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New Leasing - The Netherlands, (1. How to start the process, [1. S25…
New Leasing - The Netherlands
2. Financial
4. Rent Review
[1. Fixed increase]
2. Review to the Index
[3. Caps]
[4. Collars]
1. Type of Index
[1. CPI]
2. Frequency of the review
[1. Annual]
[2. DS Smith Preference]
3. Market rent review
[1. Upwards]
[2. See E&W]
[3 Downwards]
1. Rent
1. Rent level
[1. Same as E&W]
2. Rent Free
[1. Same as E&W]
3. Deductions
[1. Same as E&W]
4. When is the rent paid?
1. Monthly
[1. DS Smith Preference]
2. Quarterly
[1. Ds Smith Fallback]
3. Specify other frequency in the notes
7. Turnover rent
1. Turnover rent amount and payment
1. Type of turnover rent
[1. Is it pure turnover rent]
[2. Is it a base rent and top-up]
2. When is it paid
[1. In arrears]
2. In advance/on account
[3. Disputes]
2. How much
[Specify amount in notes]
1. When
[1. Monthly]
[2. Quarterly]
[3. Specify other period]
3. When is it booked/triggered
[1. When goods or services are ordered]
2. When goods or services are paid for
[1. In full]
[2. On deposit]
[3. In instalments]
2. From where does it originate
[1. Generated and fulfilled at the store]
[2. Generated but not fulfilled at the store]
[3. Not generated but fulfilled at the store]
[4. Do you want to capture "showrooming"]
3. What is in turnover
[1. All sums received]
[2. All sums receivable]
3. Examples
3. Examples for other types of premises
[Check your precedence as there are many!]
1. Examples for retail
[Check your precedence as there are many!]
2. Examples for food and drink
[Check your precedence as there are many!]
5. Maintaining turnover
[1. Keep open clause]
[2. Substituted turnover]
[3. Specifying the brand]
7. Ending the turnover arrangement
4. Fixed duration
[1. Specify calendar date when it ends in notes]
[2. Or specify how long it should last in notes]
1. Assignment
[1. Does this automatically end the arrangement]
[2. Is there an offer back?]
2. Underlease
[1. Does this automatically end the arrangement]
[2. Is there an offer back?]
3. The brand in store changes
[1. Clear and apparent change]
[2. Assignment to a group company]
[3. Specify other type of change in notes]
6. Turnover process
1. Process for establishing the on account turnover
[1. Tenant to check]
[2. Landlord to check]
[3. Disputes]
2. What should the Tenant's certificate contain
[1. Number of days open]
[2. Number of days shut]
3. Turnover received
[1. Daily]
[2. Weekly]
[3. Monthly]
[4. Specify other in notes]
3. Process for the annual reconciliation
1. When must the Tenant deliver details
[1. One month after]
[2. Three months after]
[3. Specify other period in notes]
3. Who calculates the annual turnover
[1. Landlord]
[2. Tenant]
2. Who certifies the Tenant's reconciliation
[1. Tenant]
[2. Landlord]
[3. Disputes to an independent third party]
4. On account periods
[1. Weekly]
[2. Monthly]
[3. Quarterly]
[4. Specify other in notes]
5. Keeping records
[3. Inspecting records]
1. Who keeps them
[1. Landlord]
[2. Tenant]
2. For how long must they be kept?
[1. 12 month after turnover period]
[2. 24 month after turnover period]
[3. 36 month after turnover period]
[4. Specify other in notes]
4. What is excluded from turnover
4. Returned goods
[1. Defective]
[2. Not defective but customer requires an alternative]
1. Deductions from the "price"
[1. Bad debts]
[2. Discounts]
[3. Commissions]
[4. VAT]
2. Costs of doing business
[1. Customer incentives]
[2. Interest charges]
[3. Credit charges]
3. Faulty goods/services
[1. Defective]
[2. Not defective but customer requires an alternative]
2. Inducements
3. Non-financial contributions
[Specify non-financial contribution in notes]
1. Rent free
1. Is it a simple start date
[1. Specify how many weeks/months in notes]
[2. Specify calendar date when it starts in notes]
2. Is it triggered by an event
[Specify the event in notes above]
4. Does the inducement have conditions attached?
2. Must it be used for something?
[1. For fit-out]
[2. Specify anything else in notes]
3. When is it paid
[1. On signing the agreement for lease if relevant]
[2. On the agreement for lease going unconditional]
[3. On starting any works e.g. fit-out works]
[4. On signing the lease]
[5. Specify anything else in notes]
1. Is it repayable?
[Specify the repayment events in notes]
2. Other financial inducements
[1. Fit-out contribution]
[2. Pure cash inducement payment]
[3. Specify anything else in notes]
3. Security for the rent
2. When can it drawn upon
[2. If Tenant does not pay rent on time]
[1. Before Tenant has had a chance to pay]
[3. On any other breach]
1. Type of security
1. Guarantor
1. Extent of the Guarantor's liability
[1. Just financial covenants]
[2. All covenants]
[3. What happens on forfeiture]
[1. Must the guarantor take a new lease]
2. Or must it just make payments
[1. Must it pay just the main rent]
[2. Must it pay the main rent plus other sums]
[3. Specify how many months in the notes]
2. Preserving the Guarantor's liability
[1. If the Tenant is initially incapable]
[2. If the Tenant restructures itself]
[3. If you fail to enforce the lease covenant]
[5. If there is a lease variation]
4. If the Guarantor goes insolvent
[2. Tough luck]
[1. Tenant to find a new Guarantor]
2. Rent deposit
[4. Is it Tenant money]
[3. Is it Landlord money]
[6. Who gets the interest]
[5. Is it plus VAT]
[1. Is it for rent only]
[2. Is it for other sums]
4. Letter of credit
[1. On demand]
[2. Evergreen]
[3. Specify other terms in the notes]
3. Bank guarantee
[Specify terms in the notes]
3. When is it to be released
3. The passing of time
[Specify the number of years in notes]
1. When the tenants financial position improves
[1. Net asset test]
[2. Net profit test]
[3. Ratings test]
[4.Specify other improvement events in notes]
2. Other events
[1. Assignment]
[2. Specify other events in notes]
6. Other costs
[3. Things used in common with others]
1. Service Charge
[5. Service charge caps]
3. Payment regime, accounting and administration
[1. Credit any over-payments. Annualise any under payments]
[2. Disputes regime]
6. Can Landlord charge unexpected payments
[1. On notice]
[2. Only if on account payments are allowed]
5. Reckoning up after service charge year
[1. Within 3 months]
[2. Within 6 months]
[3. Within 9 months]
[4. Specify other period in notes]
4. Payment frequency
[1. Monthly]
[2. Quarterly]
[3. Specify other frequency in notes]
3. Evidencing costs
[1. Can the Tenant inspect]
[2. Can the Tenant query]
[3. Must receipts be provided on request]
1. Allocating the Tenant's share
[1. Fair proportion]
[2. Fixed proportion]
[3. Subsequent variations]
3. Things affecting proportion
[1. Degree of benefit]
[2. Floor area]
[3. Weightings]
[4. Specify anything else in notes]
2. Landlord's obligation to provide services
1. Strength of the obligation
[1. Absolute]
[3. In accordance with good estate management]
[4. Efficiently]
2. Endeavours
[1. Reasonable]
[2. All reasonable]
[3. Best]
[4. Specify other type of endeavours in notes]
2. Qualifications to the obligation
[3. Changing the way you provide the services]
[1. Core/non-core services]
2. Changes to the services
[1. Vary the services]
[2. Reduce the services]
[3. Add to the services]
[4. Specify anything else in notes]
4. Events affecting the services
[1. Supervening events]
[2. Temporary suspensions]
6. Types of services
[1. Administration of the services]
[4. The people or equipment to provide the services]
[5. Accommodation for people or equipment to provide the services]
2. Finance charges to fund the services
[1. General ability to finance]
[2. Only if the Landlord cannot charge on account payments?]
