Lease, licence and agreement for lease clauses

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Lease, licence and agreement for lease clauses guidance:

In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the demise. Definition of...

Practice Note

1 Definitions Arrears the amounts due from the Tenants up to and including Completion but which have not been received by the Seller or its agents as cleared funds before...

Precedents

Break conditions must be strictly complied with. If a condition provides that any outstanding rent is paid up, the tenant must make sure that it is paid in full and on...

Practice Note

A tenant's right to break is often conditional on compliance with covenants. The extent to which those conditions must be satisfied depends on whether they are absolute...

Practice Note

The principle of subrogation Subrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy, to ‘step into the...

Practice Note

Produced in partnership with Martin Wilson 1 Capital allowances 1.1 In this clause 1: CAA 2001 means Capital Allowances Act 2001 Fixtures means those items forming part...

Precedents

1 Definitions Allocated Spaces the [insert number] car parking spaces in the Car Park shown edged [blue] on the Plan or such other suitable car parking spaces as the...

Precedents

1 Definitions CDM Regulations the Construction (Design and Management) Regulations 2015, SI 2015/51 2 CDM Regulations If and to the extent the CDM Regulations apply to...

Precedents

1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert year] of the Term] on giving not less...

Precedents

Repair and improvements A tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it. The length of a...

Practice Note

The court may imply an obligation on the landlord to provide certain services in the absence of an express covenant to do so. Where a landlord takes the benefit of a...

Practice Note

The current competition regime (Competition Act 1998) prohibits: • anti-competitive agreements (Chapter I) • abuse of a dominant position (Chapter II) Chapter II applies...

Practice Note

The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the Competition and Markets...

Practice Note

1 Definitions In this agreement the following definitions apply: Grantee [insert name and address of the Grantee] Grantee's Land the property known as [insert address]...

Precedents

Joint insurance Joint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a single insurance...

Practice Note

Meaning of rebuilding Depending on context, the Court of Appeal confirmed that rebuilding meant more than the reconstruction of the existing buildings. The fact that...

Practice Note

Most modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and on the landlord to insure the property or the...

Practice Note

This Practice Note explains why exclusion clauses are used in property contracts and when they may be of no effect, including at common law in the context of fraudulent...

Practice Note

Exclusion clauses aim to protect a party to a contract by excluding or limiting liability against claims for breach of contract or in tort. In the context of property...

Practice Note

Incorporated v unincorporated charities There are currently a number of incorporated or unincorporated structures that are adopted by charities. Unincorporated charities...

Practice Note

Execution of deeds Most deeds entered into in the course of a property transaction will require substantive registration or the making of entries on the register by HM...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

The fact that an overseas company is a seller, buyer, landlord, tenant, guarantor or mortgagee in relation to the sale or leasing of land in England and Wales does not...

Practice Note

1 Definitions Gross Internal Area [means the gross internal area of the Property measured in accordance with the latest edition of the Measuring Practice published from...

Precedents

Development leases often gear the reviewed rent to the underlease rents. The tenant pays the landlord a defined percentage of the income he derives from underlettings....

Practice Note

What is a headline rent? In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level of rent stated on...

Practice Note

LR1. Date of the lease[insert the date in its full format DD-Month-Year] LR2. Title Number[s]LR2.1 Landlord's title number[s] [title numbers out of which this lease is...

Precedents

1 Definitions Base Figure is: (a) on the first Review Date [[insert the Index figure for the [month] before completion of the lease] OR t] the Index figure for the month...

Precedents

1 Definitions Base Figure is: (a) on the first Notional Review Date [[insert the Index figure for the [month] before completion of the lease] OR t] the Index for the...

Precedents

LR prescribed lease clauses LR3. Parties to this LeaseLandlord [insert landlord’s name, address and registered number] [(in [administrative receivership] [and also in]...

Precedents