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Practical Lease Precedents

AuthorsTrevor M Aldridge and Russell Hewitson
PublisherSweet & Maxwell
ProductsPractical Lease Precedents Looseleaf£519
Practical Lease Precedents on Disk£436+VAT
Service1 update p.a. Updates are charged by release.

Over 190 forms of lease, licence, tenancy agreements and deeds of variation for commercial and residential property with introductions and summaries. The constituent individual precedent clauses are also set out separately with introductions and notes.

The Disk version is a set of the forms as Word documents on CD. It does not include the introductions and notes.

Complete Index as at Release 30 — August 2011

1: Offices

1.01 Lease: self-contained office building: with guarantor

1.02 Lease: self-contained office building: short term, not exceeding seven years: option to purchase freehold at fixed price

1.03 Lease: self-contained office building: landlord’s option to break for redevelopment

1.04 Lease: self-contained office building: long letting at ground rent: letting to partners, with additional partners as guarantors

1.05 Lease: self-contained office building: provisions to suit tenants who cannot recover VAT inputs

1.06 Lease: self-contained building: short term letting, on emergency relocation

1.10 Lease: office block subject to multiple lettings: concurrent lease: option to purchase reversion at market price

1.15 Lease: office suite in larger building

1.16 Sublease: office suite: letting to partners: rent and service charges as percentage of head lease payments

1.17 Lease: office suite in larger building: tenant’s break options: Commercial Lease Code compliant

1.18 Lease: office suite, a commonhold unit: with guarantor

1.19 Lease: office suite: landlord occupying remainder of building: option to determine if landlord needs space: landlord insurance company with option to self-insure

1.20 Lease: office suite: letting to charity

1.21 Licence: furnished and serviced office suite

1.25 Lease: shop type premises as public access offices: letting to partners: with guarantor

1.26 Lease: surplus railway station accommodation, for offices

1.27 Licence: room in residence for home worker

1.32 Lease: site of office block to be built by tenant

1.33 Lease: air space above building in which tenant to build office accommodation, together with adjoining site for access

2: Shops

2.01 Lease: lock up shop, shell: rear accessway, with parking/loading area: with guarantor

2.02 Lease: lock up shop: tenant’s break option: Commercial Lease Code compliant

2.03 Lease: shop: turnover rent: tenant’s option to break

2.04 Lease: lock-up shop: concessionary initial rent: with guarantor

2.09 Sub-lease: lock-up shop in shopping centre: letting by developers/managers: landlord obliged to consult tenants: with guarantor: guarantor’s right to assignment or release

2.10 Lease: shop unit in shopping centre: strict management policy: use of communal delivery and loading facilities

2.11 Lease: shop in shopping centre: management to take account of environmental and sustainability considerations

2.12 Lease: shop in parade: rear access for loading, but not parking: special provisions concerning rent reviews and disputes

2.13 Lease: lock-up shop: part of shopping village: letting scheme for mutually enforceable restrictive covenants

2.14 Lease: retail space in converted building used as multi-occupied indoor market

2.15 Licence: retail space within store

2.20 Lease: lock-up shop: short fixed term, not exceeding seven years: with guarantor: Commercial Lease Code compliant

2.21 Lease: lock-up shop: short let, tenant’s option to extend term

2.22 Lease: shop: letting for summer season: option for lease for further season, with concessionary winter rent

2.23 Tenancy at will: shop: letting pending development

2.28 Lease: lock-up shop: letting to partners: short lease, not exceeding seven years: statutory renewal excluded: landlord occupying flat above: trading and occupation hours restricted

2.29 Lease: shop: short term letting to charity on concessionary terms

2.30 Lease: shop: tenant to carry on business under franchise agreement with landlord

2.34 Sub-lease: shop and living accommodation: option to buy leasehold reversion: some tenant’s covenants only applying to one part of the property or the other

