New Leasing
1. Parties and Property
2. Premises
1. Are you demising the whole of the building
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. Is it a warranty?]
[2. Is it a joint report?]
[3. Is it a duty of care letter?]
[4. Specify other type of legal duty of care in the notes]
1. What do you do with the measured size
[1. Put it in the Premises definition]
[2. Add it to the rent review]
[3. Specify any other purpose in the notes]
2. If not, what are you demising?
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]
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. Are the premises on a building or estate?
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]
1. Parties
2. Tenant
[Specify Tenant in notes]
3. Landlord's Guarantor
[Specify guarantor in notes]
1. Landlord
[Specify Landlord 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. Are they 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]
4. How are they exercised??
[1. Pedestrian]
[2. Vehicular]
5. Services
2. Controlled and provided by the Tenant
[3. Specify anything else in notes]
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. Utilities and cables
[2. Risers]
1. Controlled and provided by the Landlord
[See service charge]
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]
[7. Scooters]
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]
4. Refuse/recycling
[1. Landlord to provide]
[2. Tenant to provide]
[3. Specify customised arrangements in the notes]
8. Specific rights
[1. Set out any deals specific rights in notes]
7. Signage
[2. If Tenant is multi-property, National/International branding?]
[1. Pre-approved signage]
[3. National/International branding anyway]
[4. Anything with reasonable consent]
[5. Uncontrolled]
[6. Specify customised arrangements in the notes]
2. Common Parts
[1. Over all common parts]
[2. Specify if only part of the common parts, in the notes]
2. Financial
4. Rent review
1. Review to market rent
3. Assumptions
[2. Premises are fit for occupation and use]
[3. Destruction or damage has been reinstated]
[5. Premises lawfully usable for permitted use]
[6. Specify other in notes]
1. Willing tenant has received inducements
[1. Rent frees for fit-out]
[2. Cash contribution for fit-out]
[3. Specify "off-market" inducements in notes]
4. Compliance with lease covenants
[1. By the Landlord]
[2. By the Tenant]
[3. All covenants complied with]
[5. Specify anything else e.g. material compliance in notes]
[6. Specify other assumptions in notes]
4. Disregards
1. Non-works disregards
[4. Because Tenant has other space in the building]
[5. Because Tenant has other space nearby]
[3. Tenant's occupation]
[2. Tenant's goodwill]
[1. Tenant's fixtures]
2. Works disregards
[1. Carried out with Landlord's consent if required]
[2. Exclude works paid for by the Landlord]
[3. Tenant's predecessors' fit-out works]
[4. Temporary works being carried out nearby/next door]
[5. Tenant's alterations which have reduced the rental value]
[6. Tenant's initial fit-out works]
1. Hypothetical lease definition
[1. Assumed length of term]
[2. No premium payable by the willing Tenant]
[3. Same rent review frequency as in the Lease]
[4. Vacant Possession]
[6. Willing Landlord willing Tenant]
5. Demise is available to be leased
[1. As a whole]
[3. In parts]
[2. In permitted parts]
2. Hypothetical lease exclusions
[1. Main Rent]
[2. Break clauses]
[3. Extra concessions received on lease grant]
[4. Specify other in notes]
6. Process for the review
[1. Arbitrator or Expert]
[4. Rent review memorandum]
[5. Time not of the essence]
2. How often are the rent reviews
[2. Every 5 years]
[1. Every 3 years]
[3. Every year]
[4. Specify other frequency in notes]
3. Interest rate on late review rent
[1. Base rate]
[2. Specify other rate in notes]
5. Best or reasonable etc. rent obtainable
[1. Best rent]
[2. Best rent reasonably]
[3. Market rent]
[4. Market rent reasonably]
7. Upwards/downwards or something else
[1. Upwards only]
[2. Upwards only from the starting rent]
[3. Capped]
[4. Collared]
[5. Upwards and downwards]
[6. Specify anything else in notes]
2. Review to an index
[3. Does this impact other provisions in the Lease]
1. Type of index
[1. RPI (ends in 2030)]
[2. CPI]
[3. Specify other index in notes]
2. Issues to consider
3. Compounded
[1. Compounds each year up to review date]
[2. Just compounds at review date]
[3. Compounds in some other way]
1. Capped
1. Is the rent capped
[1. Is it capped every year]
[2. Is it capped every 5 years]
[3. Specify anything else in notes]
2. Is the index capped
[1. Is it capped every year]
[2. Is it capped every 5 years]
[3. Specify anything else in notes]
2. Collared
1. Is the rent collared
[1. Is it collared every year]
[2. Is it collared every 5 years]
[3. Specify anything else in notes]
2. Is the index collared
[1. Is it collared every year]
[2. Is it collared every 5 years]
[3. Specify anything else in notes]
4. Fluctuating indices
[1. Do you capture the highest fluctuation]
[2. Or do you aggregate the fluctuations]
Fixed/stepped increases
[1. Pre-agreed figures in a schedule]
[2. Pre-agreed figures using a calculation]
6. Other costs
[3. Things used in common with others]
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]
1. Service Charge
[5. Service charge caps]
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]
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]
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]
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]
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]
1. Rent
1. Rent level
[1. Specify starting level in notes]
[2. Specify any initially reduced rate in notes]
[3. Specify other rental figure in notes]
2. Rent free
1. Is it a simple start date
[1. Starts after (specify weeks/months in notes]
[2. Starts on (specify calendar date in notes]
2. Is it triggered by an event
[Specify the event in notes above]
3. Deductions from rent
1. No allowable deductions
[1. No legal deductions]
[2. No equitable deductions]
[3. No set-off]
[4. No counter-claims]
2. Allowable deductions
[1. Any deductions required by law]
[2. Specify any other allowable deductions in notes]
3. Security for the rent
1. Type of security
1. Guarantor
1. Extent of the Guarantor's liability
[1. Just financial covenants]
[2. All covenants]
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]
3. Bank guarantee
[Specify terms in the notes]
4. Letter of credit
[1. On demand]
[2. Evergreen]
[3. Specify other 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]
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]
