Q&As

Do you have any guidance relating to issues arising as a result of a tenant contribution to developer's works in a development agreement for lease?

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Published on LexisPSL on 28/04/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Do you have any guidance relating to issues arising as a result of a tenant contribution to developer's works in a development agreement for lease?

Do you have any guidance relating to issues arising as a result of a tenant contribution to developer's works in a development agreement for lease?

When dealing with tenant contributions to landlord works, there are two immediate issues to consider in practice:

  1. the potential for the developer’s VAT election to be disapplied and how this can be avoided; see Q&A: Pre-letting agreement where tenant cannot recover VAT and might meet partial cost of works—might a VAT option to tax be disapplied and how can the agreement for lease be structured to minimise risk?, and

  2. the effects of the construction industry scheme (CIS) where the developer

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