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Contracting out – T’s identity unknown |
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Suppose a potential L is going to enter into an option agreement under which the other side can call for a lease to be granted to itself, or to its nominee. That lease will be contracted out of the security of tenure provisions in LTA 1954. But, how can L serve a valid notice under LTA 1954 when it does not know the identity of T?
As a note in practicallaw.com points out, there is no perfect way of dealing with this sort of situation. Suggestions include: provide that only the main company may take the lease, but allow for the lease to be assigned to a group company (or other limited tool of assignees) with minimal requirement; or grant the option to the main company, but allow it to assign the benefit of the option; or make service of the option notice subject to pre-conditions (eg the main company providing the identity of the intended T no less than four weeks before serving the option notice). Needless to say, each suggestion has its own disadvantages but for a full discussion see www.praticallaw.com (subscription service).
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February 2011 |