2. Inducements
4. Does the inducement have conditions attached?
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. Must it be used for something?
[1. For fit-out]
[2. Specify anything else 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]
2. Other financial inducements
[1. Fit-out contribution]
[2. Pure cash inducement payment]
[3. Specify anything else in notes]
3. Non-financial contributions
[Specify non-financial contribution in notes]
4. Tenant Covenants
1. Repair and decoration
1. Repair
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]
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. Decoration
1. Decoration frequency
Decoration standard
[Normal business of the Tenant]
[Good quality materials]
[Do you want to specify how it is done?]
[With the reasonable consent of the Landlord]
2. Alterations
1. What is allowed or prohibited
2. External structural
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]
2. New occupational structures
[New buildings]
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]
6. Can they be seen from the outside
[2. If so are they prohibited?]
[1. If so are they allowed with reasonable consent?]
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]
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]
5. Process for doing the works
1. Plans and specifications of the works
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]
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. 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]
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]
3. User/uses
1. What can the space be used for
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]
3. Non-typical use
[Is it a one-off (Sui Generis) type use]
2. Ancillary uses
[1. General ancillary uses]
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. 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]
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]
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]
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]
4. Exiting/disposing of the space
1. Alienation
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]
4. Conditions to the assignment
[5. Rent deposit]
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
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]
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]
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]
2. Underletting
1. Underletting Whole
[1. Allowed with reasonable consent]
[2. Never allowed]
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?]
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
3. Reviewing the underlease rent
[2. Is it just notified to the Landlord]
[1. Must the Landlord consent to the underlease rent review]
4. Inside or outside 1954 Act
[1. Landlord and Tenant Act protection]
[2. No Landlord & Tenant Act protection]
3. Sharing occupation
1. Sharing with group companies
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]
1. Which test are you using?
[1. Companies Act definition]
[2. Landlord & Tenant Act definition]
[3. ICTA definition]
4. Other types of disposal
[1. Only dispose to the extent allowed by the lease]
3. Charging
2. Change of control?
[2. Specify change of control arrangements in notes]
[1. No limit on change of control]
5. Administrative matters
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]
3. Pay the Landlord a registration fee
[1. £100]
[2. Specify other amount in notes]
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]
2. Break Clauses
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. 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 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]
5. Repayment of overpaid rent
[On a break]
[At the end of the Lease]
[But not on forfeiture]
4. Entry Protections Safeguards
1. Pre-conditions to entry
[See MCL pre conditions]
2. How it is exercised
[1. Cause 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
2. If Landlord enters for other reasons
2. Non-physical damage/economic loss
[Consequential loss]
[Special loss]
[Loss of profits]
1. Physical damage
[To the building]
[To contents]
[To other physical things in the space]
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]
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]
3. Term and forfeiture
3. Renewals and lease protection
[2. Statutory right to renew]
1. Contractual option to renew
[3. Specify renewal term in notes]
2. Break clauses for Ex-Act leases
4. Pre-conditions for the break
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]
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]
3. The break date
[1. Year 5]
[2. Year 10]
[3. Specify other breaks in the notes]
1. Tenant break
5. Personal break
[1. Is it personal to the Tenant]
[2. Does cover assignees as well?]
