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Leasing Issues [3. Is it a long lease with a capital value] - Coggle…
Leasing Issues
[3. Is it a long lease with a capital value]
2. Asset Management/licences
[2. Licence to Assign]
[3. Licence to Underlet]
1. Licence to Alter
[5. Reinstating the works]
1. Counterparty consents
[2. Consent retrospectively]
1. Consent in advance
[1. From the Landlord]
[2. From the Superior Landlord?]
[3. From any bank/mortgagee]
[4. Warrantor or product guarantor]
[5. Specify anyone else in notes]
2. Insurance and statutory requirements
1. Insurance
[1. Notify the insurers]
[2. Consent from the insurers?]
3. Level of insurance cover
[1. Is it £1 million]
[2. Is it £2.5 million]
[3. Is it £5 million]
[4. Is it £10 million]
[5. Is it some other sum?]
2. Planning and building regs
[2. Building regs]
1. Is planning consent needed
1. Form of the planning application
[1. Consent needed from the Landlord in advance]
[2. No consent needed from the Landlord]
2. Form of the planning consent
[1. Approval needed to planning consent by the Landlord]
[2. Just supply a copy of the consent to the Landlord after it is granted]
4. Doing the works
[3. CDM]
[4. Finishing the works]
[5. Monitoring and inspecting]
1. Where are the works
[1. Are they all within the premises]
[2. Do you need to encroach outside the demise]
[3. Do you need access to do the works]
2. How are they to be done
[2. Hours of working]
[3. Is there an impact on others outside the space]
[4. Specify anything else in notes]
1. Method of working
[1. Agree method of working in advance]
[2. Just notify method of working as you go]
[3. No need to specify method of working]
6. Financial
[2. Tax]
[3. Specify anything else in notes]
1. Costs
[1. Undertaking for costs]
[2. Specify reason for undertaking not being needed]
3. Preparing to do the works
1. What information must be provided
[1. Specification for the works]
[2. Plans and drawings for the works]
[3. Additional brief description]
2. What must be checked
[1. Is there an impact on warranties]
[2. Is there an impact on product guarantees]
[4. Specify impact on anything else in notes]
3. Where are the works to be done
[1. Are they all within the premises]
[2. Do you need to encroach outside the demise]
[3. Do you need access to do the works]
4. Is it a utilities arrangement
[2. Is it water]
[3. Is it gas]
[4. Is it telecoms]
[5. Specify other in notes]
1. Is it electricity
[2. Is it a wayleave/easement]
1. Is it a lease
1. 1954 Act protection
[1. Protected]
[2. Not protected]
2. Break clauses
[1. Landlord break]
[2. Tenant break]
3. Remove and install equipment
1. Remove existing equipment
[1. Landlord to remove]
[2. Tenant to remove]
[3. Specify at whose cost in notes]
2. Install new equipment
[1. Landlord to install]
[2. Tenant to install]
[3. Specify at whose cost in notes]
4. Lift and shift
2. By the Tenant
1. Cost
[1. The lifter and shifter]
[2. The person not lifting and shifting]
2. Amount of notice for the lift
[1. 1 month]
[2. 2 months]
[3. 3 months]
[4. Specify other notice period in notes]
3. Shift to where
[1. Landlord to decide]
[2. Tenant to decide]
[3. Third party to resolve disputes]
[4. Specify other factors for location in notes e.g. reasonableness]
1. By the Landlord
1. Cost
[1. The lifter and shifter]
[2. The person not lifting and shifting]
2. Amount of notice for the lift
[1. 1 month]
[2. 2 months]
[3. 3 months]
[4. Specify other notice period in notes]
3. Shift to where
[1. Landlord to decide]
[2. Tenant to decide]
[3. Third party to resolve disputes]
[4. Specify other factors for location in notes e.g. reasonableness]
1. Is it a renewal, underlease or reversionary lease
[Renewal]
[Underlease]
Reversionary Lease
[1. The Parties]
2. Things to remember
Clauses to link to the main lease
[1. The forfeiture clauses]
[2. The alienation covenants]
3. Tax issues
[1. VAT]
[3. Specify anything else in notes]
2. SDLT
[1. Grant now and pay now]
[2. Agreement for Reversionary Lease to defer]
4. Dilapidations and reinstatement
[1. Restate previous licences for alterations]
[2. Or have a general concept of prior lease alterations]
[3. Does the repair covenant capture disrepair under the prior lease?]
[4. Any external works?]
5. Rent
[1. Initial rent known? Specify in notes]
[2. Rent payable under the Prior Lease with a day 1 review]
6. Variations to the main lease
[1. Link the alienation clauses]
[2. Link the forfeiture clauses]
[3. Specify any other leakages in notes]
7. Form of lease
[1. Restate the main lease]
[2. Reversionary lease by reference]