The draft lease should be prepared by the landlord’s solicitor. Usually, conveyancing firms shall use their own precedents or rely on other precedents to draft a lease. Both of these are usually available in a word-processable file.
Although the precedent is a useful starting point, necessary modifications should be added so as to meet the circumstances pertinent to the case at hand. The contents of the precedent should be read carefully. Just because the precedent is available in a well know publication series does not mean that it shall be free from errors and inconsistencies. Sometimes, it may not be updated to include recent legislations or case law developments. Sometimes, one precedent can be combined with another.
The landlord’s solicitor should be protected, but not to an extent that it is too restrictive for the tenant. Harsh terms can have a negative effect on rent review.
Photo courtesy: Paul Schultz
