Lease of Bare Land Template for the United Kingdom
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What is a Lease of Bare Land?
A lease of bare land is a written agreement granting a tenant exclusive possession of undeveloped land, with no buildings or structures included, for a fixed term in return for rent. It is commonly used for grazing, agricultural use, parking, storage, temporary works compounds, or leaving the land available for future development. The document sets out the permitted use, term, rent and the obligations of both parties. Because the land is bare, the agreement should be clear about what the tenant may and may not build or do on it.
Frequently Asked Questions
What is the difference between a lease and a licence for bare land?
A lease grants exclusive possession for a fixed term and usually creates an interest in the land, whereas a licence is only a personal permission to use it. The label used matters less than the substance, so a document called a licence may still be a lease if it grants exclusive possession.
Do I need to register a lease of bare land at HM Land Registry?
In England and Wales, leases granted for a term of more than seven years generally must be registered. Shorter leases are usually not registrable but may bind the land as overriding interests, so check the specific circumstances.
Should I contract out of the Landlord and Tenant Act 1954?
If the land is let for business purposes, a tenant may gain statutory rights to renew the lease unless the parties contract out following the correct notice and declaration procedure. Landlords who want the land back at the end of the term often prefer to contract out, but you should take advice on the process.
Can the tenant build on bare land?
Only if the lease permits it, and even then the tenant will usually need planning permission and any required landlord consent. The agreement should state clearly what structures, if any, are allowed and whether they must be removed at the end of the term.
Does this template apply across the whole of the UK?
The general principles are similar, but property and landlord and tenant law differ significantly in Scotland and Northern Ireland. You should confirm the position for the relevant jurisdiction before using the document.
About the Lease of Bare Land
A Lease of Bare Land usually covers the following.
- Parties and property description: Identifies the landlord and tenant and defines the exact extent of the land by reference to a plan and, where relevant, Land Registry title number.
- Term and renewal: States the length of the lease, the start date and any provisions for extension, break rights or holding over at the end of the term.
- Rent and review: Sets the rent, payment dates and method, together with any rent review mechanism and provisions for VAT and interest on late payment.
- Permitted use: Defines how the tenant may use the land and expressly prohibits uses such as unauthorised construction, waste tipping or activities that breach planning control.
- Repair, maintenance and boundaries: Allocates responsibility for keeping the land, fences, hedges and boundaries in good condition and for controlling weeds and vegetation.
- Alterations and works: Controls whether the tenant may erect any structures, fencing or hardstanding and whether landlord consent and planning permission are required.
- Insurance and liability: Requires the tenant to hold public liability cover and indemnify the landlord against claims arising from the tenant's use of the land.
- Assignment and subletting: States whether the tenant may transfer or share the lease and on what conditions the landlord's consent is needed.
- Termination and reinstatement: Sets out forfeiture rights, notice requirements and the tenant's obligation to remove items and return the land in its original condition.
GOVERNING LAW
Applicable law
This Lease of Bare Land is drafted to comply with United Kingdom law. Key legislation includes:
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