SPECIMEN LEASE by rockman10

VIEWS: 93 PAGES: 9

									                                                       LEASE

DATE:……………………

PARTIES:

(1)   …………………….. insert name and address of property owner
      (hereinafter called “the Landlord” which expression shall where the content so admits include the person for the
      time being entitled to the reversion immediately expectant on the term hereby granted) and

(2)   …………………….. insert names and addresses of holding trustees
      (hereinafter together called “the Lessees” which expression shall where the content so admits include their
      successors in title and exclude persons who shall after the date hereof have ceased to hold the title to the
      Premises as a result of their replacement by the Group in accordance with the Constitution).

OPERATIVE PROVISIONS

1.    Definitions and interpretation

1.1   In this Lease the following terms shall, except so far as the context otherwise requires, have the following
      meanings:

      “the Group”                               means ……. insert name and address of voluntary organisation,
                                                an unincorporated group constituted in accordance with the provisions
                                                of a constitution duly adopted on [     ];

      “the Group’s Assets”                      means all assets of the Group which are for the time being vested in
                                                the Executive Committee as the executive committee of the Group;

      “the Constitution”                        means the said constitution of the Group, as subsequently amended
                                                from time to time in accordance with the provisions thereof;

      “the Executive Committee”                 means the persons from time to time having the general control and
                                                management of the Group;

      “the Official Custodian”                  means the officer appointed pursuant to s.2 of the Charities Act 1993
                                                whose function it shall be t act as trustee for charities in relation to the
                                                holding of title to land;

      “holding trustee”                         means any holding trustee from time to time appointed by the Group in
                                                accordance with the Constitution in relation to the holding of title to this
                                                Lease;

      “the Insured Risks”                       means loss or damage by fire (including riot, fire) lightening, explosion,
                                                earthquake, landslip, storm, flood, bursting and overflowing of water
                                                pipes, tanks and other apparatus, impact by aircraft or other aerial
                                                devices or articles dropped therefrom, impact by road vehicles, theft,
                                                and damage by malicious persons and vandals;

      “the Lessees’ obligations”                means all obligations of the Lessees, the Group and of the Executive
                                                Committee under any covenant or any other term of this Lease and all
                                                implied obligations of the Lessees, the Group and of the Executive
                                                Committee under this Lease;


                                                           1
      “the Premises”                            means the land and buildings described in the First Schedule and
                                                shown in the plan attached thereto.

1.2   The Lessees enter into this Lease as the agents of and attorneys for the Group and the Executive Committee,
      and they execute this Lease and hold the estate created by this Lease accordingly. The Lessees covenant with
      the Landlord under the terms and conditions of this Lease as agents of and attorneys for the Group and the
      Executive Committee and accordingly:

      1.2.1   any covenant, agreement or condition contained in this Lease which is enforceable by or against the
              Lessees by reason of the Premises being vested in them shall be enforceable by or against the
              Executive Committee as if the Premises were vested in them; and

      1.2.2   any reference to the Lessees herein shall, save where such reference is made in regard to the lease of
              the Premises hereunder or where the context so admits, include also reference to the Group and the
              Charity Trustees.

1.3   In this Lease:

      1.3.1   the Clause headings are inserted for convenience only and shall not affect the construction of this
              Lease;

      1.3.2   words denoting the singular shall include the plural and visa versa;

      1.3.3   words denoting one gender shall include each gender and all genders;

      1.3.4   references to persons shall be deemed to include references to natural persons, to firms, to
              partnerships, to bodies corporate, to groups, and to trusts (in each case whether or not having separate
              legal personality);

      1.3.5   references in this Lease to “Clauses” and “Schedules” are references to clauses and, where
              appropriate, sub-clauses and to schedules of this Lease and references to the “parties” or “party” are
              references to the parties or a party to this Lease;

1.4   Words and phrases defined for the purposes of or in connection with any statutory provision shall, where the
      context so requires, be construed as having the same respective meanings in this Lease.

