The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either: • a public or private highway, or • a non-tidal river or stream also owns...
Assignment by the tenant The more important a particular tenant is to the viability of a particular development, the more likely that the landlord will insist the tenant...
An inherent defect may become apparent several years after the tenant has taken over the property. This may be long after: • the building contractor’s liability under the...
Collateral warranties The typical terms of a collateral warranty provided to a tenant by a consultant, contractor or sub-contractor deal with: • compliance with...
Rent commencement date Agreements for lease generally specify that the tenant is obliged to take the lease on, or within a short period after, certification of practical...
A developer has a far greater prospect of securing both: • development finance from a funder to fund the costs of the development works, and • a commitment from an...
Defects Defective workmanship is a feature of virtually every construction project. Very minor defects will be dealt with by a snagging list (see: Snagging list) but...
An agreement for lease with development obligations can give rise to a variety of issues, eg the right to claim an extension of time, measurement, whether...
Certification of practical completion under the agreement for lease (usually prompted by certification of practical completion under the building contract) triggers the...
Delay in completion of the developer’s works can be of far greater concern to a tenant than, eg whether the works are in accordance with the specification or the...
The tenant will appoint its own surveyor and other consultants to monitor the construction works and to represent the tenant’s interest in relation to various...
Insuring the developer’s works As between the developer and the tenant, the developer should covenant: • to ensure that the developer’s works are insured against usual...
If the developer fails to achieve practical completion by the target date set out in the agreement for lease, the tenant will expect to receive damages for the lost...
In some cases, a developer and a tenant agree that the rent under the occupational lease will be a specified figure. However, in many other cases, the annual rent is...
As-built drawings, health and safety file, etc In the context of a lease of an entire building, the tenant is likely to have both contractual and statutory liability for...
Under an agreement for lease, the tenant’s obligation to take the occupational lease only arises once the developer’s works have been completed and are fit to be taken...