3. The services themselves
1. For the Building
[1. MCL definition]
[2. Specify any changes to the MCL in notes]
2. For the Estate/Centre
[1. MCL definition]
[2. Specify any changes to the MCL in notes]
4. Service charge exclusions
2. Revenue costs
[2. Collecting rent]
[3. Reviewing rent]
[4. Voids]
[5. Unrecovered costs from other tenants]
[1. Advertising the Landlord's asset]
1. Capital costs
[5. Additions and extensions]
[3. Insured risks damage]
[1. Capital costs of constructing the building]
[2. Improvements to the Landlord's asset instead of the services]
[4. Uninsured risks damage]
[6. Reductions and removals]
2. Insurance costs
5. Insurance valuations
[Tenant to pay "normal" valuation frequency]
Type of valuation
[Desk top]
[Full valuation]
How frequently
[Not more than annually]
[Not more than every 2 years]
[Not more than every 3 years]
[Other - please specify in notes]
1. Insurance premium
[1/ Fair proportion (of a larger sum)]
[2. Insurance commissions]
[3. Value for money]
4. Excesses, limitations and exclusions
[1. Whatever the Insurer imposes]
[2. Fair in the context of other policy benefits]
[3. Normal for this type of building]
3. Extra costs caused by the Tenant
[1. Tenant pays for amounts it causes to be refused]
[2. Tenant pays for extra premium due to its works or use]
2. Loss of rent/other sums
[Main Rent]
[Other sums]
5. VAT
[1. All payments exclusive of VAT]
2. Obligation to provide a VAT invoice
[2. Rely on statute]
[1. Contractual obligation in the lease]
4. Outgoings
[2. Rates]
[1. Contribution to shared costs]
6. Landlord's costs
2. Amount of costs
[1. Costs]
[2. Breach of contract costs]
[3. End of term costs]
1. Costs
[Reasonable and proper costs]
[Reasonable costs]
[Internal costs]
[Out of pocket/incurred costs]
[Reasonably and properly incurred]
[Reasonably incurred]
[Properly incurred]
1. Type of costs
[1. Applications for consent]
[2. Breach of lease]
[3. End of term/dilapidations]
[4. Specify other costs in notes]
5. Interest
1. Rate of interest
[1. Base rate]
[2. Base rate plus 1%]
[3. Base rate plus 2%]
[4. Base rate plus 4%]
[5. Base rate plus 5%]
[6. Specify other rate in notes]
3. From when is it payable on other sums
[1. From when demanded]
[2. Specify number of days from when demanded]
[3. From when incurred]
2. From when is it payable on rent
[1. From the due date]
[2. Or specify number of days after due date]
[3. From demand]
[4. Or specify number of days after demand]
4. Tenant Covenants
2. Alterations
1. What is allowed or prohibited
2. External structural
2. New occupational structures
[New buildings]
3. Non-occupational structures
[2. Canopies]
[4. Notice boards]
[1. Balconies]
[5. Storage areas]
[3. Cycle racks]
[6. Weather protection/smoker's area]
[7. Specify anything else in notes]
1. Is air space around the demise excluded?
[1. Above it]
[2. Below it]
[3. Around it]
3. Internal structural
1. "Major"
[3. New pedestrian accesses]
[2. New conduits]
[4. New plant room]
[1. New accesses/connections through floors]
[5. Specify anything else in notes]
2. "Minor"
2. Connecting to structure
[1. With consent]
[2. Without consent]
[3. Specify anything else in notes]
1. Connecting to plant/conduits
[1. With consent]
[2. Without consent]
[3. Specify anything else in notes]
1. External non-structural
[2. Plant and plant rooms]
[1. Cabling]
[4. Telecoms]
[3. Risers/supply runs]
4. Internal non-structural
[2. Partitioning]
[4. Shelving]
[1. Consequential connections to the structure]
[3. Risers/supply runs]
5. New buildings
[2. New occupational buildings]
[3. Has the airspace around the demise been excluded]
1. Non-occupational structures
[2. Canopies]
[4. Notice boards]
[1. Balconies]
[5. Storage areas]
[3. Cycle racks]
[6. Weather protection/smoker's area]
[7. Specify anything else in notes]
6. Can they be seen from the outside
[2. If so are they prohibited?]
[1. If so are they allowed with reasonable consent?]
2. How can permitted alterations be done?
1. Consent process
[3. Reasonable consent for the works]
[1. Absolute discretion]
[4. Reasonable consent subject to pre-conditions]
[2. No consent needed]
3. Effect on building management etc. systems
[1. Any effect is prohibited]
[2. Or only adverse effects]
[3. Or only materially adverse effects]
[4. Or only significant effects]
[5. Specify combination, or other effect, in notes]
4. Effect on existing warranties/guarantees
[1. Do nothing that affects them]
[2. Get prior confirmation that proposed works are ok]
2. Form of the consent
[1. Licence Deed]
[2. Letter Licence]
[3. Email]
[4. Specify other form in the notes]
5. Process for doing the works
1. Plans and specifications of the works
3. As the works progress
[Specify what you want in the notes]
1. Before the works start
[1. Outline plans and specifications]
[2. Detailed plans and specifications]
[3. Specify anything else in notes]
2. After the works have been finished
[1. As-built drawings]
[2. Updated health and safety file]
[3. Specify anything else in notes]
2. Typical Tenant covenants
[2. Diligently]
[7. Do not use prohibited/deleterious materials]
[4. Do not cause legal nuisance]
[3. Do not cause interruptions]
[5. Do not cause damage]
[6. Do not invalidate warranties or third party rights]
[1. Good and workmanlike manner etc.]
3. Documents specifying how the works must be done
[1. Drawings]
[2. Occupier regulations]
[3. Planning permission]
[4. Other statutory requirements]
[5. Specify anything else in notes]
6. Reinstatement
[4. The MCL says this]
1. Obligation to reinstate
[1. Landlord can require everything to be reinstated]
[2. Landlord can only require reasonable reinstatement]
[3. Landlord can require environmental improvements to remain]
2. Reinstatement process
[1. Leave the decision to be made during lease term]
[2. Set out timetable now]
3. Reinstatement nuances
[1. Alterations which have improved the building]
[2. Alterations which have improved the environmental performance]
[3. Specify pre-agreed non-reinstatable items in notes]
[4. Specify anything else in notes]
3. Reinstatement
[4. The MCL says this]
1. Reinstatement obligations
[1. Landlord must reasonably require reinstatement]
[2. Landlord can absolutely require reinstatement]
2. Reinstatement process
[1. Decision to be made before the Lease ends]
[2. Specify any alternative pre-agreed timetable in notes]
3. Reinstatement improvements
Landlord can require Tenant to leave alterations behind]
[Tenant can leave alterations which improve the building]
4. Exiting/disposing of the space
2. Break Clauses
1. Alienation
5. Administrative matters
3. Pay the Landlord a registration fee
[1. £100]
[2. Specify other amount in notes]
1. Give the Landlord details of the disposal
[1. Within 1 month]
[2. Within 2 months]
[3. Specify other period in notes]
2. Details to include
[1. Hard copies]
[2. Electronic copies]
[3. Certified copies]
4. Other types of disposal
[1. Only dispose to the extent allowed by the lease]
3. Charging
1. No control
[1. No need to notify]
[2. Must notify but no control]
2. Consent
[1. Reasonable consent]
[2. Specify other consent arrangement in notes]
3. What can be charged
[1. Can you charge the whole]
[2. Can you charge part]
[3. Floating charges]
[4. MCL - genuine lending institution]
2. Change of control?
[2. Specify change of control arrangements in notes]
[1. No limit on change of control]
1. Assignment
2. Assignment of part
[1. Is it always prohibited]
[2. If allowed, specify when]
1. Assignment of whole
1. Allowed with reasonable consent
[Landlord's reasonable opinion]
[Purely objective test (MCL)]
2. Not allowed at all
[1. Is it always prohibited]
2. Is there an initial "lock-in"
[Specify initial lock-in period in notes]
4. Conditions to the assignment
[5. Rent deposit]
1. AGA if reasonably required (MCL)
[1. Automatic AGA]
[2. AGA if reasonably required (MCL)]
2. Guarantor
[1. Automatic guarantor]
[2. Guarantor if reasonably required]
3. Payment of sums under the Lease
[1. Payment of main rent]
[2. Payment of other rents]
[3. Payment of other sums]
[4. Specify any other payments in notes]
4. Existing breaches
[1. Remedy any existing breach]
[2. Remedy any existing remediable breach]
5. Initial "must stay" assignment period
[1. Can the Tenant assign straight away]
2. Must the Tenant stay for an initial period
[1. Must stay for 1 year]
[2. Must stay for 2 years]
[3. Must stay for 3 years]
[4. Must stay for 4 years]
[5. Specify other period in notes]
3. Circumstances for an assignment
1. Circumstances where assignment is allowed
[1. Where the assignee can perform the lease covenants]
[3. Any reasonable circumstances]
2. Ratings Test
1. Accounts Test
1. Profit of x times passing rent
[1.Is it 10]
[2.Is it 5]
[3. Specify other multiple in notes]
2. NAV of x times passing rent
[1.Is it 10]
[2.Id it 5]
[3. Specify other multiple in notes]
3. For how many years
[1.Is it 3]
[2.Is it 5]
[3. Is it 10]
[3. Specify other period in notes]
3. Ratings Agency Tests
[1. Moody Investment Grade Baa1]
[2. S&P BBB+]
[3. Fitch BBB+]
2. Equivalence Test
[1. A covenant status equivalent to a rating]
2. Other substantial bodies
[1. Government body]
[2. Landed estate]
[3.(reputable) Sovereign Wealth Fund]
[4. (reputable) family office]
[5. (reputable) Trust]
[6. Specify other in notes above]
2. Circumstances where assignment is not allowed
[1. Assignee has diplomatic immunity]
[2. Assignee is an existing guarantor (MCL)]
[3. Specify other prohibited assignees in notes]
2. Underletting
1. Underletting Whole
[1. Allowed with reasonable consent]
[2. Never allowed]
4. Inside or outside 1954 Act
[1. Landlord and Tenant Act protection]
[2. No Landlord & Tenant Act protection]
2. Underletting Part
3. Permitted part
[2. Must the split result in occupiable areas]
[3. Must the split not overload services etc.]
[4. Is it just any part the Landlord approves]
[5. Must it have independent access and servicing?]
1. Are there pre-agreed areas
[1. Is it a whole floor of the demise]
[2. Is it parts of the floor of the demise]
[3. Do you have a plan identifying the areas]
[4. Specify any other arrangement in notes]
2. Number of undertenants
[1. Is it one plus the tenant]
[2. Is it two plus the tenant]
[3. Is it three plus the tenant]
[4. Is it four plus the tenant]
[5. Specify other numbers in notes]
[6. Is there no limit on number at all]
1. Allowed or not
[1. Never allowed]
[2. Allowed with consent]
[3. Allowed without consent]
3. Chains of sub-leases
[1. Is there no limit on how many levels of sub-leases]
[2. Is it one level of sub-lease only]
[3. Specify anything else in notes]
6. Initial underletting must stay period
[1. Can the undertenant assign straight away]
[2. Can the undertenant underlease straight away]
3. Must the undertenant stay for an initial period
3. Must the undertenant stay for an initial period
[1. Must stay for 1 year]
[2. Must stay for 2 years]
[3. Must stay for 3 years]
[4. Must stay for 4 years]
[5. Specify other period in notes]
5. Terms of the underletting arrangement
1. Form of the underlease
[1. Is it the same as the main lease]
[2. Can it be different to the main lease]
[3. Specify minimal required clauses]
2. Managing the undertenant
1. Undertenant disposals
[1. Must the Landlord consent to assignments]
[2. Must the Landlord consent to sub-leases]
[3. Must the Landlord consent to charges]
[4. Must the Landlord consent to sharing occupation]
[5. Specify any other control in notes]
2. Varying/surrendering the sub-lease
[1. Must the Landlord consent to variations]
[2. Must the Landlord consent to surrendering]
3. Managing the undertenant relationship
[1. Must the Landlord consent to deferring rent]
[2. Must the Landlord consent to accelerating rent]
[3. Must the Landlord consent to reducing rent]
[4. Must the Landlord consent to commuting the rent]
[5. Must the Landlord consent to waiving breaches]
3. Reviewing the underlease rent
[2. Is it just notified to the Landlord]
[1. Must the Landlord consent to the underlease rent review]
4. Rent under the underlease
[1. Is it higher of passing and market rent]
[2. Is it not less than the market rent]
3. Sharing occupation
1. Sharing with group companies
2. Other conditions
[1. For so long as the companies are grouped]
[2. Specify anything else in notes]
