STANDARD DRAFT FOR FLAT OVER SHOP by ju5Vkd41

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									   Full Repairing Lease With Private Owner




     DATED                                               2012




                              to




                         LEASE

                         relating to




                                             k

         Model Lease Provided Courtesy of:
         Housing & Property Law Partnership
For further advice contact Chris Bernard on 020 7 553 9000



         Housing & Property Law Partnership Solicitors
                   99 Charterhouse Street
                     London EC1M 6HR
               www.housingandproperty.co.uk
Date of this Lease.


Lease Start Date


Length of lease                 years from the Lease Start Date.


Landlord


Tenant




Premises              together with all necessary
                             rights of access to and from the Premises


Rent


The Works                    The Schedule of Works to be carried out to the Premises
                             as is attached as the Fourth Schedule and agreed
                             between the parties prior to the date of this agreement


The Landlord’s fixtures
and fittings                 The fixtures and fittings owned by the Landlord and
                             contained in the Premises as listed in the Fifth Schedule
Practical Completion of
the Works                    means the date upon which the Contract Administrator or
                             Supervising Officer in charge of the Works as appointed
                             by the Tenant issues the Tenant with a certificate of
                             Practical Completion of the Works




WHEREAS:

                          Housing & Property Law Partnership Solicitors                  1
                                    99 Charterhouse Street
                                      London EC1M 6HR
                                www.housingandproperty.co.uk
1. The Landlord owns the Premises and warrants that she has the right to let them
     with vacant possession on the terms appearing below having obtained all the
     necessary consents.


2. It is intended that the Tenant shall use the Premises to provide temporary housing
     accommodation for persons in housing need.


3. The Landlord requires that the Premises be returned to her with vacant
     possession at the expiry of this lease so that they may again be used for the
     Landlord’s own purposes.


4. It is accordingly necessary that the temporary occupants of the Premises shall not
     enjoy security of tenure.


5. The Tenant intends to carry out the Works to the Premises so that the Premises
     can be used for providing temporary housing accommodation and the Landlord
     agrees that the Works are all the works required to put the Premises into a fit and
     habitable state of repair.




WHEREBY IT IS AGREED AS FOLLOWS:


1.        The Landlord lets with Full Title Guarantee and the Tenant takes from the
          Lease Start Date the Premises together with the rights set out in the First
          Schedule and excepting and reserving those set out in the Second
          Schedule to hold unto the Tenant for the period shown above paying the
          Rent shown above in advance by equal monthly payments on the first day of
          each month apportioned in respect of the period between the Lease Start
          Date and the next due date to be paid by such reasonable method as the
          Landlord shall declare


2      THE TENANT AGREES WITH THE LANDLORD AS FOLLOWS

                           Housing & Property Law Partnership Solicitors                   2
                                     99 Charterhouse Street
                                       London EC1M 6HR
                                 www.housingandproperty.co.uk
2.1   The Tenant has at its own expense obtained all consents relating to the Works
      which are necessary or desirable to obtain prior to the commencement of the
      Works.


2.2   The Tenant has complied with all conditions contained in any approved
      consent or approval relating to the Works with which it is for the time being
      necessary or desirable to comply prior to the commencement of the permitted
      Works.


2.3   It is for the time being otherwise lawful for the Tenant to carry out the Works.


2.4   The Tenant has given the Landlord prior notice of the estimated date upon
      which it proposes to commence the Works.


2.5   To permit the Landlord and its surveyors, to enter the Premises at times to be
      agreed with the Tenant for any purpose in connection with this Lease or any
      of the Works.


2.6   To produce to the Landlord copies of gas and electrical test certificates if
      requested in writing.


2.7   To execute all the Works with due diligence and in a good and workmanlike
      manner and in strict compliance with all regulations and statutes and with the
      terms, conditions and requirements of any approved consents or approvals.


2.8   Not to execute the Works at weekends or outside normal business hours,
      unless agreed with the Landlord


2.9   During the execution of the Works to keep all materials and equipment safely
      stored and not to cause or permit any unnecessary damage, disturbance or
      annoyance, nuisance or inconvenience whether by noise, dust, vibration, the
      emission of smoke, fumes or effluvia or otherwise to the Landlord or to the
      owners or occupiers of any adjoining or neighbouring property.

