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Commercial Lease Code 2007

The third edition of the Commercial Lease Code was launched on 28 March 2007.

Under the collective branding of Leasing Business Premises, there are three documents in the lease code suite:

Landlord Code

Occupier Guide

Model Heads of Terms

The full suite of documents

More details can also be found on the official Leasing Business Premises website:

www.leasingbusinesspremises.co.uk

The Landlord Code remains voluntary, but we are strongly advising that members should follow it wherever possible. Where members aren't following particular requirements in the code instructions, they should state that they are not following the code requirement and should explain the reason why.

Please pledge your support for the new Landlord Code

We have asked members to support the 2007 code in a number of ways, and to pledge that support by completing the following proforma - and either posting it back to us at BPF, 1 Warwick Row, 7th Floor, London, SW1E 5ER, or faxing it to 020 7834 3442.

Pledge proforma

Landlords

Landlords are asked to:

1. pledge to follow the code
2. adjust their standard lease terms so that they are code-compliant.
   
   Additionally, landlords are asked to promote the code by:
3. ensuring that prospective tenants are made aware of the code by giving their agents and lawyers specific instructions to do this
4. making the following reference to it in their letting particulars -
   Small business? For free help on negotiating a lease see www.leasingbusinesspremises.co.uk
5. putting the following wording on their letting advertisement boards -
   Follow the www.commercialleasecode.co.uk.

Pledges of support:

Pledges of support from landlords

Lawyers and agents

We are keen to encourage lawyers and agents to make prospective tenants aware of the code in all their dealings, taking a proactive approach. We would like professional firms to stress to their landlord clients that they will promote the code to prospective tenants, unless instructed otherwise, rather than the contrary approach of only promoting the code where the landlord has initiated instructions to do this.

Pledges of support:

Pledges of support from law firms and agents who have agreed to proactively promote the code

Banks and other funders

We are asking banks and other funders to ensure that any lending terms to landlords do not prevent them from abiding by the code.

Pledges of support from banks and other funders who have agreed to ensure that their lending terms do not prevent landlords from abiding by the code can be found here:

Pledges of support:

Pledges of support from banks and other funders

Additional help

Members implementing adoption of the code may find the following document useful. Helpfully produced by Lovells, it summarises the major differences between the 2002 and 2007 codes.

The major differences between the 2002 and 2007 codes.

You may also find this standard code-consistent lease helpful.

http://property.practicallaw.com/4-242-0040

Accreditation

We are also developing a simple accreditation scheme for landlords. This will award a 'standard' mark to those landlords, members and non-members, that agree to abide by the following set of five simple rules:

• At the earliest possible stages of negotiations make all prospective occupiers aware that they are a member of the scheme and provide them with the scheme postcard, or alternatively where they have access, refer them to the scheme website.
• Provide any prospective small business occupier with the Leasing Business Premises : Occupier Guide and Model Heads of Terms.
• Communicate to the tenant which, if any, of the scheme requirements the landlord is unable to fulfil, and explain to the tenant why this is the case.
• Have a written procedure for dealing with complaints, which is given to each tenant at the start of negotiations. It must explain how the complaint should be made, how and by whom it will be considered and how long it will take. The point of contact for making complaints must be with the landlord and not an agent.
• Abide by the Commercial Lease Code 2007 - Leasing Business Premises - in its entirety.

We will be advising shortly on how to join the scheme, which will be open to BPF members and non-members, with details on the Commercial Landlords Accreditation Scheme (CLAS) website.