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Restaurant lease  

Doc Ref. EN-PRle11
With Free Guidance Notes
Drawn by: Net Lawman
Format available: word-small
Word count: 6975

This letting agreement is for a property that has a commercial kitchen. Most commonly, this lease would be used for a restaurant, cafe, delicatessen or fast food outlet. The lease allows for the property to have space used for other business purposes as well such as offices above. Features: short term: 1 to 7 years; guarantor; break provision; rent review options; option for assignment; sub-letting not allowed; ss 24-28 opt-out; draft agreement for security deposit; schedule covering kitchen and cooking equipment.

 
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About this restaurant lease

This agreement should be used to let a food retail unit such as a restaurant, cafe, delicatessen, or fast food outlet. It may be part of a parade of other shops owned by other landlords, or it may be stand-alone. Of importance, since there are no service charge recovery provisions, is that the restaurant should not share services or facilities with neighbouring units.

The restaurant or cafe may have additional space used by the tenant for other business purposes, such as offices or storage. This lease does not cover additional space used for residential use by the tenant, although Net Lawman does provide one that does (see below).

The document has been drawn to help protect the landlord's interests as greatly as possible.

This lease does not need to be registered at the Land Registry as it is for a short term of 7 years or under.

Similar commercial lease agreements

If the property will be used as a standard shop, use Shop lease: single retail unit or Business lease: shop in parade. The latter contains service charge recovery provisions.

If the tenant will also live at the property, use Mixed use lease: shop in parade with residential space.

Key features

Plain English is used throughout except where it is necessary to use legal terms common in this field of law.

The key features of this business lease can be summarised as:

  • term of 7 years or under (often called a short term lease)
  • standard guarantor
  • options for transfer or assignment to another party
  • sub-letting forbidden
  • option to include a break clause for premature termination by the tenant
  • a choice of options for rent reviews
  • opt-out of Sections 24-28 of the Landlord and Tenant Act 1954
  • schedule covering use of a commercial kitchen

This document has been drawn so as to make it applicable to the vast majority of leasing scenarios for restaurants and cafes without making it difficult to edit. We sell a similar version of this lease for more general retail properties, aimed at developers, solicitors and surveyors, that contains some additional paragraphs covering more technical points. You might be interested in looking at: Commercial property lease: retail unit or shop if you need any of the following:

  • provisions for sub-letting
  • provisions for an authorised guarantee agreement
  • extensive landlord's warranties
  • references to land registration for leases with a term greater than 7 years
  • prescribed lease clauses

The law in this restaurant lease

Commercial lease law is regulated primarily by the Landlord and Tenant Act 1954, amended many times. Account has also been taken of:

  • the Landlord and Tenant (Covenants) Act 1995;
  • the Regulatory Reform Regulations 2003;
  • the Joint Committee's Code for Leasing Business Premises;
  • the RICS' Code on Service Charges.

In balancing the codes with the law and the interest of the Landlord, we have followed the codes where reasonable, but have preferred the interest of the Landlord where there may be a difference.

Document contents

This restaurant lease is comprehensive, providing alternative choices for important decisions. The contents include 24 provisions and 3 schedules covering:

  • rent: period, amount, other payments, interest on overdue rent, periodic review
  • condition and repair
  • tenant's positive obligations
  • restrictions on tenant: prohibited activities on the property
  • signs and advertisements
  • assignment of the lease
  • indemnities by the tenant
  • security deposit
  • insurance
  • access for landlord
  • guarantor
  • termination: default notice by landlord; provision for premature termination (a break clause)
  • forfeiture
  • security of tenure excluded
  • Schedule 1: rights reserved
  • Schedule 2: draft agreement for a security deposit
  • Schedule 2: kitchen and cooking equipment

Reasons to buy from Net Lawman

Full money back guarantee – buy with confidence
This document comes with a no questions asked full money back guarantee. You take no risk that it might not be right. Once you buy it, we’ll give you 30 days to evaluate it in any way you want. If for any reason you’re not happy, just e-mail us and we’ll refund your money in full immediately.

Guidance notes included
We have provided over 3,500 words (8 pages) of extensive, pithy guidance notes to help you complete your business property lease. These notes ensure that you don’t need to be a lawyer to understand how to edit the document.

Minimal editing required
This document has been drawn using a technique whereby you can easily remove what you do not need from the template, without affecting the remaining structure.

Plain language minimises future disagreements
Your agreement is real law written in plain language that all parties will understand.

Buy once and use for multiple tenants and multiple properties
You can use the lease contract for multiple tenants and for different properties. Just create a new version from the master version you download.

Delivered straight to your inbox
As soon as you complete the secure checkout process, we will send your commercial property lease straight to your inbox. We will also keep a copy for you for 60 days in our customer area so you can access it even when you are away from your e-mail.

Still unsure whether this is the right document for you?
If you are unsure whether this restaurant lease is suitable for your particular circumstances, then you have two options. The first is to buy now, evaluate the template, and use the 30 day, full money back guarantee to obtain a refund if it isn’t suitable. You take no risk in seeing the agreement. The second option is to contact us and ask. We aim to respond to your question within 24 hours.

 
Draftsman
This document is drawn and maintained by Net Lawman. It is real law in plain English.

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