|
Prescribed leases - definitions |
|
|
The introduction of prescribed clauses may well result in draftsmen
starting to use the standard terms within prescribed clauses as the
terms used within their standard leases. For instance, the prescribed
clauses use the words ‘landlord’ and ‘tenant’, and it may be that ‘lessor’
and ‘lessee’ may disappear in time, so as not to be at odds with the
main body of the lease.
Likewise, the prescribed clauses use the word
‘property’ (in the singular), and so practitioners who use the word
‘premises’ (in the plural) will need to check their leases to make sure
the definitions do flow through and that the drafting makes sense.
Where there is the choice of cross-referencing or inserting the relevant
provision in the prescribed clause itself, practitioners should do one or
the other – not combine the two approaches. Having said that, it may
sometimes be useful to combine them (eg by referring to the property address in prescribed clause LR4 as ‘23 Acacia Avenue, Fulchester, as
more particularly described in clause 1.1’). It may sometimes be
necessary to have a chain of cross-references (eg using the previous
scenario, where the definition of property in clause 1.1 refers to, say,
Sched 1 of the lease). In those cases, referring to the start of the chain
(ie clause 1.1) in the prescribed lease should suffice, although the
longer the chain, the greater the scope for errors in registration. In short,
use the introduction of prescribed leases terminology as an opportunity
to revise your standard precedents to make sure that there is a
consistency of terminology and definitions are logical and
comprehensible. See note from Wragge & Co in [2006] NLJ 225.
|
|
March 2006 |
