Retail leasing FAQ17: What is a Heads of Terms Agreement and is it legally binding?
What is a Heads of Terms Agreement and is it legally binding?
When properly drafted, it’s a non-binding document which sets out the key terms of a proposed agreement to lease between the lessor and the lessee
It is provided to solicitors to ensure the agreed terms and conditions are inserted into the lease document
Its generally considered that upon signing a Heads of Agreement document, both parties are committing to enter into a lease, but it is usually worded in a way so as not to be legally binding until the lease is signed.