Tenancy at Will for a Restaurant in a Parade or Shared Building
This Tenancy at Will for a Restaurant in a Parade or Shared Building should be used where a Landlord wishes to allow a Tenant to use restaurant premises in a multi-let building on a temporary basis. This might be because the parties are in the process of negotiating a formal lease or because the Landlord has other long-term plans for the premises and is happy for a Tenant to occupy them in the short term.
A Tenancy at Will does not have a fixed term. Instead, the arrangement continues until it is terminated by one of the parties. There is no notice period so termination happens with immediate effect. The Tenant has no security of tenure and can be required to leave the premises at any time.
Because a Tenancy at Will is a very short-term arrangement the document is very light on detail. If the arrangement is to last more than a few months a lease should be used instead.
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.
A definition of “Permitted Hours” can be included. This will be relevant if the restaurant is within a shopping centre with particular opening hours.
The “Rent” should include a charge for any services provided by the Landlord. There is no separate service charge. Provision of services is covered in Clause 4.
Clause 2 is the grant of the Tenancy at Will.
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 and 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). There are also covenants regarding the provision of facilities and services. As there is no service charge, the Rent should include a charge for any services provided by the Landlord.
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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