Premises may not be lawfully used?

[RSQ]

Hi

I am in the process of opening up a small cafe. I have great concerns regarding one of the clauses within the lease. This is as follows:

“The Landlord does not give warranty or representation that the premises may lawfully be used for the use permitted under the terms of the lease”.

Although the landlord have accepted our business proposal for trading as a food outlet, the above clause does not appear to allow me to trade lawfully. Am I correct in assuming this?

I would be very grateful if you could advice on the above.

Thank you

[MrShed]

It strikes me more as a "get out of responsibility free card". I THINK, and this is just my opinion, that it is for the landlord to absolve himself of responsibility were you to trade illegally, because of some other law. Not to declare you trading illegally. You see what I mean? I could of course be talking crap, but this is what it seems to me.

[Editor]

By including this clause in the lease the landlord is merely stating that just because the landlord is happy to allow this proposed use, the tenant should not rely on this because the local authority may not agree!
This is a perfectly reasonable stance as it is up to the tenant to satisfy him/herself that the premises have the proper planning approval for a particular use before taking on the tenancy.
If the building has established use in this class then it is unlikey planning approval would be withheld, but it is not the landlord's responsibility.

[RSQ]

Thank you for your reply.

I would be grateful if you could assist further with regard to this clause.

I've obtained and provided Building Regulations to the landlord, approved by the Council. The landlord has A3 planning permission, then surely the landlord should provide the tenant a certain degree of warranty for using the premises lawfully.

Do you think the clause is too vague, which may cause problems in the long-term?

Is it possible the clause can be rephrased, to allow tenants some re-assurance.

Thank you

[SteveP]

If the tenant wants assurance he can pop into the councils offices and find out if it has got A3 consent.

The clause is effectively saying.

Look mate I'll lease you these premises and I don't mind if you use them as a cafe. Its up to you to make sure that you comply with any lawful requirements like planning, disability discrimination, etc. I am not going to take on the liability of making sure that what you want to do is legal.

Perfectly reasonable for a landlord.