4. Is time of the essence?
[1. Yes]
[2. No]
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]
1. "Vacant Possession"
[2. Legal vacant possession]
[1. "Physical" vacant possession]
[4. No lawful occupiers left behind]
[3. No (unlawful) occupiers left behind]
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]
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]
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]
5. Forfeiture
2. Breach of financial covenants
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. 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]
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]
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)]
3. Relevant if tenant/guarantor is an individual
[1. Receiving order]
[2. Interim receiver appointed]
3. Bankruptcy
[1. Voluntary application]
[2. Third party petition]
[3. Actual bankruptcy]
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]
5. Individual voluntary arrangement
[1. Interim order under Part VIII of the Insolvency Act 1986 Act]
[2. Voluntary proposal]
6. Insurance and Service Charge
2. Service Charge
1. Landlord to provide services
4. Service charge exclusions
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]
2. Landlord's obligation to provide services
2. Qualifications to the obligation
[3. Changing the way you provide the services]
[1. Core/non-core services]
1. Strength of the obligation
[1. Absolute]
[3. In accordance with good estate management]
[4. Efficiently]
1. Allocating the Tenant's share
[1. Fair proportion]
[2. Fixed proportion]
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]
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]
1. Insurance
2. What is insured
[Premises]
[Building/estate]
Insured Risks
Insured events
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]
Weather events
[Lightning]
[Storm]
[Earthquake]
[Flood]
Additional risks
[Required by Landlord]
[Required by Tenant]
[Reasonably required]
[Paid for by whom]
[Public 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?]
Public liability
[Landlord to insure the building's liability]
[Tenant to insure its own liability]
Insurance policy issues
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"]
6. Insurance policy issues
Constraints
[Insure to the extent available in the UK market]
[Exclusions]
[Excesses]
[Limitations]
Uninsured Risks
Tenant protections
[Interest noted]
[Subrogation waiver]
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]
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?]
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]
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]
3. Insurance costs
1. Insurance premium
[1/ Fair proportion (of a larger sum)]
[2. Insurance commissions]
[3. Value for money]
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]
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]
2. Loss of rent/other sums
[Main Rent]
[Other sums]
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]
4. Tenant's insurance obligations
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]
Compliance obligations
[Comply with insurer's requirements]
[Comply with insurer's recommendations]
Other insurance obligations
[Insure its own public liability risks]
1. Landlord's obligation to insure
[1. Strength of the obligation]
[2. Qualifications to the obligation]
8. Standard Clauses
1. Legal issues
[1. Exclude Third Party Rights?]
[2. are clauses severable.]
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.]
7. Green lease provisions
1. Alterations/Reinstatement
2. Certifications
[4. Nabers UK]
3. Repairs
[1. Use sustainability sourced materials]
[2. Repair or replace with modern equivalent?]
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]
7. Turnover rent
1. Turnover rent amount and payment
2. When is it paid
[1. In arrears]
2. In advance/on account
[3. Disputes]
1. Type of turnover rent
[1. Is it pure turnover rent]
[2. Is it a base rent and top-up]
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]
4. What is excluded from turnover
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]
5. Maintaining turnover
[1. Keep open clause]
[2. Substituted turnover]
[3. Specifying the brand]
7. Ending the turnover arrangement
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
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]
1. When must the Tenant deliver details
[1. One month after]
[2. Three months after]
[3. Specify other period in notes]
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]
7. Other parties?
[Specify other party in notes]
2. During normal business hours
[1. 9am - 6pm]
[2. 8am - 6pm]
[3. 7am - 7pm]
[4. Specify any other duration in the notes]
[4. Specify out of hours use in the notes]
1. Service providers
[1. Is Landlord controlling utilities/service providers]
[2. Does the Tenant have free choice on utilities/service providers]
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]
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]
3. Things affecting proportion
[1. Degree of benefit]
[2. Floor area]
[3. Weightings]
[4. Specify anything else in notes]
2. Endeavours
[1. Reasonable]
[2. All reasonable]
[3. Best]
[4. Specify other type of endeavours in notes]
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]
5. Evidencing costs
[1. Can the Tenant inspect]
[2. Can the Tenant query]
[3. Must receipts be provided on request]
6. Payment frequency
[1. Monthly]
[2. Quarterly]
[3. Specify other frequency 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]
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]
3. Payment regime, accounting and administration
[1. Credit any over-payments. Annualise any under payments]
[2. Disputes regime]
3. Evidencing costs
[1. Can the Tenant inspect]
[2. Can the Tenant query]
[3. Must receipts be provided on request]
4. Payment frequency
[1. Monthly]
[2. Quarterly]
[3. Specify other frequency in notes]
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]
6. Can Landlord charge unexpected payments
[1. On notice]
[2. Only if on account payments are allowed]
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
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]
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]
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]
6. Advertising the property
[1. Advertising the businesses at the property]
[2. Advertising the Landlord's asset]
5. Variations to the building/estate
[1. Reducing it]
[2. Extending it]
2. Finance charges to fund the services
[1. General ability to finance]
[2. Only if the Landlord cannot charge on account payments?]