1. Which test are you using?
[1. Companies Act definition]
[2. Landlord & Tenant Act definition]
[3. ICTA definition]
2. Sharing with non-group companies
2. Service Providers
[1. Catering]
[3. Health and wellbeing]
[2. Cleaners]
[4. Security]
[5. Specify anybody else in notes]
1. Business Partners
[2. Incubators]
[1. Consultants/auditors]
[3. Joint venturers]
[4. Anybody with whom you have a business relationship]
3. Rules that apply to both group and non-group
[3. No Landlord and Tenant relationship to be created]
[2. Is there a limit on the size of the shared space]
[1. Is there a limit on the number you can share with]
4. Must you notify
[1. Must you notify at the start]
[2. Must you notify when it ends]
3. When the contractual term ends
[1. Reinstatement/dilapidations]
2. Process at the end of the term
[1. Specify anything unusual that needs to occur]
1. Repair and decoration
1. Repair
1. What is being repaired
[3. Windows/glass]
[5. Door/door frames]
[6. Schedule of condition]
[7. Exclude insured damage]
[1. Carpets/floor coverings]
[8. Exclude uninsured damage]
[2. Tenant's fixtures]
4. Conduits
[1. Conduits which only serve the space]
[2. Conduits serving other space]
2. What standard is it to be repaired to
[3. Good repair]
[6. Renewing component parts]
[2. Good repair and condition]
[4. Good condition]
[1. Good and substantial repair]
[5. Clean and tidy]
[7. Replace/rebuild the whole]
2. Decoration
1. Decoration frequency
2. In the last "X months" of the term
[1. In the last 12 months of the term]
[2. In the last 6 months of the term]
[3. But not if the Tenant has decorated in the previous 5 years]
[4. Not if the Tenant has decorated in the previous 3 years]
[5. Specify any modifications in the notes]
3. Other frequency
[1. When necessary]
[2. Specify anything else in notes]
1. Every "X years"
[1. Every 5 years]
[2. Every 7 years]
[3. Specify other frequency in notes]
Decoration standard
[1.Normal business of the Tenant]
[2.Good quality materials]
[4.With the reasonable consent of the Landlord]
3. Do you want to specify how it is done?
[1. If so specify what you want in the notes]
3. User/uses
4. Subsequent changes to how the space can be used
2. Without consent
[1. No consent needed to any change of use]
[2. New use must have planning]
[3. New use must be notified to the Landlord]
[4. Specify anything else in notes]
1. With consent
[2. Landlord's reasonable consent]
[1. Landlord's absolute discretion]
[3. Reasonable consent subject to pre-conditions]
[4. No consent needed]
[5. Specify anything else in notes]
1. What can the space be used for
3. Non-typical use
[Is it a one-off (Sui Generis) type use]
2. Ancillary uses
[1. General ancillary uses]
2. Specified ancillary uses
[1. Specify your ancillary uses in notes]
1. Asset class
[2. Retail]
[3. Leisure and hospitality]
[4. Industrials]
[5. Logistics]
[6. Hotels]
1. Offices
2. Define by reference to Use Classes Order
[Offices within class B1(a) of Schedule to Town & County Planning (use) Classes Order 1987]
[Offices within class A2 of Schedule to Town & County Planning (use) Classes Order 1987]
[As at 31 August 2020]
1. Up to and including 31 August 2020
[1. Offices within A2]
[2. Offices within Class B1A]
2. From and including 1 September 2020
[1. New Use Class E]
1. Define by reference to proposed use
[2. Specify the use for your deal]
[1. e.g. Bank, Law Firm, Call Centre etc.]
3. Additional quality standards
1. Absolute quality
[1. Good quality offices]
[2. High quality offices]
[3. Specify other type of offices in notes]
2. Relative quality
[1. Appropriate for this building]
[3. Appropriate for this location]
[2. Appropriate for this estate]
[4. Specify anything else in notes]
2. What can the space not be used for
1. General prohibitions
[8. No flammable substances]
[3. Don't cause damage]
[5. Don't conduct illegal activity]
[4. Don't cause wireless interference]
[1. Don't block/overload supply runs/conduits]
[7. Don't do anything smelly]
[6. Don't do anything noisy]
2. Don't cause a nuisance
[1. Is it a legal nuisance]
[2. Is it any nuisance]
2. Specific prohibitions
[5. Sex shops]
[2. Auctions]
[4. Offices which the public can visit]
[1. Alcohol/E-Cigarettes]
[3. Food]
[6. Immoral purposes]
[7. Specify anything else in notes]
5. Day to day management
[1. Comply with rules and regulations]
[2. Give the Landlord contact information and details]
[3. Comply with good neighbour provisions]
[4. Specify anything else in notes]
3. Must it be used in a particular way?
[1. Is branding controlled]
[2. Is signage controlled]
[3. Do externally visible areas windows need to be controlled]
[4. Must the space be kept appropriately lit]
[5. Must the space always be occupied]
6. Costs, consents, regulations and indemnities
1. Consents and regulations
1. Reasonable consent
[1. Consent not to be unreasonably withheld]
[2. Consent not to be unreasonably delayed]
[3. Reasonable opinion of person consenting]
[4. Objective standard for whether withheld or delayed]
2. Absolute discretion
[Specify what is an absolute discretion event and why in notes]
3. Regulations
[2. Regulations to be reasonable]
[1. Balance needs of all the Tenants/Occupiers]
[3. Specify why any regulations might not be reasonable in notes]
2. Costs
[3. Reasonable and proper costs]
[1. Reasonable costs]
[6. Internal costs]
[7. "Out of pocket"/incurred costs]
[4. Reasonably and properly incurred]
[2. Reasonably incurred]
[5. Properly incurred]
3. Tenant indemnities
3. Indemnity limits
1. Limiting the loss
1. Type of loss
[1. All losses, costs, claims, damages, expenses and fees incurred]
2. Limiting that loss
[1. Reasonable in amount]
[2. Reasonably incurred]
[3. Reasonably foreseeable]
[4. Flow naturally from the breach]
[5. Not special loss/pure economic loss]
2. Cooperation in relation to the claim
[1. Give notice of claims]
[2. Provide information]
[3. Mitigate loss]
[4. Restrictions on naming parties in proceedings]
1. What is covered
[1. Breach of an obligation]
[2. General property liability]
[3. Just third party liability (MCL)]
4. How might it be incurred without breach
[4. caused by state and condition of the Property]
[2. caused by exercise of the Tenant's rights]
[1. caused by carrying out of any permitted works]
[3. caused by general property liability]
2. Who is it given to
[1. To the lease counter-party]
[2. To third parties]
5. Landlord's right to enter
[Actions as a result of entering]
