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The opening of the branch: from the conception to the signing of the lease
21.03.2014
Development trends of the banking sector is such that almost all banks of the country are in the stage of increasing the number of points of presence in the regions. The expansion of the branch network in banks goes in different ways. Someone goes through a process of mergers / acquisitions, someone takes the decision on construction of detached offices, someone opens branches in shopping malls, which are like mushrooms after rain appear in cities and towns, and someone in charge of the selection of non-residential premises of the Foundation for further redevelopment.
Alfiya Dausheva, senior lawyer of the Law firm «YUST»:
«If the tenant alterations to the leased premises without the consent of the lessor have the right to demand early termination of the lease agreement due to a material breach of the terms of the contract. To avoid conflict situations, connected with alterations to the leased premises, possibly even at the stage of conclusion of a lease agreement.
Because the lessee, acting reasonably and in good faith, at the time of conclusion of the lease contract already understands, needs the leased premises in the redevelopment or refurbishment, in the lease agreement may include provisions under which the lessor by the time the lease is signed consents to the lessee for a redevelopment or refurbishment of the leased premises without additional agreement with the landlord. While it is desirable to provide in the contract, the list of activities that can be carried out as part of redevelopment or refurbishment of the premises.
Proposed way of verifying the integrity of the lessee by sending the lessor re-request for consent to redevelopment/refurbishment seems unreasonable. Because consent to carry out this work is a right, not an obligation of the lessor, the fair can be recognized actions of the tenant alterations only when there is an Express consent of the lessor.
More on the publication is available in printed version of the magazine.
Development trends of the banking sector is such that almost all banks of the country are in the stage of increasing the number of points of presence in the regions. The expansion of the branch network in banks goes in different ways. Someone goes through a process of mergers / acquisitions, someone takes the decision on construction of detached offices, someone opens branches in shopping malls, which are like mushrooms after rain appear in cities and towns, and someone in charge of the selection of non-residential premises of the Foundation for further redevelopment.
Alfiya Dausheva, senior lawyer of the Law firm «YUST»:
«If the tenant alterations to the leased premises without the consent of the lessor have the right to demand early termination of the lease agreement due to a material breach of the terms of the contract. To avoid conflict situations, connected with alterations to the leased premises, possibly even at the stage of conclusion of a lease agreement.
Because the lessee, acting reasonably and in good faith, at the time of conclusion of the lease contract already understands, needs the leased premises in the redevelopment or refurbishment, in the lease agreement may include provisions under which the lessor by the time the lease is signed consents to the lessee for a redevelopment or refurbishment of the leased premises without additional agreement with the landlord. While it is desirable to provide in the contract, the list of activities that can be carried out as part of redevelopment or refurbishment of the premises.
Proposed way of verifying the integrity of the lessee by sending the lessor re-request for consent to redevelopment/refurbishment seems unreasonable. Because consent to carry out this work is a right, not an obligation of the lessor, the fair can be recognized actions of the tenant alterations only when there is an Express consent of the lessor.
More on the publication is available in printed version of the magazine.
Rankings and Partners