                      Housing & Property Law Partnership Solicitors                      3
                                99 Charterhouse Street
                                  London EC1M 6HR
                            www.housingandproperty.co.uk
2.10   Not to cause or permit any damage or disturbance to or weaken or render
       unsafe the structure of the Premises or any adjoining or neighbouring
       property.


2.11   Not to unnecessarily cause or permit the interruption of any service to or from
       adjoining or neighbouring property.


2.12   To insure and keep insured the Works from time to time executed and all
       unfixed materials and goods at the Premises intended for the Works against
       loss and damage by fire, lightening, explosion, storm, tempest, flood, bursting
       or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and
       other aerial devices or articles dropped from the aircraft for the full
       reinstatement or replacement value.          It has been agreed that all money
       received under any policy relating to such insurance shall be applied by the
       tenant in storing, reinstating and replacing such Works, materials and goods.


2.13   On completion of the Works to remove all debris and equipment from the
       Premises, and make good any damage caused to the Premises or adjoining
       or neighbouring property.




3. THE TENANT FURTHER AGREES




3.1    To pay the said Rent at the times and in the manner aforesaid.


3.2    To pay for all charges for gas electricity water sewerage and telephone
       services supplied to or used at the Premises during the Term and all Council
       Tax or other expense in the nature of taxation payable in respect of the
       Premises or the occupants thereof and to indemnify the Landlord against all
       claims made in connection with such charges or levies.




                       Housing & Property Law Partnership Solicitors                   4
                                 99 Charterhouse Street
                                   London EC1M 6HR
                             www.housingandproperty.co.uk
3.3   To permit the Landlord and his agent on giving reasonable written notice
      except in the case of an emergency to enter the Premises at all reasonable
      hours in the day time for the purpose of viewing the condition thereof.


3.4   At the Tenant’s expense to comply with all notices orders and regulations
      relating to the Premises under the Housing Acts, Public Health Acts or
      Environmental Protection Act 1990 or regulations made thereunder


3.5   Not to make any structural alterations to the Premises or construct any new
      buildings thereon without the prior written approval of the Landlord such
      approval not to be unreasonably withheld or delayed save that the Tenant
      will carry out the Works which may be varied by the Supervising Officer or
      Contract Administrator as referred to in the definition of ‘Practical Completion
      of the Works’ on the first page of this Lease together with any such
      additional works as advised by the said Supervising Officer or Contract
      Administrator in order to put the Premises in good and tenantable repair.


3.6   To keep the Premises in good repair excluding fair wear and tear and
      damage caused by an insured risk. It is in addition specifically stated that the
      Tenant shall be under no obligation to repair or replace any items placed in
      the Premises that were not there at the date of this Lease to include kitchen
      appliances and fittings carpets and bathroom fixtures regardless of their
      condition or the reason for the disrepair. It is also hereby stated that the
      Tenant shall not be under any obligation to repair any damage to the
      Premises where such damage arose in whole or in part as a result of latent
      structural defects as for example any dry or wet rot or any rising or
      penetrating damp howsoever caused except by any act or default of the
      Tenant.


3.7   It is hereby stated that the Tenant shall not be liable to keep the Premises or
      the Landlord’s fixtures and fittings in a better state of repair than they were at
      the beginning of the term. That state of repair is set out in the Third
      schedule.



                      Housing & Property Law Partnership Solicitors                    5
                                99 Charterhouse Street
                                  London EC1M 6HR
                            www.housingandproperty.co.uk
3.8    Not to use the Premises otherwise that for the provision of temporary
       housing accommodation on the basis of assured shorthold tenancies.


