Agreements for Sale

Additional clauses for inclusion in agreements for sale (or lease) are attached below. Please read any accompanying drafting notes before use.

This document is a precedent agreement for the sale of leasehold land with vacant possession.

The agreement incorporates the Standard Commercial Property Conditions (2nd Edition).

It can be used either on the sale of registered or unregistered leasehold land. Where land is freehold, use the Property PSL agreement for the sale of freehold land.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. 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 document is a contract variation agreement. It is intended to be used wherever parties to an existing agreement decide to vary the agreement.

If the parties to a contract for the creation or disposition of an interest in land intend to vary the contract in a material way, it is necessary to ensure that the agreement to vary is embodied in a formal variation agreement, which is then exchanged in the usual way. This is in order to satisfy the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.

"In my judgment the variation of a term material to a contract for the sale or other disposition of an interest in land must comply with the formalities prescribed by section 2 Law of Property (Miscellaneous Provisions) Act 1989 if either party is to be able to enforce such contract as varied." Morritt LJ, in McCausland v Duncan Lawrie Ltd [1997] 1 WLR 38. The draftsperson does not wish to chance what may, or may not be a material variation, and should use a variation agreement in all cases.

This variation agreement incorporates all of the terms of the existing contract between the parties, save as varied by the new agreement.

This document is a precedent agreement for the surrender of a lease. It can be used either on the surrender of a registered or unregistered leasehold estate.

It is drafted on the assumption that the landlord's solicitor will be responsible for the drafting of it. In general, it assumes that the tenant is buying its way out of the lease, but it is capable of being adapted so that it is the landlord who is paying a price for the surrender.

The agreement incorporates the Standard Commercial Property Conditions (2nd Edition).

Before using this precedent document, it is advisable to read the drafting notes accompanying it. 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 document is a precedent agreement for the grant of a lease.

It is intended mainly for use in simple cases where the parties need a straightforward commitment to enter into a lease. However, the agreement also includes terms which can make the agreement conditional, if needs be, on the obtaining of a superior landlord's consent (and the consent of any mortgagee). The document has been drafted on the assumption that the landlord's solicitor will be responsible for the drafting of the agreement.

The agreement incorporates the Standard Commercial Property Conditions (2nd Edition).

Before using this precedent document, it is advisable to read the drafting notes accompanying it. 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 document is a precedent investment sale contract - i.e. a contract for the sale of land subject to leases.

The agreement incorporates the Standard Commercial Property Conditions (2nd Edition). It contains clauses designed to deal with matters arising in relation to the Exisiting Leases subject to which the sale is made. For example, it includes provisions dealing with service charge hand-over, maintenance contracts, arrears, apportionment of rent etc.

For VAT, the agreement makes use of optional Condition A2 of the SCPCs to govern the VAT TOGC status of the sale. For those who prefer a more traditional (albeit up-to-date) long-form TOGC clause, an optional version is available below. This can easily be inserted as clause 17 of the agreement.

The agreement can be used either on the sale of registered or unregistered freehold or leasehold land.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. 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 document is a precedent agreement for the sale of freehold land with vacant possession.

The agreement incorporates the Standard Commercial Property Conditions (2nd Edition).

It can be used either on the sale of registered or unregistered freehold land. Where land is leasehold, use the Property PSL agreement for the sale of leasehold land.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.