Demised premises
In property law, 'demise' means to transfer by lease.
The phrase ‘demised premises’ generally refers to premises that have been transferred by lease, as opposed to the ‘retained parts’ which are not transferred but are retained by the landlord. The phrase can also be used in property deeds, and can sometimes be considered to include the duration of the lease as well as the physical extent of the premises.
The demised premises therefore are generally the parts of the premises that the leaseholder or tenant is permitted to occupy. It is very important to check that the extent of the demised premises set out in the lease correctly reflects both parties understanding of what the leaseholder or tenant is permitted to occupy and what are the retained parts.
This may be set out in terms of an address and a plan or plans with the demised premises clearly edged in black or red. The extent of the demised premises may include; parts of a building (perhaps including lofts or basements) parts of the external landscape, car parking, and so on. Plans may also indicate 'common areas', that is, parts that are shared with others.
In addition to the right to occupy, the lease should set out who is responsible for maintaining and repairing the different parts of the building. While broadly, the tenant or leaseholder is likely to remain responsible for the demised premises, and the landlord the retained parts, this is not necessarily the case and the landlord may, for example, remain responsible for the structure. The situation can be particularly complex where a property is sub-divided into a number of different premises.
Care should be taken defining rights and responsibilities in relation to:
- Superstructure.
- Foundations.
- Roof.
- Common services and plant.
- Premises services.
- Internal load-bearing walls.
- Internal partitions.
- Boundary walls.
- Fixtures and fittings.
- Pipes and guttering.
- Plaster, plasterboard and surface finishes.
- Doors and windows.
- Ceilings.
- Floor joists.
- Floorboards or screed.
- Floor finishes.
- Loft spaces and basements.
- External decorations.
- Common areas.
- Landscape and parking.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding..
Comments
why not call them leased premises then?