Acting for a tenant on a pre-letting agreement—conditions, assignment and termination

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Acting for a tenant on a pre-letting agreement—conditions, assignment and termination
  • Pre-conditions—planning permission
  • Challenges—Town and Country Planning Act 1990, s 288 or judicial review
  • Other pre-conditions
  • Assignment
  • Termination provisions

Pre-conditions—planning permission

If the pre-letting agreement (the PLA) is conditional upon one of the parties (usually the landlord) obtaining planning permission, the lease cannot be granted unless or until a planning permission that accords with the PLA has been obtained. A landlord or tenant or both will want to ensure that the planning permission is 'satisfactory' and often this means that they will set out a list of 'onerous' conditions, the presence of any one of which will enable it to reject the permission. Sometimes each party has their own set of 'onerous conditions.' Common 'onerous conditions' are those which:

  1. limit the internal area of the premises to smaller than that set out in the specification

  2. restrict trading hours (except for times prohibited by law)

  3. restrict the number of car parking spaces to fewer than those set out in the specification

  4. require the premises to be sited in a different location than that set out in the specification

Landlords usually attempt to make the list of 'onerous conditions' as subjective as possible by including a general condition such as 'any condition detrimental to the operation or economic viability of the development'. Tenants will often similarly want criteria that are as subjective as possible when it comes to their intended business at the premises. If the PLA gives the tenant approval

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