3.9    Not to assign or sublet the whole or any part of the Premises save that:


I.     With the prior written consent of the Landlord such consent not to be
       unreasonably withheld or delayed the Tenant may assign the unexpired
       residue of the term hereby created to a Housing Association or a Registered
       Provider of Social Housing


II.    The Tenant may sublet the Premises in whole or in part to residential
       occupiers upon Assured Shorthold Tenancies or any other similar Tenancy
       brought about by a change in legislation provided that no such tenancy shall
       create any term longer than the term hereby created


3.11   Not to do or allow to be done on the Premises anything which is or may
       become a material nuisance to the Landlord any tenant or subtenant or the
       occupiers of any adjoining or nearby premises or which is an infringement of
       any of the covenants contained in any deed which is binding on the Landlord
       or which may vitiate any insurance of the Premises against fire or otherwise
       or cause the insurance to be increased


3.12   To enforce (so far as is within their power and is reasonable in the
       circumstances) at the Tenant’s expense the terms of any agreements
       entered into with any sub-tenant or arising from any breach of any obligation
       on the part of the Tenant hereunder


4. THE LANDLORD AGREES WITH THE TENANT AS FOLLOWS:


4.1    The Tenant may commence and complete the Works.


4.2    That the Tenant paying the said rent and observing and performing all the
       Tenants obligations under this lease may quietly enjoy the Premises without



                       Housing & Property Law Partnership Solicitors                  6
                                 99 Charterhouse Street
                                   London EC1M 6HR
                             www.housingandproperty.co.uk
       any interruption by the Landlord or any person claiming through or under or
       in trust for the Landlord


4.3    To provide the Tenant with copies of keys for the Premises on the date of
       this Lease.


4.4    To do all such acts and things as may be necessary to enable notice of the
       Tenant’s interest to be entered in the registers of the Landlord’s title
       registered at HM Land Registry and to enable the Tenant to be registered as
       proprietor of the interest with absolute leasehold title


4.5    To insure the Premises with some reputable insurance company against the
       usual risks for full rebuilding cost and to produce to the Tenant details of
       the policy and proof of payment          and in case of any such destruction or
       damage        happening to the Premises the Landlord will subject to all
       necessary consents being obtained lay out the policy monies in reinstating
       restoring replacing or rebuilding the Premises or part thereof with all
       convenient speed provided always that if such reinstatement restoration
       replacement or rebuilding is prevented or frustrated then all insurance
       monies relating to the Premises shall belong to the Landlord


4.10   That all requisite consents and permissions to the grant of this lease and the
       use of the Premises hereby authorised have been obtained from the insurers
       and any mortgagee or other person having an interest in the Premises.


4.11   In the event of the Landlord becoming resident or domiciled outside the United
       Kingdom the Landlord will forthwith give notice thereof to the Tenant with
       details of the change of address and of his Tax District and reference.


5. IT IS FURTHER AGREED BETWEEN THE PARTIES AS FOLLOWS:


5.1    Nothing contained in this Lease apart from the Works described, shall waive
       or be deemed to waive any breach of the Tenant's obligations in the Lease
       which may have occurred prior to the date of this Deed nor authorise or be

                        Housing & Property Law Partnership Solicitors                7
                                  99 Charterhouse Street
                                    London EC1M 6HR
                              www.housingandproperty.co.uk
      deemed to authorise the execution of any further Works or any other act,
      emission or other thing apart from those expressly required under this Lease.


5.2   The Tenant reserves the right to alter, or reduce the Works, if unforeseen
      works are found and/or in the opinion of the Tenant, the variations are
      necessary in order to keep the cost of works within the Tenant’s budget, or
      otherwise of benefit to the Works, in the opinion of the Tenant.


5.3   The covenants and other provisions contained in the Lease shall extend to all
      Works from time to time executed pursuant to the provisions of this Licence
      and shall apply in full force and effect to the Premises as altered as they now
      apply to the Premises demised by the Lease save the Tenant shall not be
      required to hand back the Premises to the Landlord in any better state or
      condition than the Premises were in prior to the execution of the Works
      authorised by this Licence.


5.4   The Tenant will use their best endeavours to arrange and administrate the
      works on behalf of the Landlord. However, in case of dispute between the
      Landlord and the Tenant, the Tenant’s surveyor’s decision will be final.


5.5   If and whenever the said Rent or any part is in arrears for 21 days whether
      formally demanded or not or if the Tenant shall enter into liquidation
      (otherwise than for the purposes of reconstruction or amalgamation ) or
      makes any arrangement with creditors or commits any breach of any of the
      provisions contained herein then the Landlord may enter upon the Premises
      and the Lease hereby created shall absolutely determine but without
      prejudice to any remedy for any previous breach by either party of the
      provisions hereby created.


