Leases

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.

A set of draft clauses dealing with landlord and tenant issues arising under the Carbon Reduction Commitment Energy Efficiency Scheme is attached below. Somewhat conversely, they are not currently recommended for use, and have not therefore been included in Property PSL standard leases.

From a risk management point of view, it may not be advisable to include CRC clauses in leases until the property market has given a clear indication as to what it expects in terms of the passing on of the cost of CRC to tenants, and the drafting to include as standard in new leases. The British Property Federation has twice consulted with the property industry in relation to CRC – most recently in its paper of December 2009: CRC Industry Consultation - with a stated aim of attempting to arrive at standardised CRC drafting. Best practice must therefore involve waiting for the outcome of the BPF consultation to see if a consensus approach develops, before advising a landlord on the suitability of lease terms.

The draft clauses attached below are therefore provided on that understanding. They may be considered for use for a landlord client who has a clear and immediate requirement to pass on the cost of CRC to tenants.

Any queries or comments regarding these clauses are gratefully received via the contact button at the top of the page.

A drafting note is also included.

This draft lease is the Property PSL lease of industrial unit (part of estate) but without including the Land Registry prescribed clauses. It is therefore intended for use where the lease is not a registrable disposition within section 27(2) of the Land Registration Act 2002.

For detailed drafting notes relating to the alienation provisions, the guarantee provisions, the insurance clauses, and the rent review clauses included in all Property PSL leases, see the Property PSL lease of whole (office).

For detailed drafting notes on the operation of service charge provisions in Property PSL leases, see the Property PSL lease of part (office).

The drafting notes should be read before using this lease.

This draft lease is a demise of the whole of an industrial unit forming part of an industrial estate. It imposes on the tenant a full repairing liability in relation to the demised unit, but imposing a service charge in relation to estate costs. The draft lease includes provisions for a guarantee of the tenant's obligations, and an open market rent review clause. Where appropriate, provisions are included to deal with energy efficiency regulations.

The lease is drafted on the assumption that the landlord's solicitor will have been responsible for the drafting of the lease. It is therefore intended to be biased in favour of the landlord, although not unreasonably so.

The lease includes the Land Registry prescribed clauses.

For drafting notes on the main body of Property PSL leases, and for drafting notes relating to the alienation provisions, the guarantee provisions, the insurance clauses, and the rent review clauses included in all Property PSL leases, see the Property PSL lease of whole (office).

For detailed drafting notes on the operation of service charge provisions in Property PSL leases, see the Property PSL lease of part (office).

All drafting notes should be read before using this lease.

This document is a Memorandum of Understanding. It appears in a guidance paper - “Green Lease Toolkit (Working together to improve sustainability)” - published by the Better Buildings Partnership (BBP).

The BBP is an initiative led by the London Climate Change Agency with the aim of bringing together large commercial and public property owners to improve the sustainability of London’s existing building stock and accelerate the reduction in CO2 emissions from those buildings. As the concept of greener leases grows over the next few years, the recommendations of good practice given by the BBP are likely to filter through to the property market throughout the country.

The Memorandum of Understanding is designed to be used in full or in part and either on the grant of or at any stage during a lease For further information on the use of memoranda of understandings, click on the BBP Green Lease Toolkit.

This lease is a short form lease of part of building. It is not restricted for use in connection with any particular property sector. It is intended for short-term lettings outside the protection of the 1954 Act. The 1954 Act will be excluded either by way of a contracting-out agreement (see clause 8), or by virtue of section 43(3) Landlord and Tenant Act 1954. If considered necessary, there are short-form service charge provisions. Simple rights are granted and reserved.

Preferences over the form and content of a short form 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.

This lease is a short form lease of the whole of property. It runs to 14 pages (including the front cover sheet and execution page). It is intended for short-term lettings outside the protection of the 1954 Act. The 1954 Act will be excluded either by way of a contracting-out agreement (see clause 7), or by virtue of section 43(3) Landlord and Tenant Act 1954.

Preferences over the form and content of a short form 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.

This draft underlease is the Property PSL underlease of whole (office) but without including the Land Registry prescribed clauses. It is therefore intended for use where the lease is not a registrable disposition within section 27(2) of the Land Registration Act 2002 - which, of course, may very well be the case with a short-term underlease.

For detailed drafting notes relating to the alienation provisions, the guarantee provisions, the insurance clauses, and the rent review clauses included in all Property PSL leases, see the Property PSL lease of whole (office).

The drafting notes should be read before using this lease.

This draft lease is the Property PSL lease of part (retail unit) but without including the Land Registry prescribed clauses. It is therefore intended for use where the lease is not a registrable disposition within section 27(2) of the Land Registration Act 2002.

For detailed drafting notes relating to the alienation provisions, the guarantee provisions, the insurance clauses, and the rent review clauses included in all Property PSL leases, see the Property PSL lease of whole (office).

For detailed drafting notes on the operation of service charge provisions in Property PSL leases, see the Property PSL lease of part (office).

The drafting notes should be read before using this lease.

This draft lease is an internal demise of a retail unit forming part of a shopping parade or centre. It imposes on the tenant a full repairing liability in relation to the demised parts of the centre, requiring payment of a due proportion of the insurance costs relating to the centre, and imposes a service charge. The draft lease includes provisions for a guarantee of the tenant's obligations, and an open market rent review clause. Where appropriate, provisions are included to deal with energy efficiency regulations.

The lease is drafted on the assumption that the landlord's solicitor will have been responsible for the drafting of the lease. It is therefore intended to be biased in favour of the landlord, although not unreasonably so.

The lease includes the Land Registry prescribed clauses.

For drafting notes on the main body of Property PSL leases, and for drafting notes relating to the alienation provisions, the guarantee provisions, the insurance clauses, and the rent review clauses included in all Property PSL leases, see the Property PSL lease of whole (office).

For detailed drafting notes on the operation of service charge provisions in Property PSL leases, see the Property PSL lease of part (office).

All drafting notes should be read before using this lease.