Rights granted to the tenant Print

The tenant will usually need rights to use other areas not included in the lease, to get to and from the Property. These must be expressly set out in the lease. If there is no right granted, the tenant will be trespassing. The exact rights needed will depend on the position of the Property and what it will be used for but a typical lease would grant rights in relation to

  • access roads
  • utilities
  • common areas, such as entrance lobbies, stairs and lifts
  • car parking
  • servicing/delivery areas

The tenant may also need rights to do specific things on the Property, such as putting up signs or fixing air conditioning or telecoms equipment to the outside of the building. Section 134(2) Communications Act 2003 means a landlord cannot unreasonably refuse consent where a tenant wants to do something relating to an “electronic communications matter”. This is a wide definition but it does not apply to areas outside the let property, so the tenant will still need express rights.

December 2005
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