Agreements for lease

An agreement for lease is required if the landlord and tenant cannot immediately enter into the lease itself, but need to know that the other party is contractually obliged to do so on the agreed terms at the relevant point in the future—see Q&A: When do you need an agreement for lease?

An agreement for the grant of a lease on a future date may be unconditional or it may be conditional on the satisfaction of one or more prior requirements.

For an unconditional agreement for lease, see Precedent: Agreement for lease—Unconditional.

Common situations where parties might use a conditional agreement for lease include:

1. •

   when major building works are to be carried out on the site (see Precedent: Agreement for lease—developer landlord to carry out major works incorporating the Standard Commercial Property Conditions (Third Edition))

2. •

   when some other obstacle to the grant of the lease needs to be dealt with (see Precedent: Agreement for lease—Conditional), such as:

   1. ◦

      the landlord obtaining superior landlord's consent

   2. ◦

      the landlord securing vacant possession of the premises from an existing tenant

   3. ◦

      the tenant obtaining