Agreements for lease for construction lawyers

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Agreements for lease for construction lawyers
  • Agreements for lease relating to construction
  • Other reasons for needing an agreement for lease:
  • 'Getting the lease executed will take too long'
  • Third party consents
  • Interaction with other deals
  • Where the landlord is agreeing to grant a lease of premises it does not yet own
  • How does the agreement for lease affect the construction process?

Agreements for lease for construction lawyers

An agreement for lease is an agreement entered into by a property owner or landlord and a tenant, under which the tenant agrees to enter into a lease in respect of the whole or part of a property in the future, following the fulfilment of certain obligations by the landlord as contained in the agreement for lease. From a legal perspective, an agreement for lease is a contract for the sale or disposition of an interest in land and so it will be void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It must:

  1. be in writing

  2. contain or incorporate all of the terms expressly agreed by the parties, and

  3. be signed by or on behalf of the parties

An agreement for lease is needed where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party is bound to do so on the agreed terms at the relevant point in the future. The form of lease should be annexed to the agreement for lease to ensure compliance with the statutory formalities for an agreement for the sale of land, or of an interest in land.

An agreement for lease may also be needed where, although the lease can be completed immediately, there are other

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