Many issues arise out of leases and the needs and expectations of landlord and tenant are rarely the same. An option for a lease may be needed and in drafting an option we need to contemplate the terms of the lease just as much as if the lease were being entered in to straight away. Similar care needs to be taken when considering a Licence for Works or Alterations as both landlord and tenant need certainty.
Devine Law makes the issues clear and expert drafting will achieve the objectives of the client.
Landlord and Tenant
The landlord expects to let his property on his terms and the lease needs to achieve this without undue compromise. The right to recover the property at a specific point in time may be crucial for many reasons and the points relevant to any assignment or under-letting of the lease need to be clear and unambiguous. Having a guarantor of the leasehold obligations might be an important factor and the landlord will need to be satisfied with the obligations placed upon the tenant for repairs and reinstatement of works. The owner does not want to find that a tenant can challenge terms that were intended to be incontestable and Devine Law will work with the landlord to ensure that there is no room for argument.
The tenant similarly needs expert guidance. Is a short term lease important or is a break clause required? Is a Schedule of Condition required and what sort of repairing obligations will be imposed? A well drawn lease will protect the tenant and ensure that there are no nasty surprises during the lease or at the end of the term.