1. Why/when can Landlord enter?
[2. To inspect generally]
[3. To rectify breach]
[1. To inspect for suspected breach]
[4. To carry out works]
[5. To display re-letting signs]
[8. Specify any other reason in notes]
[6. To comply with a contractual obligation]
7. To comply with the law
[1. Statutory obligations]
[2. Other legal obligations]
3. Actions/consequences of entering
2. If Landlord enters to remedy breach
[1. Can it recover all its costs]
[2. Are they recoverable as a debt (Jervis.v.Harris)]
1. Notify the Tenant to remedy a breach
[1. Immediately]
[2. Within 20 business days]
[3. Within such timeframe as is reasonable in the circumstances]
[4. Specify any other period in notes]
4. Financial consequences of entry
Physical damage
[Damage to premises]
[Damage to contents]
Non-physical damage/economic loss
[Consequential loss]
[Special loss]
[Loss of profits]
2. Entry Protections Safeguards
3. Process to enter
3. Consent
[1. Tenant's prior reasonable consent]
[2. Specify any other arrangement in notes]
1. Notice period
[1. On 10 business days' notice]
[2. On 20 business days' notice]
[3. Specify other notice period in notes]
2. Without notice
[1. Emergencies]
[2. Specify any other reason in notes]
1. Pre-conditions to entry
[See MCL pre conditions]
2. How it is exercised
[1. Causes as little interference as possible]
[2. Enter quickly and leave as soon as possible]
[3. If possible, enter outside business hours]
[4. Cause as little damage as possible]
[5. Cause as little noise as possible]
5. Consequences of entry
1. If Landlord enters to remedy breach
[1. Can it recover all its costs as debt?]
2. Must it remedy damage
1. Physical damage
[2. To the building]
[1. To contents]
[3. To other physical things in the demise]
[4. To the demise itself]
[5. Specify any other physical damage in notes]
2. Non-physical damage/economic loss
[1. Consequential financial loss]
[3. Special losses]
[2. Loss of profits]
2. If Landlord enters for other reasons
1. Physical damage
[To the building]
[To contents]
[To other physical things in the space]
2. Non-physical damage/economic loss
[Consequential loss]
[Special loss]
[Loss of profits]
4. Prior agreed method statement for works
[1. Specifying the location]
[2. Specifying how materials will be transported]
[3. Specifying how noise will be minimised]
[4. Specify other behavioral requirements in notes]
1. Parties and Property
5. Rights reserved
[6. Support, shelter, light and air]
[5. Running of services]
[2. Common parts and conducting media]
[1. Adjoining premises]
[4. Plant equipment, scaffolding and crane oversail]
3. Entry onto the premises
[1. To inspect generally]
[2. To inspect for breach]
[3. To place marketing on/disposal notices on premises]
[4. To allow perspective purchases to view premises]
5. To allow perspective tenants to view the premises when lease ends
[1. Allowed unless genuine steps are underway to renew the lease]
3. Process to enter
3. Consent
[1. Tenant's prior reasonable consent]
[2. Specify any other arrangement in notes]
1. Notice period
[1. On 10 business days' notice]
[2. On 20 business days' notice]
[3. Specify other notice period in notes]
2. Without notice
[1. Emergencies]
[2. Specify any other reason in notes]
2. Premises
1. Are you demising the whole of the building
2. If not, what are you demising?
2. If it is an internal/non-structural demise: exclude
[8. Windows and window frames]
[5. Doors and door frames]
[4. Half any non-structural "party" walls]
[2. All structural walls in the Premises]
[6. Suspended ceilings]
[1. All conducting media in and not exclusively serving the Premises]
[7. Tenant's fixtures]
[9. All "permitted works" in the Premises]
[3. Structural floors and ceilings]
3. If it is a structural/external demise
[1. Are you just demising all of the Property]
[3. Are you being more specific]
[4. Are you including air space]
[5. Are you including ground below]
[2. Are you adding anything else?]
1. If it is an internal/non-structural demise: include
[6. Plaster and internal surfaces]
[9. Windows and window frames]
[3. Doors and door frames]
[5. Half any non-structural "party" walls]
[2. All non-structural walls in the Premises]
[7. Suspended ceilings]
[1. All conducting media in and exclusively serving the Premises]
[8. Tenant's fixtures]
[10. All "permitted works" in the Premises]
[4. Floors and ceilings]
3. Are you specifying the measured size of the premises?
2. Which measuring standard
[1. RICS]
[2. IPMS]
[3. Both RICS and IPMS]
3. Responsibilities of the "measurer"
[2. Specify anything else in notes]
1. Will there be a legal duty of care from the measurer?
[1. Yes]
[2. No]
1. What do you do with the measured size
[1. Put it in the Premises definition]
[2. Add it to the rent review]
3. Building and Estate
2. Are they unchangeable
[No future flexibility]
1. Are they changeable
[1. Changeable regardless of the consequences for the Tenant?]
2. Only change if you do not adversely affect the Tenant
[1. Adversely affect the Tenant's demise]
[2. Adversely affect the Tenant's rights]
1. Parties
2. Tenant
[Specify Tenant in notes]
3. Guarantor
[Specify guarantor in notes]
1. Landlord
[Specify Landlord in notes]
4. Other parties?
[Specify other party in notes]
4. Rights granted
1. Access
3. Who has the rights
[4. Tenant staff]
[5. Tenant's visitors]
[1. Cyclists]
[2. Motor vehicle drivers]
[3. Other transport drivers]
1. What areas are the rights over?
[1. Building]
[2. Common parts]
[3. Estate]
[6. Specify anything else in notes]
4. Dedicated areas
[Specify any dedicated areas in notes]
5. Facilities
[Specify any dedicated facilities in notes]
2. Exclusive or common rights
[2. In common with others]
[1. Exclusive/just one tenant can exercises]
5. Hours of access
[1. 24/7/365]
[3. Specify anything unusual in notes]
2. During normal business hours
[1. Are you specifying those]
[2. Are you not specifying those]
4. On foot/in vehicles
[1. Pedestrian]
[2. Vehicular]
3. Parking/storage
[6. Store rooms etc.]
