Agreement for Lease with Landlord’s Works
This Agreement for Lease with Landlord’s Works should be used where a Landlord and Tenant are going to enter into a Lease of Commercial Property once the Landlord has carried out some building works. The Agreement for Lease commits the parties to entering into the Lease once the Works have been completed.
We have other template Agreements for Lease for different scenarios including Unconditional, Conditional on Consent to Underlet and Conditional on Change of Use.
The form of Lease must be agreed and a copy of it attached to the Agreement before the Agreement is signed. Plans, specifications and drawings showing the Landlord’s Works also need to be agreed and annexed to the Agreement.
The Agreement refers to various dates. The Target Date is the date by which the Works should be complete. If they are not complete by the Longstop Date the Tenant may terminate the Agreement (and the Lease will not be granted). The Completion Date, when the Lease is completed, is five working days after practical completion of the Works.
Clause 1 contains the agreement to enter into the lease on the Completion Date, assuming the Works have been completed. The Agreement is personal to the Tenant (i.e. the benefit cannot be assigned to another person). If the Landlord sold the Property, the Agreement would be binding on the buyer (i.e. the buyer would have to grant the Lease to the Tenant).
Clause 2 incorporates the Standard Commercial Property Conditions (Third Edition) in the Agreement. These Conditions are widely used in Commercial Property transactions (and are similar to the Standard Conditions of Sale used for residential conveyancing). A copy of the Standard Conditions is available from the Oyez legal stationers website. Unfortunately we are not able to supply the Standard Conditions.
Clause 3 contains provisions relating to the Works, including the timescale for completing them and arrangements for the issue of a certificate of practical completion.
Clause 4 deals with completion of the Lease and sets out any payments the Tenant must make, for example the first instalment of rent.
Clause 5 covers exclusion of security of tenure. If the Lease is to be granted without security of tenure, the exclusion procedure must be completed before the Agreement for Lease is entered into. More information is available in the Guidance on Excluding Security of Tenure and the associated forms.
Clause 6 relates to VAT. It requires the Tenant to pay any VAT that is chargeable on the rent.
Clause 7 contains standard legal wording including a clause about notices.
The Agreement needs to be signed by each party at the end. The Landlord and Tenant may sign the same copy or one copy each.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Agreement for Lease with Landlord’s Works is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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