ABSTRACT

The Code for Leasing Business Premises is ten years old. It is the result of collaboration between a number of industry bodies and commercial property professionals. It is endorsed by, among others, the Law Society and the Royal Institution of Chartered Surveyors (RICS). Tenants should be permitted to assign the whole of the premises with consent, not to be unreasonably withheld or delayed. The Model Commercial Lease project which is considered further below was a more ambitious project aimed at providing a much more comprehensive set of standard documents. The leases themselves start with definitions and interpretation provisions, followed by demise, rent and term. The numbering of the sections maps against the ten sections of the landlord code with a further section for other issues to include statutory compliance with disability discrimination, environmental and health and safety requirements. In terms of lease negotiations, the Code recommends that the landlord makes offers in writing setting out the main terms.