Precedent Document

The document attached contains the City of London Law Society model service charge clauses for a retail building.

These service charge provisions, drafted by the City of London Law Society Land Law committee, are stated to be aimed at achieving a balanced draft inspired by and reflecting many elements of the RICS Code of Practice on Service Charges in Commercial Property.

The document attached contains the City of London Law Society model service charge clauses for an office building.

These service charge provisions, drafted by the City of London Law Society Land Law committee, are stated to be aimed at achieving a balanced draft inspired by and reflecting many elements of the RICS Code of Practice on Service Charges in Commercial Property.

This document is a draft licence to assign a lease incorporating an authorised guarantee agreement (AGA). Accordingly, it is a licence to assign a lease that is a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995.

For those who prefer to keep the licence to assign and AGA as separate documents, there is a separate form of Property PSL AGA (a free-standing precedent document) and a separate form of Property PSL licence to assign. The separate licence to assign can be used whether the lease that is being assigned is an old lease (i.e. a lease that is not a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995) or a new lease. (Of course, AGAs are only applicable in relation to new leases).

This combined licence to assign/AGA contains:

• fresh guarantee covenants to be entered into by any new guarantor (the “Assignee’s Guarantor) offered to support the assignee's liabilities;
• an AGA, given by the outgoing tenant (the “Tenant”); and
• a guarantee of the AGA by the outgoing tenant’s guarantor (the “Tenant’s Guarantor”). However, as a result of the decision in Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch), this latter guarantee is considered to be a void agreement. Despite this, many landlords continue to insist on its inclusion in case the view taken of the Good Harvest case turns out to be incorrect.

Before using this precedent document, it is advisable to read the drafting notes that accompany the free-standing licence to assign and AGA documents. In addition, where the assignee's obligations are supported by a guarantee, it is advisable to read the detailed drafting notes relating to the guarantee provisions included in all Property PSL leases (which can be found with the Property PSL lease of whole (office)).

This lease is a supplemental lease of property originally demised by an earlier lease. It is intended for use where an existing lease is to be replaced by a new lease – either on the occasion of a surrender and re-grant, or on a lease renewal. It incorporates the terms of the old lease by reference. Two versions of this lease are provided - one with, and one without the Land Registry prescribed clauses.

Preferences over the form and content of a this type of lease can differ between lawyers. If you have any comments on the style or content of this draft, please do not hesitate to pass them on by using the contact button at the top of the page.

The accompanying drafting notes should be read before using this lease. If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

The document attached below is a checklist for use in connection with the exercise of a tenant's break right. The checklist contains footnotes to assist fee earners in understanding the significance of the information to be included in the checklist.

The documents attached below are checklists for use in connection with lease renewal proceedings under Part II of the Landlord and Tenant Act 1954. The checklists contain footnotes to assist fee earners in understanding the significance of the information to be included in the checklist.

The documents attached below are checklists for use in connection with the service of termination notices under section 25 and section 26 of the Landlord and Tenant Act 1954. The checklists contain footnotes to assist fee earners in understanding the significance of the information to be included in the checklist.

The documents set out below contain proforma replies to the suite of Commercial Property Standard Enquiries - version 3. These enable the fee earner more speedily to complete standard pre-contract enquiry replies.

However, a general warning is given in relation to the compiling of "standard" replies. It comes from the case of William Sindall plc v Cambridgeshire County Council [1993] EWCA Civ 14 (per Hoffmann LJ):

"It is well established that a statement that a vendor is not aware of a [particular matter] carries with it an implied representation that he has taken reasonable steps to ascertain whether any exists...In my judgment, the answer "Not so far as the Vendor is aware" represents not merely that the vendor and his solicitor had no actual knowledge of a defect, but also that they have made such investigations as could reasonably be expected to be made by or under the guidance of a prudent conveyancer."

The lawyer should treat proforma standard replies with great circumspection, and should ensure that all replies are tailored so as (a) to give accurate information, and (b) to avoid misrepresentation. These documents are only intended to give you the tools from which you can compile your client's replies. They do not provide the replies themselves.

A set of consultation drafts of enquiries (CPSE.6 enquiries) for the purposes of the Carbon Reduction Commitment are available for inspection. Pending approval of these enquiries by the London Property Support Lawyers Group over the summer months, some lawyers may choose to use the drafts as actual enquiries.

The drafts are:

CPSE.6A - CRC enquiries for acquisition of freehold property with vacant possession where Buyer is a CRC Participant.

CPSE.6B - CRC enquiries for acquisition of freehold property with vacant possession where Buyer is not a CRC participant

CPSE.6C - CRC enquiries for acquisition of freehold property subject to occupation leases where the Buyer is a CRC participant.

CPSE.6D - CRC enquiries for acquisition of freehold property subject to occupation leases where Buyer is not a CRC participant.

CPSE.6E - CRC enquiries for acquisition of leasehold property with vacant possession where Buyer is a CRC participant.

CPSE.6F - CRC enquiries for acquisition of leasehold property with vacant possession where Buyer is not a CRC participant.

CPSE.6G - CRC enquiries for acquisition of leasehold property subject to occupation leases where Buyer is a CRC participant.

CPSE.6H - CRC enquiries for acquisition of leasehold property subject to occupation leases where Buyer is not a CRC participant.

From here, you can access the BPF Commercial Property Standard Enquiries - CPSE version 3, and also the relevant explanatory notes.

From June 2, 2010, the CPSEs have been made available as "Version 3" enquiries, although no actual changes have been made to the content of the enquiries. Changes are merely stylistic. The enquiries are currently under review and are expected to be updated over the summer months.

The CPSEs are maintained on the Practical Law Company website, and these links will connect through to that site. The CPSEs are subject to terms of use set out on each form. Use the following links to access Version 3:

CPSE.1 – (version 3.1) - general enquiries to be raised in connection with every commercial property transaction.

CPSE.2 – (version 3.1) - additional enquiries to be raised where the purchase is subject to tenancies.

CPSE.3 – (version 3.0) - additional enquiries to be raised where the transaction is the grant of a new lease.

CPSE.4 – (version 3.1) - additional enquiries to be raised where the transaction is the assignment of a lease.

CPSE.5 – (version 3.0) - additional enquiries to be raised where the transaction is an agreement for the surrender of a lease.

Rq-form - (version 3.1) - a short-cut form for raising BPF standard enquiries.

Form Scr - (version 3.0) - solicitor's completion requirements - intended for use after exchange of contracts.

Form Ster - (version 3.0) - solicitor's title and exchange requirements - intended for use at the outset of a transaction.