Preliminary Lease Agreement Template for England and Wales

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Key Requirements PROMPT example:

Preliminary Lease Agreement

"I need a Preliminary Lease Agreement for a retail unit in Manchester city centre, with a planned lease term of 10 years starting March 2025, including break clauses at years 3 and 5, and provisions for substantial fit-out works before occupation."

Document background
The Preliminary Lease Agreement is commonly used in England and Wales when parties wish to secure basic terms of a lease arrangement while finalizing detailed negotiations. This document typically precedes the formal lease agreement and includes essential information about the property, proposed rental terms, duration, and any specific conditions that must be met before the formal lease can commence. It provides security for both parties during the negotiation phase and helps prevent either party from withdrawing without valid reason. The agreement is particularly useful in commercial property transactions where detailed due diligence and fit-out works may be required before the formal lease can be executed.
Suggested Sections

1. Parties: Details of the landlord and tenant

2. Background: Context and purpose of the preliminary lease agreement

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the premises to be leased

5. Term: Duration of the proposed lease

6. Rent: Proposed rental amount and payment terms

7. Conditions Precedent: Conditions that must be satisfied before the lease becomes effective

Optional Sections

1. Break Clause: Option to terminate early - used when parties want flexibility to end the lease before its natural expiration

2. Rent Review: Provisions for adjusting rent - typically included for longer-term leases

3. Service Charge: Additional charges for services - included for multi-tenant buildings or when services are provided

4. Assignment and Subletting: Rights to transfer the lease - included when transfer rights are to be negotiated

Suggested Schedules

1. Floor Plans: Drawings showing the premises and their boundaries

2. Condition Schedule: Schedule documenting the current state of the property

3. Service Charge Schedule: Detailed breakdown of service charges and their calculation methodology

4. Fitting Out Specification: Details of any permitted alterations or improvements to the premises

5. Rights and Reservations: Schedule of specific rights granted to the tenant and those reserved by the landlord

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing fundamental property law principles and requirements for legal estates and interests in land in England and Wales

Landlord and Tenant Act 1954: Key legislation covering security of tenure provisions for commercial leases and procedures for renewal/termination

Landlord and Tenant (Covenants) Act 1995: Legislation governing assignment of leases and guarantor obligations in lease agreements

Land Registration Act 2002: Legislation setting out requirements for registration and priority of interests in land

Housing Act 1988: Legislation governing assured and assured shorthold tenancies for residential properties

Rent Act 1977: Legislation covering rent regulation aspects and tenant protection measures

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant when dealing with residential tenants

RICS Professional Standards: Professional standards and guidelines set by the Royal Institution of Chartered Surveyors for property professionals

Code for Leasing Business Premises: Industry code of practice providing guidance on commercial lease negotiations and terms

Energy Performance Certificate Requirements: Regulatory requirements for providing energy performance certificates in property transactions

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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