Below please find a copy of our standard
SHORT-TERM COMMERCIAL LEASE
THIS DOCUMENT CREATES LEGAL RIGHTS AND LEGAL OBLIGATIONS. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU DO WANT AND NOTHING UNACCEPTABLE TO YOU.
Laing Property Rentals Ltd.
66 Saville Road,
The Property known as the shop, basement and yard at 12 London Road, Dover, CT17 0ST
THE TERM XXXXXXXX
For use as a shop.
At a rent of £XXXX per annum (exclusive of value added tax if applicable) and is payable in advance by equal monthly instalments of £XXXX on the Xth day of each month by standing order. The first payment is due on XXXXXX and will be £XXX
THE INTEREST RATE
The rate of 4% per annum above the Base Rate of the Bank of England from time to time in force.
The Deposit is £1000.
TERMS AND CONDITIONS
1.1All references to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person will be joint and several and an obligation on the part of a party will include an obligation not to allow or permit the breach of that obligation.
1.2In this Lease reference to the masculine includes the feminine.
2.1The Landlord lets to the Tenant the Property at the Rent, payment by standing order.
2.2The Property forms only part of a building and does not include any part of the main structure, the external surfaces of the outside walls or anything above the ceilings or below the floors but it does include ceilings, floors, doors, door frames, windows, window frames and plate glass, the internal surfaces of all walls, light fittings and other fixtures and fittings of the Landlord.
2.3The Tenant is granted the non-exclusive use of any conducting media such as pipes, sewers, drains, mains, ducts, conduits, gutters, watercourses, wires, cables, flues and all other media for conducting water, soil, gas, electricity and telecommunications, that may serve the Property and any other Property.
2.4The Tenant is granted the shared use of the following Common Parts: the lobby, but must use them in a proper manner and the Landlord has the right to change or close any Common Parts on providing suitable alternative amenities.
3.1The Landlord agrees, subject to the Tenant paying the rent and observing and performing the obligations set out in this Lease, to allow the Tenant to possess and use the Property without lawful interference from the Landlord or any person deriving title under or in trust for him.
The Landlord undertakes to pay for the water and sewage costs which will be passed on in fair proportion to the tenant. Currently this is a third of the bill.
The Landlord undertakes to pay the insurance for the structure of the building only. The Tenant is responsible for payment of all other insurance including (but not exclusively) contents, employer liability and public liability.
4.1The Tenant will pay:
4.1.1the Rent at the times and in the manner set out in the Particulars without any deduction or set-off; In the case of the automatic payment of the rent, by standing order (or whatever automatic payment is called), not occurring it remains the responsibility of the tenant to make arrangements for payment and contact with the Landlord whether the Rent has been formally demanded or not.
4.1.2all charges for electricity, gas, telephone and other services used at or in relation to the Property and will pay a fair proportion of any water / sewage which relate to both the Property (currently a third share) and any other property;
4.1.3 the tenant is entirely responsible for the insurance of their stock and possessions held in the property. They have no claim against the Landlord no matter how that damage is caused.
4.1.2value added tax chargeable on the Rent (if applicable) and on any other sums payable under this Lease at the same time as the sum on which it is charged;
4.1.3interest at the Interest Rate on any sum due under this Lease when more than 14 days overdue from the date when it was due to the date of payment;
4.1.4all costs and expenses (including professional fees) incurred by the Landlord in relation to:
(a)every application made by the Tenant for an approval or consent whether the same be granted or not;
(b)the preparation and service of any notice of a breach of the Tenant's obligations under this Lease, even if forfeiture is avoided otherwise than by court order;
(c)any steps taken in connection with the preparation and service of a Schedule of Dilapidations during or after the expiration of the Term ;
4.1.5the Deposit which will be repaid at the end of the Term with a reasonable rate of interest but the Landlord shall be entitled to make deductions to cover unpaid rent and the costs of remedying any breaches by the Tenant under this Lease.
4.2It is agreed that the tenant will pay the business rates to the local authority in respect of the Property.
5.1The Tenant undertakes not to:
5.1.1build or erect any additional building or structure on the Property;
5.1.2make any other alterations, additions or improvementsto the Property unless approved in writing by the Landlord (which consent must not be withheld unreasonably);
5.1.3apply for or implement any planning permission in respect of the Property without the Landlord's prior written consent;
5.1.4share occupation of, part with possession of or assign or sublet the whole or any part of the Property;
5.1.5do anything which may invalidate any policy of insurance relating to the Property or which may increase the premiums for that insurance.
5.2The Tenant will not use the Property for any purpose other than the Permitted Use.
5.3The Tenant undertakes to maintain the Property in good condition including the repainting of the property every two years and the maintenance of all electrical points, water and sewage piping, .
The tenants is responsibile to ensure that the shop complies with statutory and local authority regulations with regard to use. This includes (but is not exclusive of) planning consent, health and safety regulations etc. (It is recommended this is done before the tenancy agreement is entered into).
5.5The Tenant will not do or permit anything to be done which may become a nuisance, annoyance, disturbance or inconvenience to the Landlord or to the owners or occupiers of any adjacent or neighbouring Property.
