What is a head lease agreement?

A headlease is the primary lease that is signed between a tenant and a property manager. The tenant, or head lessee, is contractually responsible for the terms of the lease, and in most lease agreements, they have the ability to sublease the space if they so wish.

What is a head leasehold title?

A ‘head leaseholder’ will be the leaseholder with the longest lease, who has leased your flat to you and who pays ground rent to the freeholder. Right-to-manage company: The right to manage is a way for leaseholders of a building to take over managing that building.

What happens when a head lease expires?

What happens to an underlease when the headlease ends? If the headlease is forfeited because the tenant has breached its terms, the underlease will end automatically. It may impose an obligation on the undertenant to pay the tenant’s arrears as a condition of relief.

How do head leases work?

A Head Lease is a Lease to an entity that will subsequently grant leases to sub-lessees who will be tenants in possession. It sets out the promises the Landlord has made to his Superior Landlord. The promises contained in this Head Lease will bind the Tenant if he has prior knowledge of those promises.

What is a head lease Canada?

The Head Lease is the master document governing use of the land and sets out the obligations of the developer. The rent under a Head Lease is usually lump sum and prepaid. The term is typically 99 years, although in some circumstances the parties may choose to use a 49 year term.

What is the purpose of a head lease?

What is the difference between head lease and freehold?

May also be the Landlord. Freehold Company – a company that owns the freehold, the shares in which are usually owned by the leaseholders. Head Lessor – the landlord may grant a lease of the whole building to a party (company or individual) who then grants ‘under leases’ to the leaseholders of individual flats.

What is the difference between a sublease and an Underlease?

As nouns the difference between underlease and sublease is that underlease is (legal) a lease granted by a tenant or lessee; a sublease while sublease is a lease on something made by someone who already leases it.

Who owns a Headlease?

As a result, the owner of the headlease is the ‘immediate landlord’ of the flat owner.

What is the legal definition of a head lease?

Headlease Law and Legal Definition. A headlease is the original lease between a tenant and a landlord. In such a lease, the overall contractual responsibility is given to one identifiable tenant called the head lessee. It is a primary lease under which subleases have been granted.

Can a headlease be granted to an individual?

Out of this headlease subleases are granted. The common scenario is a headlease over a building containing flats which in turn grants subleases to individual flats in a building. LEASE is governed by a board, appointed as individuals by the Secretary of State for the Ministry of Housing, Communities & Local Government.

What can a head lessee negotiate with a landlord?

The head lessee has the ability to negotiate directly with the landlord, which provides more flexibility when it comes to long-term planning such as lease renewals, expansion rights and the leasing term. Expansion options should be negotiated prior to signing of the lease.

What are the representations and warranties in a head lease agreement?

The representations and warranties of the parties in this Head Lease Agreement were made to, and solely for the benefit of, the other parties to this Head Lease Agreement.