1.5   Reference in this Lease to any statute or statutory provisions includes a reference to:

      1.5.1   that statute or statutory provision as from time to time amended, extended or re-enacted or
              consolidated; and

      1.5.2   all statutory instruments or orders made pursuant to it.

1.6   Wherever in this Lease the Lessees require the approval of the Landlord, such approval shall not be
      unreasonably withheld or delayed by the Landlord.

2.    Lease

      The Landlord hereby leases unto the Lessees ALL THOSE PREMISES TO HOLD the same unto the Lessees
      from the [      ] day of [    ] Two thousand and [ ] for the term of twenty-five years upon and subject to the
      terms and covenants hereinafter mentioned YIELDING AND PAYING unto the Landlord the yearly rent of (£
      ….) (if demanded) clear of all deductions on the first day of January in each year the first payment to be made
      on the [    ] day of [     ] Two thousand and [ ].


                                                          2
3.   Rent and Lessees’ covenants

     The Lessees, to the intent that the obligations may continue throughout the term hereby granted hereby
     covenant with the Landlord as follows:

     3.1     to pay the yearly rent hereinbefore reserved at the times and in the manner at and in
     which the same is hereinbefore reserved and made payable;

     3.2     to pay and discharge all existing and future rates, taxes, assessments, charges, duties and outgoings
             whatsoever of an annual or recurring nature whether parliamentary, local or of any other description
             now or henceforth to become payable, assessed, charged or imposed upon or in respect of the
             Premises or upon the owners or occupiers in respect thereof and to pay for all electricity consumed on
             the Premises and all other charges whether metered or otherwise for services consumed on the
             Premises;

     3.3     to use the Premises for the purposes and activities of the Group as set out in the Constitution;

     3.4     to keep in good repair and condition, subject to fair wear and tear, the following parts of the Premises:

             3.4.1   all internal door, window and cupboard furniture such as handles, bolts and
                     catches;

             3.4.2   letter boxes, nameplate and notice board;

             3.4.3   plugs and chains to sinks, baths and basins;

             3.4.4   electrical fuses, light bulbs and tubes;

             3.4.5   any items installed by the Group;

     3.5     in every fifth year of term or at such other intervals as may be agreed to redecorate the interior of the
             Premises in a good and workmanship manner and with appropriate materials of good quality;

     3.6     to the extent that such damage arises as a result of negligence or malicious misuse of the Premises by
             the Group or by those for whom the Group is responsible, to make good to the reasonable satisfaction
             of the Landlord damage caused to the Premises (including without limitation to the generality of the
             foregoing the replacement of broken or cracked glass whether in windows or doors and the unblocking
             of waste pipes and drains and gullies);

     3.7     not to make any structural or other alterations or any additions in or to the Premises except those
             previously approved in writing by the Landlord, nor, save where such approval has been given, cut or
             injure the roof, main walls, main timbers or eaves of the Premises nor do anything likely to injure or
             endanger the same;

     3.8     subject as hereinafter provided, not to assign, charge, underlet or part with the possession of the
             Premises or any part or parts thereof without the prior written consent of the Landlord PROVIDED
             THAT:

             3.8.1   if the Lessees or any one of them shall cease to be a holding trustee of the Group they or the
                     survivor or the personal representatives of the survivor of them may assign this Lease to any
                     person or persons who shall for the time being have been appointed by the Group to be a
                     holding trustee and within twenty-one days of such an assignment notice thereof and a certified
                     copy of the relevant assignment shall be given to the Landlord;

                                                          3
       3.8.2   nothing herein contained shall prohibit or restrict the Lessees from providing to third parties
               facilities for the use of the Premises (whether by way of hire or otherwise) for purposes
               consistent with the use of the Premises permitted under this Lease provided that no
               relationship of landlord and tenant is thereby created;

       3.8.3   subject to sub-clause 3.8.5, nothing contained in this Lease shall prohibit or restrict the
               Lessees from permitting a connected body, by way of occupational licence or otherwise, to
               provide services or facilities (including but without limitation the operation of a bar or catering
               facilities) within the Premises where the provision of such services or facilities by the Lessees
               would not be a breach of the terms of this Lease.

