Q&As

If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy performance certificate be required in respect of that property and is a separate licence or lease required in addition to the SLA?

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Published on LexisPSL on 04/10/2018

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

  • If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy performance certificate be required in respect of that property and is a separate licence or lease required in addition to the SLA?

If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy performance certificate be required in respect of that property and is a separate licence or lease required in addition to the SLA?

A service level agreement (SLA) is usually used where a company or individual is to provide some form of IT, telephone or similar support service. Ordinarily, a company provides those services through employees who are based either at its own premises or those of the customer. In the ordinary course of events, the customer will not require service out of its usual office hours and accordingly accommodation is not available for those who provide the support. The agreement will however, likely give express permission for individuals to enter the customer’s premises for the purposes of providing the service. If such permission is not expressly given, it will likely be implied so as to give the agreement commercial viability.

In the present case, it

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