Business lease: land, vacant or with plant or buildings

A lease of land for any business use, for example, plant or equipment storage or a scrap yard. The lease provides for use of any buildings and/or items of plant on the property. Features: guarantor; break provision; rent review options; options for assignment and sub-letting; draft agreement for security deposit.

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About this land lease

This land lease is for letting land that may or may not include buildings or items of plant and machinery. The property could be used for any purpose, from plant or equipment storage, to a scrap yard, to a garden centre or timber yard or farmers’ marketplace.

This is a professionally drawn, very comprehensive lease with massive legal protection for the landlord including a long menu of “do’s” and “don’ts”.

This lease is not a compromise between the interests of the parties. It prefers the landlord’s interest. We think that is the best start point. If you wish to make concessions to your tenant, that is fine, but we want you have those choices.

It includes service charge provisions to provide 100% recovery of service costs.

Similar lease agreements

We offer a different version of this lease for letting a car park or lorry park. See: Car park lease agreement.

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 agreement can be summarised as:

  • 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

The law in this land lease

Business lease law is regulated primarily by the Lease of Land Act 1969. If the term of this lease is longer than ten years it must be registered at the Deed Registry Office at:

http://www.deeds.gov.za/ITSODeedsWebB/deedsweb/welcome.jsp

Land lease contents

This template is comprehensive, providing alternative choices for important decisions.

The contents include 25 main provisions and 2 schedules covering:

  • rent: 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
  • goods and vehicles
  • 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
  • Schedule 1: rights reserved
  • Schedule 2: draft agreement for a security deposit agreement
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current South Africa law.

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