       3.8.4   the following are connected bodies for the purpose of sub-clause 3.8.3:

               (a)      any unincorporated group in respect of which the Executive Committee or persons
                        nominated by them retain the majority of voting rights at a general meeting;

               (b)      any corporate body in which the Executive Committee or persons nominated by them
                        hold the majority of voting rights;

       3.8.5   the provision of services or facilities by a connected body shall be permitted only in accordance
               with written terms which shall be subject to the Landlord’s approval;

       3.8.6   nothing herein contained shall prevent the Lessees from assigning their interest in the
               Premises and this Lease to the Official Custodian (in the event of the Group becoming a
               registered charity) or to any corporate body resulting from the incorporation of the Group;

3.9    to apply for and be responsible for the cost of obtaining a licence where appropriate and to apply for the
       prior written approval of the Landlord to use or to permit the use of the Premises for the performance of
       public entertainments in music and dancing, stage plays, boxing, wrestling, gaming or for the sale or
       supply of intoxicating liquor of any kind or of food for consumption either on or off the Premises which
       now or in the future may require licence or consent under statue;

3.10   not to use or permit to be used the Premises or any part thereof for the sale by auction or for any
       purpose whatsoever other than as a centre providing community facilities in furtherance of the objects
       from time to time of the Group;

3.11   not to carry on or to permit or suffer to be carried on in any part of the premises any offensive, noisy or
       dangerous trade, business or occupation, nor to permit or suffer the Premises to be used as a factory
       or place of manufacture or for any illegal or immoral purpose or so as to cause nuisance, annoyance or
       inconvenience to the Landlord or the neighbourhood (save that reasonable use of the Premises in
       accordance with Clause 3.9 shall not be deemed to be in breach of the covenant contained in this sub-
       clause) nor do or permit or suffer to be done upon the Premises nor omit to do on the Premises
       anything the doing or omission of which may invalidate or prejudicially affect any insurance of the
       Premises or which may lead to payment of any policy moneys being refused in whole or in part or
       cause an in-creased or extra premium to be paid (save where the Lessees have agreed to pay the
       relevant increase or extra premium);

3.12   not without the previous approval in writing of the Landlord to exhibit upon any exterior part of the
       Premises (including the windows thereof) any permanent fascia, signboard, hoarding, advertisement,
       fixed pole, sign, flag or placard or any writing of any description provided that no consent as foresaid
       shall be required for the exhibiting of any fascia, signboard, hoarding, advertisement, fixed pole, sign,
       flag or placard or other writing of any description where either:


                                                   4
       3.12.1    the same is not visible from the outside of the Premises or

       3.12.2    the same is to be removed within a period not exceeding fifty-six days from
                 the date when it was first exhibited;

3.13   to permit the Landlord by its duly authorised agents and officials with or without workmen and others at
       all reasonable times in the daytime and upon reasonable prior notice to enter upon the Premises in
       order to examine the state and condition thereof and for all reasonable purposes and the Lessees shall
       repair and make good with materials to be approved by the Landlord all defects and repairs for which
       the Lessees are responsible hereunder and of which notice in writing shall have been given to the
       Lessees and to the Group by the Landlord or left at the Premises within two calendar months after the
       giving of such notice;

3.14   not to keep or permit or suffer to be kept on the Premises or any part thereof any materials of a
       dangerous, explosive or inflammable mature or any materials the keeping of which may contravene any
       Statute or any rule, regulation or bye-law made by any authority, local or otherwise, having power to
       make rules, regulations or bye-laws, or any materials which constitute an unreasonable nuisance to
       the lessees or occupiers of other part of the building (if any) of which the Premises form part or of
       property in the neighbourhood;