5.6   In the event that the Premises shall be rendered uninhabitable by any risk
      covered by any insurance policy during the term of this Lease the Tenant
      may elect to determine this Lease upon the expiry of not less than 14 days
      notice served by the Tenant on the Landlord whereupon the Lease hereby
      created shall absolutely determine but without prejudice to any remedy for

                      Housing & Property Law Partnership Solicitors                   8
                                99 Charterhouse Street
                                  London EC1M 6HR
                            www.housingandproperty.co.uk
      any previous breach by either party of any of the provisions hereof. In the
      alternative should the Tenant not elect to determine the lease the Rent or a
      fair proportion of it is to be suspended until the Premises are fully restored or
      until the Tenant has elected to determine the Lease whichever is earlier. In
      the event that the Tenant elects to determine the Lease then a fair proportion
      of the insurance monies recovered shall be paid to the Tenant to
      compensate the Tenant for the loss of rent during the remainder of the Term
      and the possibility of the Tenant having to repay a percentage of the monies
      required to carry out the works to the HCA or any other body that has
      provided monies to fund the Works (including the Tenant’s own funding of
      the Works) and for all other administrative and legal expenses incurred by
      the Tenant.


5.7   All payments made by either party to this Lease shall be taken to be
      exclusive of VAT and any VAT chargeable in respect of the matters giving
      rise to such payment shall be added to the amount thereof and paid in
      addition thereto.


5.8   It is hereby agreed that any dispute as to the application or interpretation of
      this Lease or the condition state of repair or any other defect in the
      Premises is to be resolved by the decision of an independent Chartered
      Surveyor as appointed by the President for the time being of the Royal
      Institute of Chartered Surveyors acting as a single arbitrator in accordance
      with the provisions of the Arbitration Act 1950-1996 or any statutory
      modification or re-enactment thereof for the time being in force the costs of
      the arbitration to be shared equally between the Landlord and the Tenant.


5.9   During the last nine months of the term hereby created the Tenant may elect
      to upon the service of seven days written notice on the Landlord to
      determine this Lease whereupon the Lease hereby created shall absolutely
      determine subject to the Tenant having materially complied with the
      obligations under this Lease and without prejudice to the rights and
      obligations which are binding on either party. Furthermore where the
      Premises consists of more than one separate dwellings the Tenant may elect

                      Housing & Property Law Partnership Solicitors                     9
                                99 Charterhouse Street
                                  London EC1M 6HR
                            www.housingandproperty.co.uk
       to determine this Lease in part or in whole and in the event of the Lease
       being determined in part the rent payable shall be abated by such a
       proportion as the part surrendered bears to the whole of the Premises


5.10   Any dispute arising out of the terms of this Lease relating to the repair and
       maintenance of the Premises or the building of which they form part of the
       installations therein or the Landlord's fixtures and fittings shall be referred for
       determination to the Tenant's Surveyor for who shall act as an expert and not
       as an arbitrator and whose decision shall (save as to a question of law) be
       final and binding on the parties and the costs of the Tenant's Surveyor shall be
       borne by the Landlord and the Tenant in equal shares.


5.11   Any notice under this Agreement shall be in writing and shall be served on
       the Landlord either personally or by leaving it for him at his last known
       address and shall be served on the Tenant by sending it to the Tenant at the
       address aforesaid.


5.13   At the handback of the property, the Tenant will endeavour to contact the
       Landlord via post, e-mail or telephone as necessary. If the Landlord does not
       respond within 7 working days the tenant reserves the right to stop the rent
       payments and return the keys to the Landlord by recorded delivery at the last
       known address.


5.14   The Landlord acknowledges that he is responsible for re-directing the post
       and that he has no claim whatsoever against the Tenant in respect of any
       post delivered to the Premises.


5.15   For the avoidance of doubt it is agreed that this Lease does not include any
       garage or garages within the curtilage of the Premises or the building of which
       the Premises form part.


5.16   In the event that this Lease is brought to an end prior to the expiry date of the
       Term hereby granted or in the event that the Tenant is unable to occupy the
       Premises for whatever reason (unless due to the default, act or omission on

                        Housing & Property Law Partnership Solicitors                        10
                                  99 Charterhouse Street
                                    London EC1M 6HR
                              www.housingandproperty.co.uk
        the part of the Tenant) the Tenant's obligation to pay the rent hereby reserved
        shall automatically cease.


