Commercial Lease Option To Buy Template for England and Wales

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Key Requirements PROMPT example:

Commercial Lease Option To Buy

"Need a Commercial Lease Option To Buy agreement for a retail warehouse in Manchester with a 5-year lease term starting March 2025, and an option to purchase the property at £2.5M exercisable after year 3."

Document background
The Commercial Lease Option To Buy agreement is utilized when parties wish to establish a commercial tenancy while providing the tenant with a future opportunity to purchase the property. This arrangement, governed by English and Welsh law, offers businesses flexibility in their property strategy, allowing them to test a location or build up capital before committing to a purchase. The document typically includes comprehensive lease terms, purchase price mechanisms, option exercise procedures, and completion requirements. It's particularly valuable for businesses seeking to establish operations with a view to eventual ownership, or for landlords looking to secure long-term occupants with a potential exit strategy.
Suggested Sections

1. Parties: Identification of landlord and tenant, including registered addresses and company numbers if applicable

2. Background: Context of the agreement and brief description of the property

3. Definitions: Key terms used throughout the document including Property, Option Period, Purchase Price, Completion Date

4. Grant of Lease: Terms of the lease including duration, rent, and permitted use

5. Option to Purchase: Details of the option, including exercise period, purchase price mechanism, and exercise procedure

6. Exercise of Option: Process and requirements for exercising the option to buy

7. Completion Requirements: Obligations of both parties upon exercise of the option

Optional Sections

1. Break Clause: Early termination provisions - used when parties want flexibility to end the lease early

2. Rent Review: Provisions for adjusting rent during the lease term - used for longer lease terms where rent adjustment might be needed

3. Service Charge: Provisions for shared services and maintenance - used when property is part of larger building or estate

4. Assignment and Subletting: Rights to transfer the lease or sublet - used when tenant might need flexibility to transfer rights

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including plans and measurements

2. Lease Terms Schedule: Full detail of lease covenants and conditions

3. State of Repair Schedule: Schedule of condition at lease commencement

4. Option Notice Form: Template form for exercising the option

5. Land Registry Plans: Official plans suitable for registration

6. Service Charge Schedule: Breakdown of service charges and calculation method

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Core legislation governing land law in England and Wales, covering requirements for land contracts, legal estates and interests in land, and requirements for written contracts

Landlord and Tenant Act 1954: Key legislation governing commercial tenancies, including security of tenure provisions, contracting out procedures, and renewal rights

Law of Property (Miscellaneous Provisions) Act 1989: Contains Section 2 requirements for contracts for sale of land and formal requirements for written contracts

Land Registration Act 2002: Governs the registration of land in England and Wales, including registration requirements and priority of interests

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of contracts, including property contracts

Value Added Tax Act 1994: Legislation governing VAT treatment of commercial property transactions

Common Law Principles: Established legal principles regarding option agreements, contract formation, and specific performance

Professional Regulations: Including RICS guidelines and Law Society protocols for property transactions

Environmental Protection Act 1990: Key environmental legislation affecting commercial property transactions and usage

Building Act 1984: Legislation governing building regulations and safety requirements for commercial properties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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