3.15   not to place, bring or use or permit or suffer to be placed, brought or used in or upon the Premises or
       any part thereof anything which shall by reason of the weight, condition, mature or use thereof in any
       ways damage, injure or endanger or in the reasonable opinion of the Landlord by likely to damage,
       injure or endanger any floor or structural stability of the Premises;

3.16   not to store keep or display any goods, materials, machine, hoarding, advertisement the previous
       written approval of the Landlord and at all times to keep the space in front of the Premises clear of all
       obstructions;

3.17   to insure and keep insured in an insurance office of good repute against damage or destruction by fire
       and such other risks and perils as the Landlord may reasonably require the fixtures and fittings in or
       upon the Premises and also against third party claims against the Lessees in respect of death or injury
       to any person or persons and/or damage to property movable or unmovable arising from the condition
       of the Premises or the user thereof and to produce on request to the Landlord the receipt for the
       current year’s premium or premiums;

3.18   subject as hereinafter contained at their own expenses to do all things necessary in about and to the
       Premises necessary for complying with the provisions of the Town and Country Planning Act 1990, the
       Offices Shops and Railway Premises Act 1963, the Fire Precautions Act 1971, the Health and Safety at
       Work etc. Act 1974, Public Health Acts and Factory and Workshops Acts and all local Improvement
       Acts and with the rules, bye-laws and regulations of any Government Department and all other
       authorities, local or otherwise, having power to make rules, bye-laws or regulations with reference to
       the Premises whether required to be carried out by the Lessees or the Landlord provided that nothing
       contained in this clause 3.18 shall impose upon the Lessees any obligation to carry out any works or do
       any things:

       3.18.1    for which the Landlord is responsible pursuant to its covenants contained in clause 4 unless
                 the same is occasioned as a direct result of an alteration carried out to the Premises by the
                 Lessees;

       3.18.2    which could reasonably be regarded as works or things constituting more than day to day
                 maintenance for the proper use and enjoyment of the Premises;




                                                   5
     3.19   to pay all proper and reasonable expenses including Solicitors costs and Surveyors’ fees properly and
            reasonably incurred by the Landlord incidental to the preparation and service of a notice or notices
            under Section 146 of the Law of Property Act 1925 notwithstanding forfeiture is avoided otherwise that
            by relief granted by the Court;

     3.20   save where any liability of the Landlord is covered by any policy or policies of insurance in force at the
            relevant time to indemnify and at all times hereafter to keep indemnified the Landlord from and against
            all loss, damage, proceedings and claims suffered by the Landlord in respect of physical damage
            caused to any property adjoining the Premises or the owners thereof or users thereof or the users of
            the adjacent highways arising out of the use and occupation of the Premises by the Lessees;

     3.21   if reasonably so required by the Landlord and at its own expense on terminations of this Lease to
            remove from the Premises any alterations or additions made to the Premises by the Lessees during the
            tern hereby granted and to make good all damage occasioned by such removal;

     3.22   to permit the Landlord at any time during the six months immediately preceding the determination of
            this Lease to enter upon the Premises and affix and retain without interference upon any part thereof a
            notice for re-letting or selling the same and to permit all persons with authority from the Landlord at all
            reasonable times during the daytime to enter and view the Premises;

     3.23   at the determination of this Lease peaceably to quit and deliver up possession of the Premises and all
            landlord’s fittings and fixtures in and upon the Premises to the Landlord or to such person as it shall
            appoint to receive the same in accordance with the covenants on the part of the Lessees herein
            contained;

     3.24   at the end or sooner determination of the term hereby granted to remove from the Premises all fittings
            in the nature of tenant’s fittings and to make good all damage occasioned thereby;

     3.25   to maintain in good order the equipment details of which is set out in the Second Schedule;

     3.26   in the event of the Group becoming a registered charity then within one year of the date of such
            charitable registration to procure or attempt to procure the assignment of this Lease to the Official
            Custodian;

     3.27   within three months following the Annual General Meeting of the Group, to submit to the Landlord:

            3.27.1    either independently examined or professionally audited accounts for the preceding financial
                      year;

            3.27.2    formal notice of the names and addresses of the newly elected Executive Committee
                      members and any appointment of new holding trustees; and

            3.27.3    any notice of alterations to the Constitution.