[3. Motor vehicle parking]
[1. Cycle parking]
[4. Parking for other transportation devices]
[5. Drying rooms]
[2. Motor bike parking]
6. Servicing the Premises
[3. Is there an hours of use control]
[1. Does the Tenant have exclusive servicing space]
[2. Is the servicing space shared?]
4[. Is it uncontrolled use]
8. Specific rights
[Specify any deal specific rights in notes]
4. Refuse/recycling
[1. Landlord to provide]
[2. Tenant to provide]
[3. Specify bespoke arrangements in notes]
2. Common Parts
[1. Over all common parts]
[2. If less, specify in notes]
7. Signage
[2. If Tenant is multi-property, national branding?]
[1. Pre-approved signage]
[3. National branding anyway]
[4. Anything with reasonable consent]
[5. Uncontrolled]
[6. Specify personal requirements in notes]
[7. Specify anything else in notes]
5. Services
2. Controlled and provided by the Tenant
[3. Specify anything else in notes]
1. Utilities and cables
[2. Risers]
1. Service providers
[1. Is Landlord controlling utilities/service providers]
[2. Does the Tenant have free choice on utilities/service providers]
2. Utilities and plant
1. How do you get to them
[1. Do you need access over the building?]
[2. Is the plant room demised?]
[3. Is the plant room adjoining?]
[4. Specify anything else in notes]
2. What can you do with them
[1. Can you alter them]
[2. Can you move them]
[3. Can you upgrade them]
[4. Can you do anything as long as you don't affect anyone else?]
1. Controlled and provided by the Landlord
[See service charge]
6. Insurance and Service Charge
1. Insurance
5. If damage occurs
Reinstating the damage
Uninsured Risk damage
[No obligation to reinstate]
[Landlord may elect to do so]
[Specific client requirements]
Insured Risk damage
[Consents for reinstatement]
[Are fixtures etc. included?]
[Option not to reinstate]
[Substantially the same not identical]
The reinstatement obligation
[Just use proceeds of insurance]
[Make good shortfall]
[Straightforward reinstatement obligation]
Subject to Tenant not vitiating
[In whole]
[In part]
[Does it matter?]
Ending the Lease
[On damage/destruction occurring]
[If relevant space has not been reinstated by end of Risk Period]
[Either Landlord or Tenant can end]
Rent suspension
What triggers it
[Degree of destruction]
[Degree of damage]
[Premises unusable?]
[Premises inaccessible]
[Key facilities/amenities in the rest of the building]
[Tenant variation?]
How long does it last?
[From destruction/damage]
[Until usable/accessible]
[Until reinstatement]
[Consequences if it happens during a rent free]
[Until ready to receive Tenant's fitting out works]
[Uninsured Risks]
[Until the end of the Risk Period]
[Until the end of the Tenant's insurance break right]
What is suspended
[Main Rent]
[Service Charge]
[Other payments]
[Refunds of monies paid in advance]
What happens with damage caused by an uninsured risk/rent suspension?
[Rent suspends for any damage]
[Rent suspends for "material" damage]
4. Tenant's insurance obligations
Compliance obligations
[Comply with insurer's requirements]
[Comply with insurer's recommendations]
Other insurance obligations
[Insure its own public liability risks]
Payment obligations
Pay any amounts refused because
[the Tenant fails to act; or]
[the Tenant willfully acts]
Pay the insurance premium
[Increased premium due to the tenant's works or use]
To pay
[The access/deductible]
[To comply with the insurance policy]
Valuations
[Whenever necessary]
[Every year]
[Ever two years]
[Every three years]
[Specify other in notes above]
1. Landlord's obligation to insure
[1. Strength of the obligation]
[2. Qualifications to the obligation]
2. What is insured
[Premises]
[Building/estate]
Uninsured risks
[1. A risk which is not generally available]
[2. Insured risk which a limitation or exclusion excludes?]
[3. Insured Risk which becomes uninsured]
[4. Use the MCL definition]
[5. Specify other in notes above]
Tenant's items
[Tenant's fixtures]
[Tenant's "fittings"]
[Tenant's business equipment]
[Tenant's loose "contents"]
Insured Risks
Insured events
Weather events
[Lightning]
[Storm]
[Earthquake]
[Flood]
People events
[Riot]
[Civil commotion]
[Malicious damage]
[Cyber attack]
[Vehicles]
[Terrorism]
Other events
[Subsidence]
[Heave]
[Fire]
[Explosion]
[Bursting/overflowing pipes/tanks]
[Aircraft/aerial devices impact]
Insurance policy issues
Additional risks
[Required by Landlord]
[Required by Tenant]
[Reasonably required]
[Paid for by whom]
[Public liability]
Public liability
[Landlord to insure the building's liability]
[Tenant to insure its own liability]
Loss of rent/service charge
Changing the risk period
[Landlord's absolute discretion]
[Landlord's reasonable discretion]
[Tenant's request]
[Tenant's reasonable request/all of the Tenants]
How many years for the risk period
[3]
[4]
[5]
[6]
[7]
Loss of what?
[Loss of rent]
[Loss of service charge]
[Loss of other?]
6. Insurance policy issues
Tenant protections
[Interest noted]
[Subrogation waiver]
Landlord's insurance covenant
[1. Absolute]
[3. None]
2. Endeavours
[1. Best]
[2. Reasonable steps]
[3. Reasonable efforts]
Policy details
[Landlord to notify terms]
[Landlord to notify material terms]
[Landlord to notify variations]
Identity of the insurer
[Reputable]
[Substantial]
[Experienced in the UK market]
[No control over identity]
Constraints
[Insure to the extent available in the UK market]
[Exclusions]
[Excesses]
[Limitations]
Uninsured Risks
3. Insurance costs
5. Insurance valuations
[Tenant to pay "normal" valuation frequency]
Type of valuation
[Desk top]
[Full valuation]
How frequently
[Not more than annually]
[Not more than every 2 years]
[Not more than every 3 years]
[Other - please specify in notes]
1. Insurance premium
[1/ Fair proportion (of a larger sum)]
[2. Insurance commissions]
[3. Value for money]
4. Excesses, limitations and exclusions
[1. Whatever the Insurer imposes]
[2. Fair in the context of other policy benefits]
[3. Normal for this type of building]
3. Extra costs caused by the Tenant
[1. Tenant pays for amounts it causes to be refused]
[2. Tenant pays for extra premium due to its works or use]
2. Loss of rent/other sums
[Main Rent]
[Other sums]
2. Service Charge
1. Landlord to provide services
1. Allocating the Tenant's share
[1. Fair proportion]
[2. Fixed proportion]
3. Things affecting proportion
[1. Degree of benefit]
[2. Floor area]
[3. Weightings]
[4. Specify anything else in notes]
3. Subsequent variations
[1. Landlord to decide]
[2. Tenant to propose]
3. Dispute resolution, if not agreed
[2. Expert]
[3. Arbitrator]
[4. Specify anyone else in notes]
1. Factors to take into account
[1. Number of units affected]
[2. Whether the change increases or decreases the charge]
[3. Specify anything else in notes]
3. Payment regime, accounting and administration
[1. Credit any over-payments for the next year]
[2. Charge any under payments for the next year]
[3. Legislate for lease end?]
