Landlord and Tenant

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)).

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 document attached below is a rent variation deed. It is intended for use where a landlord and tenant agree that rental payments should be varied from the usual quarterly method to monthly. The British Retail Consortium has been calling on commercial landlords to change the frequency of rental payments and accept rents monthly in advance. See the BRC Rent Monthly Campaign.

The deed is drafted on the assumption that the concession is terminable, and is personal to the tenant. A deed has been selected for use, rather than a side letter, because of the many issues that may need to be covered by the drafting. Any comments or queries relating to this deed can be sent by using the Contact tab at the top of the page.

Before using this deed, you are advised to read the drafting note attached below, and you are advised also to read the Property PSL infobank document - What issues arise where landlords agree to vary to monthly rents?

A Property PSL guide to contracting-out of the 1954 Act can be found at the 1954 Act Contracting-out Guide.

Below, are four draft letters which can be used where sending out contracting-out notices (and accompanying statutory declarations) to:

• the original tenant;
• the original tenant's guarantor;
• an assignee's guarantor; and
• an authorised guarantor.

For further information relating to best practice on contracting-out, read the 1954 Act Contracting-out Guide.

This document is a deed of release and new guarantee.

It is intended for use where an agreement is reached wherein an existing guarantor is allowed to be released from its obligations provided a substitute guarantee is provided. This might occur, for example, where a director-guarantee is released on the sale of the company, or where a partner-guarantee is released on retirement from the partnership. Provision is included to ensure that any guarantor whose liability is to continue notwithstanding the release consents to the release.

The covenants on the part of the new guarantor in this deed are identical to those contained in the Property PSL licence to assign, which themselves are based on the guarantee covenants used in Property PSL leases.

Before using this precedent document, it is advisable to read the detailed drafting notes relating to the guarantee provisions included in all Property PSL leases. These can be found with the Property PSL lease of whole (office).

This document is a free-standing deed of guarantee.

Ordinarily, a guarantee of a lease will be given at the grant of the lease (in which case the guarantee will normally be included as part of the lease), or on the assignment of the lease (in which case the guarantee will normally be included as part of the licence to assign, or it will be an authorised guarantee).

However, for those who prefer to keep the deed of guarantee separate from the licence to assign, this deed may be used. The covenants on the part of the guarantor in this deed are identical to those contained in the Property PSL licence to assign, which themselves are based on the guarantee covenants used in Property PSL leases.

Before using this precedent document, it is advisable to read the detailed drafting notes relating to the guarantee provisions included in all Property PSL leases. These can be found with the Property PSL lease of whole (office).

An identical copy version, with text form fields (TFF), is included below.

This document contains a draft rent review memorandum to be signed by the parties to a lease once a rent review has been settled.

A memorandum recording an increase of rent should be attached to the original and counterpart of the lease - whether or not the lease says so. The aim of attaching a memorandum is to prevent future arguments as to whether a rent review has been settled. The memorandum should recite the fact that the rent review was settled in accordance with the rent review clause (assuming, of course, that that was the case). If the rent review was settled by an expert or an arbitrator, details of the determination (together with documents and submissions filed in relation to the determination) should be retained with the lease and counterpart.

Ordinarily, the memorandum will be signed by the landlord and the tenant. If a rent review is settled other than in accordance with the rent review clause, the effect of the settlement may be to vary the lease - with all of the attendant consequences of varying leases. In such a case, any tenant's guarantor should signify its consent to the settlement.

These documents contains draft notices to be given pursuant to a lease by the tenant to its landlord following the assignment of the lease, the creation of a mortgage or charge over the lease, or the grant of an under-lease. These notices can easily be incorporated into letters to be sent on headed notepaper.