4.   Covenants by the Landlord

     The Landlord covenants with the Lessees as follows:

     4.1    at all times during the term hereby granted to insure and keep insured the Premises (including for the
            avoidance of doubt the articles set out in Part I of Schedule [ ] but not the articles set out in Part II of
            Schedule [ ] [in the joint names of the Landlord and the Lessees] [in the name of the Landlord with the
            Lessees’ interest noted or endorsed on the policy] and on the following terms:




                                                         6
       4.1.1    the Premises are to be insured against the Insured Risks and other such risks as the Landlord
                may in its absolute discretion from time to time deem appropriate;

       4.1.2    the insurance shall be for such sum as the Landlord shall from time to time be advised as the
                full cost of site clearance, professional fees, Value Added Tax, rebuilding and re-instatement;

       4.1.3    the Landlord shall apply any insurance monies in the rebuilding or reinstatement of the
                Premises in case of damage by an Insured Risk;

4.2    that the Lessees shall not be responsible for any damage for which the Landlord is compensated under
       such insurance policy;

4.3    that the Lessees paying the rent hereby reserved and observing and performing the covenants and
       provisions herein contained and on the part of the Lessees to be observed and performed shall and
       may peaceably and quietly possess and enjoy the Premises during the term hereby granted without any
       interruption from or by the Landlord or any person or persons rightfully claiming through, under or in
       trust for it PROVIDED ALWAYS that the acts of the Landlord carried out in pursuance of its statutory
       powers and obligations shall not be deemed to be a breach of this covenant;

4.4    to maintain and repair the Premises (other than those parts of the Premises for which the Lessees are
       responsible in accordance with this Lease) and to keep the same in good and tenantable repair and
       condition including (but without prejudice to the generality of the foregoing):

       4.4.1      all roofs, gutters, pipes, drains and other conduits and chimney stacks;

       4.4.2      all foundations, walls, doors, and window frames;

       4.4.3      all exterior decorations;

       4.4.4      pathways, steps and other means of access in and about the Premises;

       4.4.5      all floors and ceilings, doors and door frames, skirting and thresholds in and of the Premises;

       4.4.6      garages and external stores in and of the Premises;

       4.4.7      boundary walls, fences and gates of the Premises;

       4.4.8      water pipes, gas pipes and electrical wiring in the Premises;

       4.4.9      basins, sinks, baths, toilets, flushing systems and waste pipes in the Premises (except
                  blockages in sink, bath and toilet waste pipes caused by the negligent or malicious misuse of
                  the same by the Lessees or those for whom the Lessees is responsible);

       4.4.10     heaters, boilers, fireplaces, warm air heaters and radiators in the Premises;

       4.4.11     sockets and light fittings in the Premises; and

       4.4.12     all glass in and of the Premises

PROVIDED THAT the Landlord shall not be responsible for repairs:

(a)    to those parts of the Premises referred to in clause 3.4 and




                                                     7
     (b)       arising as a direct result of the failure of the Lessees to comply with its obligations contained in clause
               3.6.