[4. Disputes regime]
8. Can Landlord charge unexpected payments
[1. On notice]
[2. Only if no on account payments are allowed]
[3. Specify other unexpected payment regime in notes]
7. Reckoning up after a service charge year
[1. Within 3 months]
[2. Within 6 months]
[3. Within 9 months]
[4. Specify other period in notes]
6. Payment frequency
[1. Monthly]
[2. Quarterly]
[3. Specify other frequency in notes]
5. Evidencing costs
[1. Can the Tenant inspect]
[2. Can the Tenant query]
[3. Must receipts be provided on request]
5. Types of services
[The accommodation for the people or equipment to provide the services]
[The people or equipment to provide the services]
[Administration of the services and audits]
[Finance charges to fund the services if the service charge payments do not cover it]
The services themselves
For the Building
[Check what you need for the Building]
For the Estate/Centre
[Check what you need for this Estate/Centre]
2. Landlord's obligation to provide services
1. Strength of the obligation
[1. Absolute]
[3. In accordance with good estate management]
[4. Efficiently]
2. Endeavours
[1. Reasonable]
[2. All reasonable]
[3. Best]
[4. Specify other type of endeavours in notes]
2. Qualifications to the obligation
[3. Changing the way you provide the services]
[1. Core/non-core services]
2. Changes to the services
[1. Vary the services]
[2. Reduce the services]
[3. Add to the services]
[4. Specify anything else in notes]
4. Events affecting the services
[1. Supervening events]
[2. Temporary suspensions]
4. Service charge exclusions
1. Asset management exclusions
[2. Unlet parts of the building/voids]
[3. Service charge caps]
[1. Collecting or reviewing rent]
[4. Unrecovered costs from other tenants]
[5. Distant parts of the estate/building]
6. Advertising the property
[1. Advertising the businesses at the property]
[2. Advertising the Landlord's asset]
2. Capital value exclusions
[3. Insured risks damage]
[1. Capital costs of the initial construction]
[2. Improvements to the Landlord's asset instead of the services]
[4. Uninsured risks damage]
5. Variations to the building/estate
[1. Reducing it]
[2. Extending it]
2. Tenant to provide services
[1. Is it while the Tenant occupies all the building]
[2. Is it while the Tenant occupies part of the building]
[3. Specify deal specific arrangements in notes]
8. Standard Clauses
3. Conveyancing issues
[1. No acquisition of easements and rights]
[3. Is the lease "ex-Act"]
[4. Exclude liability for former landlords]
[5. New tenancy for the purposes of the 1995 Act]
[6. Exclude statutory compensation]
2. Wayleaves
[1. Rights for the Tenant]
[2. Obligations on the Landlord]
[3. Protecting other space in the building]
1. Legal issues
[1. Exclude Third Party Rights?]
[2. are clauses severable.]
2. No one is relying on representations
[1. Unless made between solicitors]
[2. Unless made by other means set out in the notes.]
3.Law governing the agreement
[1. England and Wales]
[2. Specify other jurisdiction in the notes].
4. Executing the agreement
[1. Signed]
[2. Sealed]
5. Copyright
6. Dataprotection
2. Administrative issues
[1. Apportionments]
[2. Disputes]
[4. Type of response to the notice]
[5. Consequences of not replying]
[6. Publicity and confidentiality]
[7.Is the agreement assignable.]
3. Serving notices
1. How long are they served
2. How long before notices are responded to
[(a) 5 days]
[(b) 10 days]
[(c) 15 days]
[(d) 20 days]
[(e)] specify other length in the notes]
3. *Are "days"
[(a) working days]
[(b) calendar days]
[(c) during Christmas or Easter extended?]
7. Green lease provisions
1. Alterations/Reinstatement
1. Alterations
[1. Must materials be sustainably sourced]
[2. Can they reduce the EPC rating]
[3. Can they require a new EPC?]
[4. Specify anything else in notes]
2. Reinstatement
[1. Can energy efficiency improvements stay?]
[2. Remove anything which reduces energy efficiency]
[3. Specify anything unusual in notes]
3. Repairs
[1. Use sustainability sourced materials]
[2. Repair or replace with modern equivalent?]
2. Certifications
[4. Nabers UK]
5. Other certifications
[1. Specify in the notes]
[2. Specify why needed in the notes]
3. BREEAM
[1. BREEAM at shell and core]
[2. BREEAM at]
[3. BREEAM in use]
1. DEC
[1. For publicly accessible space]
[2. Not for privately accessed space]
2. EPC
3. Minimum certification level as at 30/06/2021
[1. E for commercial]
[2. E for residential]
1. Provided on:
[1. Sale]
[2. New Lease]
[3. Lease Renewal]
[4. Reversionary Lease]
[5. Surrender]
[6. Exchange]
[7. Alterations changing the number of spaces in separate occupation and the heating/cooling plant]
2. Not needed for:
[1. Licence to Occupy]
[2. Tenancy at Will]
[3. Most alterations]
[4. Properties where development is ongoing (until PC)]
4. Minimum certification level after 30/06/2021
[2. For residential, probably C from 2035]
1. For commercial
[1. Possibly C from 2027]
[2. Probably B from 2030]
4. Forums to discuss/decide green issues
[1. Who attends?]