5.17   If the Landlord is desirous of determining the term of this Lease after the third
        anniversary of the date of this Lease and gives the to the Tenant not less
        than six months written           notice   (‘the Landlords Notice’) together with
        payment to the Tenant of such sums as calculated in accordance with Table
        A below (depending on which lease anniversary date this Lease is to
        determine) by no later than four months before the expiry of the Landlord’s
        Notice then at the expiration of such notice this Lease the demise and
        everything contained in this Lease shall cease and determine without
        prejudice to any antecedent claims for breach of covenant by either party. It
        is specifically agreed between the parties that if the Landlord fails to observe
        the time limits for giving the Landlord’s Notice as stated above and/or the
        Landlord fails to make the appropriate payment to the Tenant as specified in
        table A below on or before four months prior to the expiry of the Landlord’s
        Notice then the Landlord’s Notice to determine this Lease will be disregarded
        and this Lease will continue as if no Landlord’s Notice had been served.


                                            Table A
                                      (referred to above)

  Anniversary of the date of this lease               Landlord’s repayment to the Tenant




5.18    The Tenant hereby certifies that this lease is an instrument on which stamp
        duty is, by virtue of s.130(1)(c) Finance Act 2000, not chargeable



                          Housing & Property Law Partnership Solicitors                    11
                                    99 Charterhouse Street
                                      London EC1M 6HR
                                www.housingandproperty.co.uk
5.19   Unless expressly stated it is not intended that any person or body other than
       the persons named herein should have any rights hereunder by virtue of the
       Contracts (Rights of Third Parties) Act 1999


5.20   It is hereby certified that there is no agreement for lease to which this Lease
       gives effect




                       Housing & Property Law Partnership Solicitors                 12
                                 99 Charterhouse Street
                                   London EC1M 6HR
                             www.housingandproperty.co.uk
Signed as a Deed by                       )
in the presence of                        )
Witness    ………………………………..
Name       ………………………………...
Address    …………………………………
           …………………………………
Occupation…………………………………




Signed on behalf of


                                  Director……………………………………………




                                  Director/Secretary…………………………….




                      Housing & Property Law Partnership Solicitors   13
                                99 Charterhouse Street
                                  London EC1M 6HR
                            www.housingandproperty.co.uk
                              THE FIRST SCHEDULE




1.   Free passage of running water and soil in and through the sewers drains
     channels made or to be made upon through or under the Premises and the free
     and uninterrupted use of all gas electric telephone and other pipes wires cables
     and flues (if any) upon through or under the same


2.   The right for the sub-tenant and all other person authorised by it (in common
     with all others entitled to such right) at all times by day or by night on foot only
     to go pass and repass over and along the main entrance (if any) of the building
     of which the Premises form part and the common passages landings and
     staircases thereof and to use (if any of the following exist and are necessary for
     the full enjoyment of the Premises by the sub-tenant) the gardens dustbin areas
     and dustbin hoppers forecourts roadways pathways within the curtilage of the
     building provided nevertheless that the sub-tenant shall not cause or authorise
     or permit the obstruction of any of the common parts of the building.




                       Housing & Property Law Partnership Solicitors                  14
                                 99 Charterhouse Street
                                   London EC1M 6HR
                             www.housingandproperty.co.uk
                      THE SECOND SCHEDULE


1.   Rights corresponding to those contained in paragraph 1 of the First
     Schedule.




                 Housing & Property Law Partnership Solicitors        15
                           99 Charterhouse Street
                             London EC1M 6HR
                       www.housingandproperty.co.uk
      THE     THIRD SCHEDULE



       Schedule of Condition




Housing & Property Law Partnership Solicitors   16
          99 Charterhouse Street
            London EC1M 6HR
      www.housingandproperty.co.uk
    THE      FOURTH SCHEDULE

            The Works




Housing & Property Law Partnership Solicitors   17
          99 Charterhouse Street
            London EC1M 6HR
      www.housingandproperty.co.uk
      THE     FIFTH SCHEDULE




Housing & Property Law Partnership Solicitors   18
          99 Charterhouse Street
            London EC1M 6HR
      www.housingandproperty.co.uk

								
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