Pre-lease due dilligence
Practitioners will be familiar with general conveyancing pre -contract due diligence and the necessity to review Replies to Requisitions on title and raise appropriate rejoinders precontract. The same principles apply to pre-lease diligence. Typically, the draft lease will be accompanied by pre-populated replies to pre-lease enquiries, together with:
- evidence of landlord’s title;
- a planning and building regulations compliance pack;
- construction documentation (where relevant);
- service charge accounts/budget for multi-lets;
- buildings insurance details; and
- perhaps premises/transaction specific information or details including, for example, a specimen landlord’s licence for tenant’s fit out or premises modification works.
The Law Society first produced a specimen set of pre lease enquiries in 1991. The Landlord and Tenant Task force of the Conveyancing Committee is now taking the opportunity to update the specimen enquiries and an updated version accompanies this guidance memorandum for the profession.
Precedent download
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