2.35 Lease: shop and living accommodation: subject to existing leases

2.39 Tenancy agreement: shop in indoor leisure complex: landlord’s option to require tenant to move within building

2.40 Tenancy agreement: kiosk in office block: monthly tenancy

2.41 Lease: shop in block of flats, not included in tenants’ collective enfranchisement: leaseback to freeholder

2.45 Lease: retail garden centre and nursery

3: Industrial Property

Factories

3.01 Lease: factory: with guarantor: occupation by group companies permitted - amended

3.02 Lease: site of factory to be built by tenant - amended

Industrial units

3.10 Lease: part of industrial building: short lease, not exceeding seven years: statutory renewal excluded - amended

3.11 Sub-lease: light industrial unit: part of industrial complex: parking/loading area - amended

Workshops

3.20 Lease: self-contained workshop: with guarantor: tenant’s break option: Commercial Lease Code compliant - amended

3.21 Tenancy agreement: workshop: let to partnership: option to purchase freehold at valuation - amended

3.22 Lease: workshop: tenant’s wife joining in to charge other joint property as security for lease liabilities - amended

3.23 Lease: workshop, part of subdivided building: commonhold unit: short lease, not exceeding seven years: statutory renewal excluded - amended

4: Other Business Property

Storage

4.01 Lease: warehouse on industrial estate: with guarantor - amended

4.02 Lease: distribution warehouse: short, fixed term, not exceeding seven years, Commercial Lease Code compliant - amended

4.03 Sub-lease: distribution warehouse: short let, not exceeding seven years: tenant’s option to extend term for further short period - amended

4.04 Lease: redundant warehouse: short fixed term, not exceeding seven years, pending demolition and redevelopment - amended

4.05 Tenancy agreement: basement rooms with storage - amended

Utilities

4.10 Lease: electricity sub-station: to be erected by tenant and demolished before quitting - amended

4.11 Lease: site for aerial mast - amended

Motoring

4.16 Lease: petrol filling station: landlord’s option to determine if sales drop - amended

4.17 Tenancy agreement: open land for car sales: use of office - amended

4.18 Lease: open air car park - amended

Hospitality

4.23 Lease: hotel - amended

4.24 Sub-lease: restaurant: with guarantor - amended

4.25 Lease: public house: to be kept as free house - amended

Medical

4.30 Lease: consulting rooms for NHS general practitioner with residential accommodation: letting by doctor or doctor’s personal representatives - amended

4.31 Tenancy agreement: specialist doctor’s consulting rooms - amended

Entertainment

4.36 Lease: theatre - amended

4.37 Lease: site for fairground: successive short periods - amended

Advertising

4.42 Lease: site for advertising hoarding - amended

Education

4.47 Lease: premises to be used as a nursery school - amended

General

4.52 Lease: commercial or industrial commonhold unit: to replace lease extinguished when commonhold established

4.53 Tenancy agreement: part of building for consumer-operated self-service machines - amended

5A: Short Residential Lettings

5A.01 Lease: house: short, fixed term, not exceeding seven years - amended

5A.02 Tenancy agreement: house: monthly tenancy

5A.03 Tenancy agreement: house: monthly tenancy: not an assured shorthold tenancy

General: flat

5A.09 Sub-lease: flat, unfurnished: short fixed term tenancy, not exceeding seven years

5A.10 Sub-lease: flat in purpose-built block: short fixed term, not exceeding seven years: letting to company: with guarantor - amended

5A.11 Tenancy agreement: flat in converted house (no garden): monthly tenancy: not an assured shorthold tenancy

5A.12 Lease: flat, commonhold unit: short fixed term, not exceeding seven years

5A.13 Tenancy agreement: furnished flat: to be occupied by licensees

Landlord's home

5A.19 Lease: short term, less than seven years: tenant’s option to end after first year: letting by owner-occupier - amended

5A.20 Tenancy agreement: part of house, unfurnished: letting by resident landlord

5A.21 Lease: house: family home, let during owner’s temporary absence: term not exceeding seven years - amended

5A.22 Lease: furnished house: short fixed term, not exceeding seven years: letting by owner-occupier: right of first refusal to new lease - amended

5A.23 Tenancy agreement: part of house or flat, let furnished: letting by resident landlord

Shared accomodation

5A.29 Licence: furnished house: one person to share with others

5A.30 Licence: bed-sitting room, with rights to share facilities elsewhere in house

5A.32 Lease: house: lettting to company: to be occupied by licensees: with guarantor - amended

