Landlord Waiver Template for England and Wales

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Key Requirements PROMPT example:

Landlord Waiver

"Need a Landlord Waiver for our London warehouse property at 123 Industrial Way, where our bank requires priority over our manufacturing equipment for a new £2M credit facility starting March 2025."

Document background
The Landlord Waiver is essential in commercial financing transactions under English and Welsh law where a tenant seeks to use their business assets as collateral for loans. Without this document, a landlord's statutory rights could interfere with a lender's security interest in the tenant's property. The waiver typically specifies which rights the landlord is surrendering, establishes procedures for lender access to the premises, and defines notice requirements. It's particularly crucial in scenarios involving inventory financing, equipment leasing, or other asset-based lending arrangements where the tenant's collateral is located on the landlord's premises.
Suggested Sections

1. Parties: Identifies the landlord, tenant, and lender involved in the waiver agreement

2. Background: Sets out the context of the lease, security arrangements, and reason for the waiver

3. Definitions: Defines key terms used throughout the document including Property, Lease, Security Interest, etc.

4. Rights Being Waived: Details specific landlord rights being waived including distraint/CRAR rights and priority claims

5. Duration: Specifies the period for which the waiver remains effective

6. Notice Requirements: Sets out notice obligations between all parties

Optional Sections

1. Access Rights: Optional section detailing lender's rights to access property for collateral inspection

2. Subordination Provisions: Used when there's a need to establish priority between different security interests

3. Insurance Requirements: Include when specific insurance arrangements need to be documented

4. Default Procedures: Sets out specific procedures in case of default, when required by lender

5. Restoration Obligations: Used when specific requirements for property restoration after lender access are needed

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property and premises subject to the waiver

2. Schedule 2 - Collateral Description: Detailed description of tenant's property/assets covered by the waiver

3. Schedule 3 - Notice Details: Contact information and notice procedures for all parties

4. Schedule 4 - Lease Details: Details of the underlying lease agreement including date and parties

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 property rights and interests, defining landlord's rights over tenant's property and addressing the nature of security interests in property

The Commercial Rent (Coronavirus) Act 2022: Recent legislation affecting landlord-tenant relationships that could impact the scope of waivers

Common Law Principles on Distress/CRAR: Legal principles governing landlord's right to seize tenant's goods for unpaid rent, relevant when waiving rights over tenant's property

Insolvency Act 1986: Legislation important when the waiver relates to secured lending, impacting creditor rights and priorities

Companies Act 2006: Key legislation for corporate tenants and requirements for execution of documents

Bills of Sale Acts 1878 and 1882: Historical legislation relevant when dealing with personal property as security

Enterprise Act 2002: Contains provisions affecting security arrangements and enforcement

Land Registration Act 2002: Legislation relevant if the waiver needs to be registered

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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