[2. Can it require things to be done]
[3. Does it just suggest things be done]
4. Frequency of meetings
[1. Weekly]
[2. Monthly]
[3. Quarterly]
[4. Specify other frequency in notes]
5. Data sharing
[2. Must collected data remain confidential]
[3. Can the data be shared]
1. Sub-metering/smart metering
[1. Already installed]
[2. Must they be installed]
[3. Specify anything else in notes]
6. Recycling
[1. Must waste be recycled]
[2. Must water be re-used]
7. Landlord's works
[2. Must materials be sustainably sourced]
1. Who pays for energy efficiency improvements
[1. Tenant]
[2. Landlord]
[3. Specify any alternatives in notes]
8. Who pays green improvement costs?
[1. Always the Landlord]
[2. Always the Tenant]
[3. Specify in notes where 1-7 are mixed and consider separately]
5. Landlord Covenants
[3. Quiet enjoyment]
[2. Services]
[10. Scaffolding, hoardings and ladders]
[6. Headlease obligations]
[9. Changes in the estate/building]
[8. Designating how common areas can be used]
[7. Wayleaves]
4. Entry Protections Safeguards
1. Pre-conditions to entry
[See MCL pre conditions]
2. How it is exercised
[1. Causes as little interference as possible]
[2. Enter quickly and leave as soon as possible]
[3. If possible, enter outside business hours]
[4. Cause as little damage as possible]
[5. Cause as little noise as possible]
5. Consequences of entry
1. If Landlord enters to remedy breach
[1. Can it recover all its costs as debt?]
2. Must it remedy damage
1. Physical damage
[2. To the building]
[1. To contents]
[3. To other physical things in the demise]
[4. To the demise itself]
[5. Specify any other physical damage in notes]
2. Non-physical damage/economic loss
[1. Consequential financial loss]
[3. Special losses]
[2. Loss of profits]
2. If Landlord enters for other reasons
1. Physical damage
[To the building]
[To contents]
[To other physical things in the space]
2. Non-physical damage/economic loss
[Consequential loss]
[Special loss]
[Loss of profits]
4. Prior agreed method statement for works
[1. Specifying the location]
[2. Specifying how materials will be transported]
[3. Specifying how noise will be minimised]
[4. Specify other behavioral requirements in notes]
5. Repayment of overpaid rent
[On a break]
[At the end of the Lease]
[But not on forfeiture]
3. Term and forfeiture
4. Break clauses for 1954 Act protected leases
1. How to start the process
[1. S25 notice by Landlord]
[2.S26 notice by Tenant
3. Start grounds for recovering possession
[1. Intention to redevelop]
[2. Intention to occupy]
[3. Persistent breach]
[4. PAUL TONKIN]
1. Length of term
[1. Is it 3 years]
[2. Is it 5 years]
[3. Is it 10 years]
[4. Is it 15 years]
[5. Is it 20 years]
[6. Specify other length in notes]
3. Renewals and lease protection
[2. Statutory right to renew]
1. Contractual option to renew
[3. Specify renewal term in notes]
1. Further renewals
[1. Renew once]
[2. Renew twice]
[3. Specify anything else in notes]
2. In your term
[1. Same length as existing lease]
[2. Specify other term in notes]
3. Is the lease ex-Act or protected
[1. Protected with a statutory right to renew]
[2. Ex-Act and no right to renew]
3. Ex-Act with contractual option to renew
[3. Specify renewal term in notes]
1. Further renewals
[1. Renew once]
[2. Renew twice]
[3. Specify anything else in notes]
2. In your term
[1. Same length as existing lease]
[2. Specify other term in notes]
5. Forfeiture
2. Breach of financial covenants
1. Rent
[1. Due within 7 days]
[2. Due within 14 days]
[3. Due within 21 days]
[4. Due within 28 days]
[5. Specify other notice period in notes]
[6. Specify other processes in notes]
2. Other payments
[1. Service charge]
[2. Insurance premiums]
[4. Outgoings other than rates]
[5. Rates]
[3. Interest]
[6. Specify anything else in notes]
1. Breach of non-financial covenants
[1. Simple breach]
[2. Material breach]
[3. Persistent breach]
[4. Specify any other type of breach in notes]
3. Insolvency
[2. Tenant/guarantor is a company, LLP or partnership]
[4. Equivalent events in other jurisdictions]
3. Relevant if tenant/guarantor is an individual
[1. Receiving order]
[2. Interim receiver appointed]
4. Debt relief order or debt management plan
[1. Voluntary application/proposal]
[2. Grant of a debt relief order]
[3. Imposition of a debt management plan]
3. Bankruptcy
[1. Voluntary application]
[2. Third party petition]
[3. Actual bankruptcy]
5. Individual voluntary arrangement
[1. Interim order under Part VIII of the Insolvency Act 1986 Act]
[2. Voluntary proposal]
1. Relevant for all tenants/guarantors
[1. Appointment of a receiver]
[2. Scheme/arrangement with creditors (Insolvency Act 1986)]
2. Relevant if tenant/guarantor is "corporate"
[1. Liquidation]
[3. Creditors' meeting under Insolvency Act 1986 Part I]
[4. Compromise or scheme of arrangement or restructuring (Companies Act 2006 Part 26/Part 26 A)]
[5. Moratorium under Insolvency Act 1986 Part A1]
[6. Administration]
[7. Striking off]
2. Winding up
[1. Actual winding up]
[2. Winding up petition if not dismissed or withdrawn (insert time period in notes)]
2. Break clauses for Ex-Act leases
1. Tenant break
6. Advance notice/waiver
[3. How much advance notice]
[2. Can it be withdrawn]
[1. Can it be waived]
[4. Check notice fits with reinstatement provisions]
2. Break payments
[1. Are break payments made on exercise?]
[2. Are break payments made on the date f the break?]
[3. Specify any other date in notes]
1. "Vacant Possession"
[2. Legal vacant possession]
[1. "Physical" vacant possession]
[4. No lawful occupiers left behind]
[3. No (unlawful) occupiers left behind]
3. Landlord to repay any advance payments
[1. On the break date]
[2. Within 14 days of the break date]
[3. Within 28 days of the break date]
[4. Specify any other date in notes]
4. Is time of the essence?
[1. Yes]
[2. No]
5. Personal break
[1. Is it personal to the Tenant]
[2. Does cover assignees as well?]
2. Landlord Break
1. When can the Landlord break
2. Are there grounds for exercising the breach?
3. The break date
[1. Year 5]
[2. Year 10]
[3. Specify other breaks in the notes]
4. Pre-conditions for the break
1. Conditions for serving advance notice
[1. None]
[3. Main rent paid up to date]
[4. Other lease payments paid up to date]
[5. What does the Lease Code say?]
[2. Break payment(s) to have been made]
2. Conditions for the break to take effect
[1. None]
[3. Main rent paid up to date]
[3. Other lease payments paid up to date]
[5. What does the Lease Code say?]
[2. Break payment(s) to have been made]
5. The actual break date itself
1. The Lease start date
2. Write in a calendar date
1. How to start the process
[1. S25 notice by Landlord]
[2. S26 notice by Tenant]