- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 02 Mar 2017
When does a draft deal become a binding agreement?
As any property professional will know, negotiations can be tense and it is common for various draft agreements to fly between parties without any final deal in fact having been reached.
This is what happened in the case of Publity AG. V Chesterhill Properties Limited (2016), which involved the proposed lease of a luxury central London home at a rent of £6,500 a week.
Company A wished to lease the house from its owner, company B. A total of five tenancy agreements, in various forms, were drafted during negotiations and some of them were signed on behalf of one party or the other.
Company A had been given the keys to the property, and was in the process of moving in furniture, when sticking points emerged as to the terms of the tenancy, in particular its start date.
Company A launched proceedings on the basis that a tenancy agreement had been finalised. It sought declarations to that effect and damages for unlawful eviction. Company B submitted that no binding agreement had been reached. The High Court accepted that a tenancy agreement had been signed and posted on behalf of company A. Arguments that the document had been concocted were rejected.
However, in ruling in favour of company B on the principal issue, the Court found that no final agreement had ever been achieved in respect of the tenancy's start date. The relevant document had also not been dated in accordance with its terms. Company B had thus made no offer which was capable of being accepted by company A and no binding tenancy agreement had been created.
Company A, however, was entitled to the return of monies that it had paid in respect of improvements to the property prior to the date on which it had planned to move in. A damages claim pursued by company B, on the basis that the moving of furniture into the property amounted to a trespass, was dismissed.
 Related articles on Designing Buildings Wiki
Featured articles and news
The quality of Cambridge owes as much to its open spaces as to its architectural uniqueness.
If events occur that cause the completion of the works to be delayed then these may be compensation events.
BSRIA's new Building MOTs Scheme is designed to provide guidance on the next steps after compliance.
At an ICE discussion, the focus was on delivering a Northern Infrastructure Strategy based on opportunity for all.
The Considerate Constructors Scheme officially launch the new Ultra Site status for contractors and supply chains.
The risk of specification errors in the cladding sector is "worryingly high" after Grenfell, according to major distributor.
Here is our outline work plan for a private sector design and build project.
BRE are to publish new guidance aimed at assuring buyers as to the merits of off-site construction methods.
Who are the various different stakeholders in development projects? Find out in our introductory article.
How a BRE office became the centre-piece for major biophilic design research.