Landlord's insurance covenant
[1. Absolute]
[3. None]
2. Endeavours
[1. Best]
[2. Reasonable steps]
[3. Reasonable efforts]
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?]
1. When
[1. Monthly]
[2. Quarterly]
[3. Specify other period]
2. How much
[Specify amount in notes]
3. Examples
1. Examples for retail
[Check your precedence as there are many!]
2. Examples for food and drink
[Check your precedence as there are many!]
3. Examples for other types of premises
[Check your precedence as there are many!]
4. Returned goods
[1. Defective]
[2. Not defective but customer requires an alternative]
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]
4. Fixed duration
[1. Specify calendar date when it ends in notes]
[2. Or specify how long it should last in notes]
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]
1. DEC
[1. For publicly accessible space]
[2. Not for privately accessed space]
2. EPC
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)]
3. Minimum certification level as at 30/06/2021
[1. E for commercial]
[2. E for residential]
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]
3. BREEAM
[1. BREEAM at shell and core]
[2. BREEAM at]
[3. BREEAM in use]
5. Other certifications
[1. Specify in the notes]
[2. Specify why needed in the 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]
2. Insurance costs
1. Insurance premium
[1/ Fair proportion (of a larger sum)]
[2. Insurance commissions]
[3. Value for money]
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]
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]
2. Loss of rent/other sums
[Main Rent]
[Other sums]
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]
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]
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]
7. To comply with the law
[1. Statutory obligations]
[2. Other legal obligations]
2. Entry Protections Safeguards
1. Pre-conditions to entry
[See MCL pre conditions]
2. How it is exercised
[1. Cause 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
2. If Landlord enters for other reasons
2. Non-physical damage/economic loss
[Consequential loss]
[Special loss]
[Loss of profits]
1. Physical damage
[To the building]
[To contents]
[To other physical things in the space]
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]
4. Prior agreed method statement for works
[1. Specify the location]
[2. Specify how materials will be transported]
[3. Specify how noise will be minimised]
[4. Specify other behavioral requirements in notes]
3. Process to enter
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]
3. Consent
[1. Tenant's prior reasonable consent]
[2. Specify any other arrangement in notes]
3. Process to enter
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]
3. Consent
[1. Tenant's prior reasonable consent]
[2. Specify any other arrangement in 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]
3. As the works progress
[Specify what you want in the notes]
1. Define by reference to proposed use
[2. Specify the use for your deal]
[1. e.g. Bank, Law Firm, Call Centre etc.]
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]
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. Specified ancillary uses
[1. Specify your ancillary uses in notes]
2. Don't cause a nuisance
[1. Is it a legal nuisance]
[2. Is it any nuisance]
2. Is there an initial "lock-in"
[Specify initial lock-in period in notes]
3. Ratings Agency Tests
[1. Moody Investment Grade Baa1]
[2. S&P BBB+]
[3. Fitch BBB+]
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]
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]
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]
4. Rent under the underlease
[1. Is it higher of passing and market rent]
[2. Is it not less than the market rent]
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]
2. Other conditions
[1. For so long as the companies are grouped]
[2. Specify anything else in notes]
4. Must you notify
[1. Must you notify at the start]
[2. Must you notify when it ends]
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]
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]
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]
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
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?]
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]
4. Break clauses for 1954 Act protected leases
1. How to start the process
[1. Contractual break notice by the Landlord and]
[2. Section 25 notice by the Landlord]
click to edit
1. How to start the process
[1. S25 notice by Landlord]
[2. S26 notice by Tenant]
5. The actual break date itself
1. The Lease start date
2. Write in a calendar date
3. Statutory grounds for recovering possession
[1. Breach of repairing obligations]
[2. Rent arrears]
[3. Substantial other breaches of covenant]
[4. Alternative accommodation]
[5. Subletting of part]
[6. Landlord intends to occupy]
[7. Landlord intends to redevelop]
4. When is the rest paid
[1. Quarterly in advance]
[2. Monthly in advance]
[3. Specify other frequency in the notes]
2. Landlord Break
1. When can the Landlord break
2. Are there grounds for exercising the breach?
[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]
1. Is the building changeable?
[1. Changeable regardless of the consequences]
[2. Only changed if you do not adversely affect the Tenant?]
[3. Not changeable]
2. Is the estate changeable?
[1. Changeable regardless of the consequences]
[2. Only changed if you do not adversely affect the Tenant?]
[3. Not changeable]
4. Tenant's Guarantor
[Specify guarantor in notes]
5. Tenant’s Trading Name
[Specify trading name in notes]
6. Freehold or Superior Lease
[1. Landlord owns the freehold]
2. Superior Lessee
[Specify superior lessee in notes]