Lease agreement: pub or restaurant with flat over

This is a comprehensive lease for letting a pub or licensed restaurant with a flat or maisonette above for the tenant to live. The premises may be detached or connected. Features are: service charge provision; guarantor; break provision; rent review options; option for assignment; sub-letting not allowed; draft agreement for security deposit.

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About this lease

This lease is for a pub or restaurant with a flat over. The premises may be in an urban shop frontage, a stand-alone site or away in the country.

The lease is drawn for maximum protection of landlord’s interests. It is very thorough with many simple options where choices are possible.

Where relevant, the lease includes matters relating to licences and the Liquor Act 2003.

The lease has been drawn to prefer the interest of the landlord rather than the tenant.

The law relating to this 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

Document contents

This lease agreement is comprehensive, providing alternative choices for important decisions.

The contents include 27 provisions and 2 schedules covering:

  • rent: period, amount, other payments, interest on overdue rent, periodic review;
  • condition and repair;
  • tenant's positive obligations;
  • tenant's obligations for residential space;
  • service charge recovery;
  • restrictions on tenant: prohibited activities on the property;
  • signs and advertisements;
  • 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
Draftsman

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

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