- Project plans
- Project activities
- Legislation and standards
- Industry context
- Specialist wikis
Last edited 29 Jan 2021
When does a draft deal become a binding agreement?
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 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.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
Institute applauds funding initiatives but presses for additional retrofit and tax measures.
The switch from analogue to digital has begun.
The fourth industrial revolution is well underway.
Free online resource will offer guidance on conserving places and the planet during COP26.
Government allocates additional money for building new homes on derelict land.
Smart built environments can be designed around the requirements of real people.
Consistency is at the core of realistic strategies.
Entries being accepted until 20 November 2021.
Fuller’s legacy in the field of resource management.