Employee's accomodation

5A.33 Licence: furnished flat for caretaker/manager in building which owner uses for business: licensee required to reside there

5A.34 Licence: house: occupation by licensee of company tenant

5A.35 Licence: house: occupation by agricultural worker

Student accomodation

5A.37 Lease: furnished house, with garden: short fixed term: letting to students: with guarantor - amended

5A.38 Tenancy agreement: flat or room in student accommodation: furnished, shared communal facilities: with guarantor

5A.39 Lease: house: short fixed term: former student accommodation - amended

Holiday accomodation

5A.42 Tenancy agreement: house: holiday letting

5A.43 Lease: house: short, fixed term: letting of holiday accommodation out of season - amended

Other circumstances

5A.46 Tenancy agreement: house: letting to local authority pending redevelopment

5A.47 Lease: house, unfurnished: house kept for minister of religion - amended

5B Long Residential Lettings

Flat: purpose-built

5B.01 Lease: flat in purpose-built block, separate lock-up garage - amended

5B.02 Lease: flat in purpose-built block: tenant shareholder in landlord company - amended

5B.03 Lease: flat in purpose-built block, separate garage: tenant member of management company which has no legal estate - amended

5B.04 Sub-lease: flat in purpose-built block: tenant member of landlord company - amended

5B.05 Lease: fully furnished service flat Flat: conversion - amended

Flat: conversion

5B.09 Lease: flat in previously converted house - amended

5B.10 Lease: flat in newly converted house: option to buy whole house at valuation - amended

5B.11 Lease: flat in newly converted house: tenant may do landlord’s repairs Flat: impact of statutes - amended

Flat: impact of statutes

5B.15 Lease: flat, not included in collective enfranchisement: leaseback to freeholder - amended

5B.16 Lease: flat: new lease purchased, under statutory rights as alternative to enfranchisement - amended

5B.17 Lease: flat, a commonhold unit: to replace lease extinguished when commonhold established Flat: special situations

5B.18 Lease: flats: new lease, purchased under statutory rights as alternative to enfranchisement: flats currently sub-let - amended

Flat: special situations

5B.21 Lease: flat: shared ownership terms - amended

5B.22 Lease: flat: accommodation for elderly person: letting by social landlord - amended

Maisonette

5B.26 Lease: maisonette, one of pair in detached building: each tenant is other’s landlord House - amended

House

5B.30 Lease: house on estate, with roads to be kept unadopted: estate rentcharge to pay for services - amended

5B.32 Lease: house: letting for life to beneficiary by trustees of land - amended

5B.33 Lease: detached country cottage: public sector or registered social landlord: letting for more than seven years: right to buy modified or right to acquire is excluded - amended

5B.34 Lease: house: shared ownership terms Sub-divided buildings - amended

Sub-divided buildings

5B.39 Lease: block of flats: to subsidiary company intending to grant long leases of individual flats and provide services - amended

5B.40 Lease: block of flats: individual flats already let on long leases: concurrent lease to company providing services - amended

5B.41 Lease: building to be converted into accommodation for individual students Long Residential Lettings - amended

6: Rural Property

Farm

6.01 Lease: farm business tenancy: farm, including farmhouse and cottages: agricultural use only: with guarantor - amended

6.02 Lease: farm business tenancy: farm, including farmhouse and buildings: in contemplation of diversified use - amended

