- Finalise a Heads of Terms agreement which includes the following issues:-
- Accurate and FULL Names and Addresses of all parties;
- Accurate and FULL Names and Addresses of all parties’ solicitors;
- Full details of the premise to be let;
- Start date – End date (provisional);
- Term;
- Rent & Rent Reviews;
- Right of renewal (Landlord & Tenant Act inclusion OR exclusion);
- Repairs;
- Sub Letting (Alienation);
- Service Charges;
- Insurance Charges;
- Use;
- Any important issues: – E.g. Planning, Parking, Guarantees etc.
- Each party to agree a list of tasks by a finalisation date;
- Agree plans and a schedule of condition of the building;
- Seek early approval of any signage or alterations;
- Request some documents at an early stage:-
- Land Registry Office copies and Plans (subject to relevant period of protection);
- Consent of any lender / mortgagee;
- Company searches;
- Credit searches;
- Relevant accounts;
- Environmental Protection Certificates;
- Asbestos reports;
- Tenant should calculate Stamp Duty Land Tax & VAT costs;
- If subject to break clause – pre agree wording of the Notice to Quit;
- On receipt of the Lease read in detail the sections which are listed in the Heads of Term;
- On reading each clause imagine the worst happens and jot down what you can do to remove – transfer – limit – insure against the risk or cost;
- Lease over 7 years must be registered with the Land Registry.