5.   Forfeiture

     If the rents hereby reserved or any part thereof shall remain unpaid for twenty-one days after becoming payable
     (whether formally demanded or not) or if any of the covenants on the part of the Lessees hereinbefore
     contained shall not be performed or observed and, if capable of being remedied, are not remedied within a
     period of one month after written notice regarding the same has been delivered by the Landlord to the Lessees
     and the Group, of if the Group shall become bankrupt or being a corporate body go into liquidation whether
     compulsory or voluntary (except for the purpose of reconstruction, amalgamation or other similar purposes not
     involving a realisation of assets) or if the Group shall make any assignment or composition for the benefit of the
     Group’s creditors or have a receiver appointed or suffer any distress or process of execution to be levied upon
     goods of the Group or if the Group shall cease to exist (other than in circumstances where it has incorporated
     itself) or shall become moribund with no reasonable likelihood of the objects of the Group being continued, then
     and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Premises or
     upon any part thereof in the name of the whole and thereupon this Lease shall absolutely determine but without
     prejudice to any right of action of either party against the other in respect of any antecedent breach or non
     observance of the covenants on the parts of the Landlord or the Lessees (as the case may be)
     hereinbefore contained.

6.   Determination

     If at any time during the term hereby granted the Lessees shall give to the Landlord not less than three months
     previous notice in writing of the desire of the Lessees to determine the demise herein contained (which said
     notice may expire at any time) then upon the expiration of such notice this demise shall henceforth cease and
     determine but without prejudice to any claim by either party against any other party in respect of any antecedent
     breach of any covenant or condition contained in this Lease.

7.   Access of light

     It is hereby agreed and declared that the Lessees shall not be entitled to any right of access of light or air to the
     Premises which would restrict or interfere with the user of the Landlord’s adjoining or neighbouring land or the
     site of any existing building for building or any other purpose or purposes whatever.

8.   Notices

     Any notice to be given under this Lease shall either be delivered personally or sent by first class recorded
     delivery post or fax. The address for service of each party and of the Group and any Charity Trustee shall be
     the address stated herein or any other address for service previously notified to the Landlord or (in the absence
     or any such notification) his last known address. A notice shall be deemed to have been served as follows:

     8.1       if personally delivered, at the time of delivery;

     8.2       if posted, at the expiration of 48 hours after the envelope containing the same was delivered into the
               custody of the postal authorities; and

     8.3       if sent by fax, at the time of transmission.

     In proving such service it shall be sufficient to prove that personal delivery was made, or that the envelope
     containing such notice was properly addressed and delivered into the custody office of the postal authority as a
     prepaid first class recorded delivery letter or that the fax was electronically acknowledged as received as the
     case may be.


                                                              8
9.     Local authority functions

       For the avoidance of doubt nothing herein contained or implied shall prejudice or affect the Landlord’s rights,
       powers, duties and obligations in the exercise of its functions as a local authority and the rights, powers, duties
       and obligations of the Landlord under all public and private statutes, bye-laws, orders and regulations may be
       as fully and effectually exercised is relation to the Premises as if it were not the owner thereof and as if this
       Lease had not been executed by it.

10.    Limitation of liability

       It is hereby agreed and declared:

       10.1    no liability shall attach to any person named in this Lease as a Lessee in respect of any breach of the
               Lessees’ obligations or any of them which occur at a time after the term hereby granted has ceased to
               be vested in such person;

       10.2    the liability of the Lessees or any member of the Executive Committee in respect of any breach of the
               Lessees’ obligations or any of them shall be limited in amount to the realised value of the Group’s
               Assets and nothing contained in this Lease shall entitle the Landlord to pursue, exercise or enforce any
               right or remedy in respect of any such breach against the personal estate, property, effects or assets of
               any person or persons from time to time comprising the Lessees or being a member of the Executive
               Committee or against any assets for the time being vested in such person which do not form part of the
               Group’s Assets;

       10.3    the liability of the Lessees and of the Executive Committee to observe and perform the Lessees’
               obligation and their liability in respect of any breach of the Lessees’ obligation or any of them shall be
               joint only and not several.




IN WITNESS this Lease has been executed as a Deed and has been delivered upon its dating.

       THE FIRST SCHEDULE hereinbefore referred to

       All those premises situate at [     ]

       (Full description required)
       (Site plan if available)



       THE SECOND SCHEDULE hereinbefore referred to

       (List of equipment)




                                                            9

								
To top