6.03 Lease: farm business tenancy: farm: short fixed term, not exceeding seven years: agricultural use only - amended

Farm land

6.06 Lease: farm business tenancy: land for general agricultural use, without buildings - amended

6.07 Lease: farm business tenancy: arable land, without buildings

6.08 Sub-lease: farm business tenancy: land for general agricultural use: organic farming only

6.09 Lease: farm business tenancy: term not exceeding seven years: land for grazing cattle, without buildings - amended

6.10 Licence: land for grazing cattle

6.11 Tenancy agreement: grassland for mowing: letting for a single season

Woodland

6.14 Lease: woodland for forestry purposes: option to terminate part on planning consent for different use - amended

Allotments

6.16 Lease: land to be sub-let as allotments

6.17 Tenancy agreement: allotment: agreement limited to life of tenant

Horses

6.19 Licence: refuse disposal site - amended

6.20 Tenancy agreement: field for grazing horses: tenancy for less than one year

Sports

6.22 Lease: shooting rights

6.23 Lease: fishing in river

Minerals

6.26 Lease: stone quarry - amended

6.27 Licence: sand and gravel extraction: payment by royalty - amended

Waste

6.29 Licence: refuse disposal site - amended

7: Miscellaneous

7.01 Lease: lock-up garage - amended

7.02 Licence: car parking space

7.03 Lease: right of way for access to neighbouring land: land not demised

7.04 Licence: room to view a procession

7.05 Lease: building: letting to trustees of charity: suitable for village hall, scout hut, etc - amended

7.06 Lease: land, without buildings: to members' sports club: landlord to improve - amended

7.07 Lease: short term, not exceeding seven years: by parochial church council: property held on charitable trusts by council - amended

7.08 Lease: open land for development by tenant: short let, not exceeding seven years, pending planning permission etc: tenant's option to extend term

7.20 Lease: overriding lease: relevant tenancy not a new tenancy

7.21 Lease: overriding lease: relevant tenancy a new tenancy

Variations: Particular Partie

7.50 Lease to joint tenants

7.51 Lease to beneficial tenants in common

7.52 Lease to partners in business

7.53 Lease by charitable trustees - amended

7.54 Lease of charity property vested in Official Custodian for Charities - amended

7.55 Lease to charitable trustees

7.56 Lease by an attorney appointed by an ordinary power

7.57 Lease by an attorney appointed by an enduring power of attorney

7.58 Lease by tenant for life: premium paid

7.59 Lease to tenant for life: premium paid from capital money: subsidiary vesting deed

7.60 Lease by executor(s) or administrators

7.61 Lease by receiver appointed by mortgagee

7.62 Lease to trustees of members' club

7.63 Lease by incorporated charity trustees - amended

7.64 Lease to incorporated charity trustees

7.65 Lease by trust beneficiary, as attorney for trustees

7.66 Lease by attorney appointed by a lasting power of attorney

7.67 Lease by deputy appointed by the Court of Protection

8: Consents and Lease Variations

Landlord's consent

8.01 Consent: assignment: without conditions

8.02 Consent: assignment: Lease requiring landlord's consent to assignment: tenant entering into authorised guarantee agreement

8.03 Consent: assignment: lease forbidding assignment: tenant entering into authorised guarantee agreement

8.04 Consent: assignment: assignee covenanting directly with landlord

8.05 Consent: assignment: time limited

8.10 Consent: subletting: terms specified, but without conditions

8.11 Consent: sub-letting: terms specified but without conditions

8.12 Consent: sub-letting: lease forbidding sub-letting: head landlord controlling further dealings

8.13 Consent: sub-letting: sub-tenant covenanting directly with head landlord

8.14 Consent: sub-letting: whole property in various parts

8.15 Consent: sub-letting: part of property

8.20 Consent: change of use

8.21 Consent: change of use: increase in rent

8.22 Consent: assignment and change of use

8.23 Consent: change of use: part of property

8.25 Consent: alterations

8.26 Consent: alterations: facilities for the disabled

8.27 Consent: alterations: temporary works

8.30 Consent: alterations and change of use

Lease variations

8.60 Variation deed: increase in rents

8.65 Variation deed: reduction in rent

8.66 Variation deed: temporary reduction in rent: during works on neighbouring land

8.67 Variation deed: substitute new rent review clause

8.68 Variation deed: delete rent review clause

8.70 Variation deed: more property let

8.72 Variation deed: reducing property let

8.75 Variation deed: restriction on assignment: permitting assignment to associated company

8.76 Variation deed: restriction on assignment: permitting change of charity trustees

8.80 Variation deed: release of tenant's option to purchase the reversion

8.81 Variation deed: release of tenant's option to take a new lease

8.82 Variation deed: release of landlord's option to take surrender

8.90 Variation deed: to insert new tenant's covenant in lease: general form

8.91 Variation deed: to insert new landlord's covenant in lease: general form

8.95 Variation deed: to delete provision from lease: general form

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