I copy and pasted the following clause from the Offer to Lease, governed by the law of England and Wales, that a Landlord emailed me, for leasing their premise in England for my retail store.
No Objection To Title
- The Tenant must assume the Landlords' right to grant the tenancy; shall not require any evidence of the Landlords' title to the Premises; or raise any objection, requisition or enquiry in respect of it.
- What else are the worst that can happen to me, if I agree? I know Canadian law's different, but I found one pitfall in this PDF by Louis-Martin Dubé LL.B. from Université de Montréal (1985), Partner at McCarthy Tetrault, The Tenant, the Landlord and his Mortgage Lender: Is Three a Crowd?
As for the tenant, he will want to protect his right to occupy the leased premises and avoid any risk of termination of the lease should the landlord be in default with his lender.
- Isn't this clause too onerous? Isn't it unconscionable and unreasonable to require the Tenant to deliberately ignore any encumbrances on the Landlord's title?