Your Ref: Our Ref: Date: From: [insert name of landlord’s/tenant’s solicitor] of [insert address] To: [insert name of landlord’s/tenant’s solicitor] of [insert address] Dear [insert organisation name] [Insert premises

An agreement to mediate is an agreement signed by the parties to a family mediation and the mediator(s) setting out the parameters of the mediation.

An agreement to sell is an executory contract of sale.

This clause may be inserted into the Lexis®PSL precedent: Agreement for surrender.

This Agreement is dated [insert day] of [insert month] 20[insert year] Parties 1 [Insert full name and address of individual or company name, number and address of registered office] (Party A) 2 [Insert full name and address of individual or company name, number and address of registered office] (Party B) each a ‘Party’ and together the ‘Parties’ The parties agree: 1 Definitions and Interpretation Dispute • means any claim arising out of or connected with [Insert description of the dispute/circumstances giving rise to the dispute]. Proceedings • means court proceedings in England and Wales and any arbitration in relation to the Dispute. Period of Suspension • means the period which begins on the date of this Agreement and continues until it is terminated in accordance with clause 3. 1.1 Save where the context otherwise requires, in this Agreement: 1.1.1 words in the singular include the plural and vice versa; 1.1.2 reference to one gender includes a reference to the other genders; 1.1.3 any reference to a company means any company, corporation or other body corporate, wherever and however incorporated, established or domiciled; 1.1.4 a reference to a statute or statutory provision is a reference to it as it is in force for

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: • be in writing • contain or incorporate all of the terms expressly agreed by the parties, and • 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

In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or third party rights) in favour of the tenant is common practice. This Practice Note looks at why tenants will request collateral warranties, which parties typically provide warranties and the considerations for construction lawyers when negotiating the terms of the warranties and related provisions in the agreement for lease. Why does the tenant require warranties? Defects which arise following completion are a fairly common feature of construction projects. Many defects arise during the defects liability period and the contractor will generally be obliged to rectify them in accordance with the building contract (see Practice Note: Defects liability period and rectification of defects). However, other defects (which may be more serious) can often manifest themselves later on, ie when the contractor is no longer contractually obliged under the building contract to return to site to correct them, and after the landlord/developer's liability to the tenant under the agreement

This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also looks at whether adjudication under the Housing Grants Construction and Regeneration Act 1996 (HGCRA 1996) applies to agreements for lease, and looks at other ways in which the landlord and tenant may resolve disputes under an agreement for lease. Defects Defects in the works, to a greater or lesser extent, are a feature of most construction projects. Very minor defects will be dealt with by a ‘snagging list’, which may be rectified after practical completion, but there may also be serious defects, whether in the design or construction, which can threaten the entire structural integrity of the building. Some ‘patent’ defects will be obvious before practical completion and the contractor will be required to rectify them before a practical completion certificate is awarded (see Practice Note: Latent defects regarding patent and latent defects). Most tenants will require that they are allowed to participate in the pre-practical completion

From a construction lawyer's perspective, whether acting for a developer/landlord or a tenant, one of the key sections of an agreement for lease is that which contains the development obligations or, in other words, the works and the other requirements which the developer is to carry out before the tenant is obliged to enter into the lease. This Practice Note provides an introduction to the key construction provisions that are likely to be contained in an agreement for lease including development obligations. The clause or clauses which state what the developer has to do will generally cover a number of issues; the key topics being the following: • the nature, extent and standard of the works • variations (required by the landlord and/or the tenant) • the extent of developer obligations • limitation of developer's liability • time for completion of the works • measurement of the works • insurance requirements • the construction documentation including collateral warranties/third party rights The works The agreement for lease will typically require the developer to

Under an agreement for lease which contains development obligations, 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 over by the tenant. This will occur when the works are certified as being ‘practically complete’. Practical completion under the building contract may have the same meaning as practical completion for the purposes of the agreement for lease, but there may be additional requirements for practical completion under the agreement for lease, as explained in this Practice Note. Note that the term ‘completion’ will often be used under an agreement for lease and this should be distinguished from the term ‘practical completion’ of the construction works under a building contract which construction lawyers will be familiar with. Completion under an agreement for lease generally refers to completion of the lease itself. Completion of (or entering into) the lease may happen at a different time to practical completion of the construction works. When does practical completion occur? There is no standard industry definition

In an agreement for lease which includes construction obligations, the landlord will be contractually obliged to provide the tenant with a certain building (or part thereof), to a set standard and by a certain time. It will, however, only agree to be liable for defects which appear in the works for a limited period of time after completion—usually the end of the defects liability period (for an example of these provisions, see the Defects Liability clauses in Precedent: Agreement for lease—developer landlord to carry out major works incorporating the Standard Commercial Property Conditions (Third Edition)). For this reason, the tenant will want to monitor the construction process and will require additional contractual protection in the form of collateral warranties or third party rights to protect it in the event that defects arise once the landlord's liability to the tenant has expired. For more information on collateral warranties and third party rights in this context, see Practice Note: Agreements for lease for construction lawyers—collateral warranties and third party rights. The tenant will often appoint its

Delay in completion of the landlord’s works can be of far greater concern to a tenant than whether the works have been built in accordance with the specification or if the collateral warranties or contract assignments will be delivered as promised. Usually, the tenant's primary objective is to get into the premises and begin trading. As such, the date for completion of the developer/landlord’s works is key—the target completion date will usually, however, be subject to extensions of time. This Practice Note looks at how the target date for completion may be pushed out and what happens if the landlord does not complete the works on time (including the potential for liquidated damages). It also considers how the tenant may be given early access to the property to carry out its own fitting out works. Extensions of time The usual position under an agreement for lease is that the tenant will be required to enter into the lease once practical completion, as defined under the agreement for lease, has been achieved. Practical completion