Lease for Pop-Up Restaurant in Self-Contained Premises
This Lease for Pop-Up Restaurant in Self-Contained Premises should be used where a Landlord wishes to allow a Tenant to use premises as a restaurant or cafe on a short-term basis. This can allow the tenant to try out a new food business or to meet seasonal demand for certain types of food and drink.
With pop-up leases, the idea is to get the Tenant in and trading as quickly as possible. The legal documentation is therefore much shorter than a standard commercial lease and just covers the basics: rent, rates, use, termination. There is no service charge so if any services or facilities are provided by the Landlord the cost of these must be included in the rent.
To avoid the Tenant obtaining security of tenure (the right of business tenants to remain in occupation of premises after the expiry of a lease), this Lease should only be used for a term of 6 months or less and the Tenant should not be allowed to remain in the space once the Lease term has expired. If the Tenant is to continue using the space after the term has expired, one of our Short Lease templates should be used instead.
A new Tenant is likely to want to fit-out the restaurant or café premises before it starts trading. Our Fit-Out Consent Letter can be used to give the Landlord’s consent.
Clause 1 contains the definitions. The definition of Premises makes optional reference to a plan. It is recommended that a plan is included, showing the Premises edged red, so that the extent of the Premises is clear.
Clause 2 is the grant of the Lease.
Clause 3 contains the Tenant’s covenants. These cover payment of rent and other outgoings, use, alterations, alienation (no assignment is permitted) and the Landlord’s right of entry as well as health, hygiene and licensing issues.
Clause 4 contains a covenant by the Landlord to allow the Tenant to access the Premises via the Landlord’s adjoining land (if necessary).
Clause 5 contains optional termination rights (break clauses) for both Landlord and Tenant. Clause 6 is a standard forfeiture clause for non-payment of rent or breach of covenant by the Tenant.
Clause 7 contains standard lease clauses including a provision regarding service of notices.
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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