Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Pro-tenant playbook: permitting group companies and concessionaires to share occupation in leases of part, with preferred and fallback clauses to avoid security of tenure risks

Practice notes
imgtext

Introduction

This playbook sets out guidance on negotiating clauses that restrict disposing of or sharing possession or occupation under a lease of part within a larger property, for example an office block or a shopping centre (or a comparable retail setting), with the aim of making terms more favourable to the tenant (‘tenant-friendly’ or ‘pro-tenant’). It presents preferred wording, alternative fallbacks, and drafting commentary aligned with the interests of a prospective tenant. Practitioners acting for would-be tenants, together with in-house legal teams, can deploy this playbook and tailor it as required to reflect client-specific matters and to ensure the client’s position is comprehensively protected. The degree of risk flagged in the playbook may differ according to the client. Be aware that the playbook does not offer drafting for cases where the tenant holds a marked negotiating edge (eg where the tenant is an anchor tenant). This document forms part of a suite of pro-tenant playbooks. For details of the other playbooks in the suite, and for additional materials relevant to commercial tenancies, please consult the Commercial tenancies subtopic for reference...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow