Lease of Open Air Car Park
This Lease of Open Air Car Park should be used to grant a lease of bare land to a Tenant who wishes to use the land as a car park for business purposes. The car park could be for the use of the Tenant and their staff or it may be operated as a commercial car park for members of the public.
There are no rent review provisions in this lease so its term should not exceed five years. The Tenant’s right to security of tenure is excluded. Assignment of the whole of the lease is permitted but underletting is prohibited. There are optional break clauses for both Landlord and Tenant.
This lease has Land Registry Prescribed Clauses at the beginning. These are not strictly necessary for a lease with a term of less than 7 years but they are included as they helpfully record the main terms.
Prescribed Clause LR3 includes a field for an optional Guarantor. If there is no Guarantor, this field can be left blank and Clause 10 (Guarantor’s covenant) should be deleted.
Prescribed Clause LR4 makes optional reference to a plan. It is strongly recommended that a plan is included so that the extent of the property is clear. The plan should as a minimum show with red edging the property that is being leased to the Tenant. The plan may also need to show the areas (if any) over which rights are granted to the Tenant in the First Schedule to the lease if these areas cannot be adequately described in words.
In Clause 2 the Landlord grants the lease to the Tenant. The Tenant must pay the Rent.
Clause 3 contains the Tenant’s covenants. These cover matters such as payment of utilities charges, repair, safety, the Landlord’s rights of entry, use, alterations, alienation (assignment and underletting), indemnity and payment of Landlord’s costs.
Clause 4 contains the Landlord’s covenant for quiet enjoyment (the Tenant’s right to use the Premises without interference from the Landlord).
Clause 5 contains various standard lease clauses including forfeiture.
Clause 6 deals with service of notices by the Landlord and Tenant and incorporates section 196 of the Law of Property Act 1925. This means that notices should be delivered by hand or sent by recorded or special delivery post. If the notice is sent by recorded or special delivery post, service is deemed to occur at the time at which the letter would “in the ordinary course” be delivered.
Clauses 7 and 8 contain optional break clauses (termination rights) for the Landlord and Tenant. These clauses should be amended or deleted as appropriate. The Tenant’s break option is conditional on rent have been paid up to date, the Tenant giving up possession of the Premises (i.e. vacating) and the Tenant not leaving any underleases in place. If these conditions are not satisfied, the Tenant’s break will not be effective and the lease will continue. If the Tenant is in breach of other terms of the lease, e.g. necessary repairs have not been carried out, the break will be effective but the Landlord will retain the right to sue the Tenant for any breaches of the lease.
Clause 9 deals with exclusion of security of tenure. Reference should be made to the Guidance on Excluding Security of Tenure and the associated forms.
The lease must be executed as a deed. Various types of execution clauses are included and the parties should choose the appropriate clauses.
The First Schedule sets out the rights that the Tenant has to use other property. These rights should be checked carefully and amended or deleted to suit the circumstances.
The Second Schedule sets out the rights that the Landlord has in respect of the Premises, including rights of entry and the right to carry out work to neighbouring property. If any additional rights are required they should be added to the Second Schedule.
The Third Schedule has a set of regulations the Tenant must comply with. Under Clause 3.1.26 the Landlord has the right to make further regulations from time to time for the better management and control of the Premises.
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.
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