5.5The Tenant will not use the Property for a sale by auction or for any dangerous, noxious, noisy or offensive trade or business, nor for any illegal or immoral act or purpose. The Tennant will not cause undue disturbance to neighbours (including the residential properties above), including (but not exclusive of) noise, smells etc. This must also take into account any activity outside the normal trading hours of 8am to 6pm.
5.6The Tenant will restore the property to their original design prior to the reversion of the tenancy agreement.
5.7The Tenant will not permit (save in the ordinary course of the Tenant's business and then only in accordance with all relevant laws and regulations) any contaminative or hazardous substances to be on or to be discharged from the Property and the Tenant will not otherwise cause contamination or pollution at or from the Property.
5.7The Tenant is permitted to display notices or advertisements in the shop windows of the Property and a shop sign on the outside of the building above the window. But they must be removed and the external format restored to its previous condition prior to the termination of the tenancy. It is the tenants duty to ensure that the process of attachment and contents of display of any sign comply with statutory and local legislation and regulations.
5.8The Tenant will not overload the walls or floors of the Property.
5.9The Tenant will comply with all legislation applicable to the Tenant's use of the Property.
5.10The Tenant will immediately give the Landlord a copy of any notice relating to the Property or any neighbouring Property as soon as he receives it and will also notify the Landlord as soon as reasonably practicable of any damage to the Property.
5.11During the last month of the Term the Tenant will allow the Landlord to display a notice for re-letting or sale of the Property in a reasonable position on the outside of the Property.
5.12If the Tenant fails to carry out any work required to be done under this Lease and the Landlord serves a written notice on the Tenant requiring him to do so, then if within one month of service of such notice the Tenant shall fail to comply with the notice, the Landlord shall be entitled to enter the Property and execute such work as may be necessary to comply with the notice and the Tenant will pay the Landlord on demand, as a debt, all costs and expenses incurred by the Landlord.
5.13The Tenant is responsible for the insurance of the contents of the property and all matters relating to its trading, including (but not exclusively) employers and public liability. The Landlord is responsible for insurance of the structure.
5.14To keep the rear yard/garden in reasonable order And not to allow trees to take root in the back garden nor plants to get of an excessive height. Nor to allow ivy, or other climbing plant to grow on any external part of the building.
The Tenant will allow the Landlord or any person authorised by him in writing to enter the Property for the purposes of ascertaining that the terms of this Lease have been observed and performed and for all other reasonable and proper purposes, during normal working hours following seven days' written notice (except in emergency) and any damage caused to the Property and any goods there in exercising these rights must promptly be made good.
If the Property is or the Common Partsare damaged or destroyed (other than as a result of anything the Tenant does or fails to do) making the Property unfit for the use allowed:
7.1the Rent or an appropriate proportion of it will cease to be payable until the Property is or the Common Partsare fit for use;
7.2if it is likely to take more than three months to make the Property or the Common Parts fit for use either the Landlord or the Tenant may end this Lease by giving written notice to the other and the Landlord's obligation to repair or reinstate the Property ceases.
The Landlord may forfeit this Lease by re-entering the Property, which the Landlord is entitled to do if:
8.1payment of any Rent is fourteen days overdue, whether formally demanded or not;
8.2any of the terms of this Lease are not complied with by the Tenant;
8.3the Tenant (being an individual and if more than one, any of them) becomes bankrupt or enters into an arrangement or composition with creditors;
8.4the Tenant (being a company and if more than one, any of them) goes into liquidation (unless for the purpose of amalgamation or reconstruction when solvent), or has a receiver or administrative receiver appointed or has an administrative order made in respect of it.
On re-entry the Term will end but forfeiture of this Lease does not cancel any outstanding obligations of the Tenant or any Guarantor.
9END OF LEASE
9.1 When this Lease comes to an end the Tenant will give vacant possession of the Property to the Landlord in the condition in which this Lease requires the Tenant to keep it and will remove anything the Tenant fixed to the Property and make good any damage which that causes.
Where a Guarantor has been named in the Particulars the Guarantor agrees to compensate the Landlord for any loss incurred as a result of the Tenant failing to comply with an obligation in this Lease during the Term or any statutory extension of it. If the Tenant is insolvent and this Lease ends because it is disclaimed, the Guarantor agrees to accept a new lease, if the Landlord so requires, in the same form but at the rent then payable. Even if the Landlord gives the Tenant extra time to comply with an obligation, or does not insist on strict compliance with terms of this Lease, the Guarantor's obligation remains fully effective.
Any notice to be given under this Lease may be served in accordance with Section 196 of the Law of Property Act 1925 (as since amended).
12.1The Landlord and Tenant agree that the Landlord and Tenant Act 1954 sections 24 to 28 do not apply.
12.2The Landlord has served on the Tenant a notice in the form, or substantially in the form, set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (“the Order”).
12.3The requirements specified in Schedule 2 to the Order have been met in that the Tenant has made the appropriate declaration in the form, or substantially in the form, set out in Schedule 2 to the Order.
SIGNED as a deed by/on behalf of the Landlord:
On this date:
SIGNED as a deed by/on behalf of the Tenant: