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Tuesday 4 March 2014

My lease on my trespassed premises runs out on April 4th 2014

Can anyone find me a lawyer - I need assistance to speed up the system before it's too late.

This is the spaceshift... lease

PARTICULARS
A.        The Landlord
COMMUNITY HOUSING ASSOCIATION LIMITED of 100 Chalk Farm Road London NW1 8EH

B.        The Tenant
JO   GAVIN   and   CHANTAL   CRACY   both   of  32 Tonbridge House Tonbridge Street London WC1 9PB

C.        The Sureties
None

I).
The Demised Premises
ALL THAT shop on the ground floor and basement of 106/108 Cromer Street London WC1 and being more particularly described in clause 2 hereof.
E.         Contractual Term        :    From the date hereof until        7th  April 2014
F.         Rent
Nine Thousand Pounds (£9000) per annum

G.        Review Date
7th April 2009

H.        Review Period
Every fifth year from the Review Date

I.         Permitted User
Cafe (and tea bar) falling within Class A3 of the Town and Country Planning (Use Classes) Order 1987
THIS LEASE dated                       8th April    2004        2004
is made BETWEEN The Landlord whose name and address appears in A of the Particulars of
one part and The Tenant whose name and address appears in B of the Particulars of the other
part
1. DEFINITIONS
1(1)     The expressions "the Landlord" and "the Tenant" shall wherever the context so admits
include the reversioner  for the time  being and  the Tenant's  successors  in title
respectively and if the Tenant is more than one person their respective covenants and
obligations hereunder shall be deemed to be joint and several 1(2)     The expression "the Demised Premises" shall include inter alia where the context so
admits for the purposes of obligation as well as grant:-
the internal plaster covering the exterior and interior loadbearing walls
all non-loadbearing walls
the coverings of the ceilings
the coverings of the floors and the boards and screed of such floors
all shop fronts and display cases all fascias all windows and window frames all
doors and door frames
all conduits within and exclusively serving the Demised Premises up to the point
of connection with the common or public system
all fixtures and fittings and plant equipment and machinery in the nature of the
Landlords'   fixtures   including   if applicable   all   escalators  all   heating  air
conditioning  and  ventilating  equipment  and  all  electrical   and  mechanical
installations ana other plant equipment and machinery within and exclusively serving the Demised Premises (h)       all sprinkler systems and fire detection and prevention equipment fire fighting
equipment and hoses within the Demised Premises (i)        the toilet accommodation within the Demised Premises including all sanitary
equipment and other apparatus therein (j)        all additions alterations and improvements to the Demised Premises made at any
time
1(3) The expression "the Landlords Surveyor" shall mean any person or a firm of surveyors appointed by or acting for the Landlord including an employee of the Landlord to perform the function of a Surveyor for any purpose of this Lease
1(4) The expression "Interest" shall mean interest at the rate of five per centum per annum above the base rate of Barclays Bank PLC from time to time during the period from the date on which the expenditure is incurred or from such other date may be specified or from which the interest is to run to the date of payment as well before as after any judgment 1(5) Reference to any right exercisable by the Landlord shall where the context so admits
include the exercise of such rights by all persons authorised by the Landlord 1(6)     Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any regulations or orders made thereunder 1(7)     Any covenant by the Tenant not to do an act or thing shall be deemed to include an obligation not to suffer such act or thing to be done
1(8) The expression "the term" shall mean the term of years hereby granted and any statutory or other continuation or extension thereof
1(9) The expression "the Town and Country Planning Acts" shall mean the Town and Country Planning Act 1990 and the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 and the Town and Country Planning (Hazardous Substances) Act 1990 and all statutes referred to therein and all statutes regulations and orders included by the application of clause 1(6) hereof and the expression 'Development' shall have the meaning given to it by the Town and Country Planning Acts
1(10) Any reference to parting with possession shall be deemed to include sharing possession and any occupation by a licence
1(11) The expression "the insured risks" mean loss or damage by or in consequence of fire and such other risks as the Landlord may deem desirable or expedient including three years loss of rent and architects and surveyors fees and demolition clearance and similar expenses
1(12)   The expression "the Particulars" means the foregoing particulars hereof
2. DEMISE AND PREMISES
In consideration of the Tenant's covenants herein contained the Landlord demises unto
the Tenant ALL THOSE premises details of which appear in D of the Particulars (hereinafter
called "the Demised Premises") which premises are for identification purposes only shown
edged red on the plan annexed
SUBJECT TO all easements and similar rights and privileges which the Demised Premises are
or may be subject to and in particular to rights of the Landlord and its tenants of neighbouring
premises the free and uninterrupted passage of water gas and electricity through the pipes and
wires which are now or may hereafter be on the Demised Premises and the right for the
Landlord at all reasonable times on notice to the Tenant to enter upon the Demised Premises
with or without workmen and others to inspect repair maintain or renew such wires pipes and
other services TOGETHER WITH the following rights:-
2(1) the right of free passage and running of water and soil in and through the sewers drains and channels upon through or under adjacent premises of the Landlord and uninterrupted use of all gas electric telephone and other pipes wires and cables upon through or under adjacent premises of the Landlord
2(2) Subject to such regulations as may be made by or on behalf of the Landlord from time to time
2(3) The right of subjacent and lateral support and shelter and protection from the elements for the Demised Premises
2(4) The right (but only if and so far as the Landlord is able to grant the same) to place table and chairs on the pavement area in front or the Demised Premises for use during business hours by customers of the Tenant's business carried on at the Demised Premises Provided that public rights of way are not obstructed or affected
3. TERM
The term for which the premises are demised is as shown in E of the Particulars subject
to the right of the Landlord to determine the term as hereinafter appearing
4.RENT
The rent payable throughout the term will be at the rate per annum set out in F of the Particulars
5.    TENANTS COVENANTS
The Tenant hereby covenants with the Landlord as follows : 5(1)     RENT
To pay the rent as before mentioned by bankers standing order by equal quarterly payments in advance on the usual quarter days without any deduction the first payment to be made on the date hereof to be a due proportion of the rent for the period from the date hereof up the quarter day next following the date hereof provided that if and so long as the amount of the rent which the Tenant is liable to pay shall be restricted by law the Tenant shall in lieu of the rent hereby reserved pay the maximum amount of rent which such restrictions may from time to time allow and to pay as rent the service charge payments as provided for in clause 6 below 5(2) OUTGOINGS
To pay and indemnify the Landlord against all existing and future rates taxes and similar outgoings payable in respect of the Demised Premises whether parliamentary local or otherwise and whether or not of a capital or non-recurring nature or of a wholly novel character which are now or may hereafter be payable (excluding any tax levy or imposition payable upon the Landlord's interest in reversion) and to repay to the Landlord on demand a fair proportion (to be determined by the Landlord's Surveyor) of any rates and other charges as aforesaid which may be assessed in respect of the Demised Premises together with other land or property 5(3)     INSURANCE (a)       To repay forthwith upon demand by the Landlord or its agents a due proportion (to be
assessed by the Landlords Surveyor) of the premium and amounts paid by the Landlord
in respect of its carrying out its obligations relating to insurance contained in Clause 7(2)
To insure and keep insured in a reputable insurance office approved by the Landlord the
plate glass windows of the Demised Premises and all other parts of the Demised
Premises which the Tenant is obliged to repair against damage and destruction to the full
replacement value thereof in some insurance office of repute for breakage and third
party risks and for such other risks as the Landlord may reasonably require and to
produce the policy and the last premium receipt to the Landlord on demand but save as
aforesaid not to effect or maintain any insurance in respect of the Demised Premises
(except as to the Tenants' trade fittings or stock)
To insure and at all times keep insured in a reputable insurance office approved by the
Landlord the Demised Premises against all third party public and occupiers liability risks
for such sum as may be reasonably required by the Landlord from time to time
5(4)     USE
Not to use or permit (whether on assignment or otherwise) the Demised Premises for
any purpose other than as defined in I of the Particulars
Not to do on the Demised Premises anything which may be a nuisance or cause danger
injury damage or unreasonable noise to the Landlord or its tenants or any neighbouring
owner or occupier
Not to use or permit or suffer to be used the Demised Premises as a betting shop or as
offices in connection with the business of turf commission agents or pools promoters
nor as a job centre or as taxi or mini cab offices nor for any noxious noisy or offensive
trade or business nor for any illegal or immoral act or purpose and not to allow on the
Demised Premises anything which is combustible inflammable radio active or explosive
Not to place material at the Demised Premises or the Service Area in such manner as to
overload the floor or any other part of the Demised Premises or overload the supplies
thereto
Not to discharge anything into the drains or sewers serving the Demised Premises which
will be corrosive or harmful or which may cause any obstruction or deposit
Not to place store exhibit or hang any goods or things for sale or otherwise outside the
Demised Premises nor to leave any rubbish or waste in any open part of or outside the
Demised Premises except for trade refuse in a suitable dustbin or other covered
receptacle or storage rooms as have been designated by the Landlord and to ensure that
all such rubbish or waste is collected or otherwise regularly removed from the Demised
Premises not less frequently than once a day
Not to carry on upon the Demised Premises any trade or occupation or to do any other
thing which may make void or voidable the insurance of the Demised Premises against
the insured Risks nor without the prior written consent of the Landlord (which consent
may be subject to conditions) to do anything on the Demised Premises which may
render any increased or extra premium payable for such insurance
(h) Not to reside or sleep at the Demised Premises
(i) Not to open the Demised Premises for trading before 7.30 in the morning or after 11.00
at night and to keep the Demised Premises fully stocked and to maintain a window
display which is attractive to the general public (j) Not to store or bring or suffer to be stored or brought into the Demised Premises any
articles of a specially combustible inflammable or dangerous nature nor to store or bring
or suffer to be stored or brought into the Demised Premises any machinery engines or
motors except such as are usual in connection with the purpose tor which the Demised
Premises are authorised to be used pursuant to this lease (k)       Not to use any loudspeakers television sets radios or other devices so has to cause
nuisance or annoyance or so as to be audible outside the Demised Premises (1)        To keep the Demised Premises sufficiently heated at all times to prevent freezing of
water in pipes and fixtures therein. (m)      Not to cover any windows of the Demised Premises by posting or fixing of notices or
advertisements thereto or painting thereon to a greater extent than ten per cent of the
area of each such window, (n)       Not to allow any trolleys provided by the Tenant for the use of customers to be left or
stored outside the Demised Premises and to take all necessary steps to ensure that such
trolleys are at all times immediately collected and returned to the Demised Premises if
left outside the Demised Premises by any party.
5(5)     WASTE AND ALTERATIONS
Not to commit any waste to the Demised Premises nor erect any new buildings or
structures thereon nor make any structural alterations or additions thereto
Not without the previous consent in writing of the Landlord to make any alteration in or
addition to the Demised Premises or in the layout or arrangement of the Demised
Premises nor any alteration or addition to the Demised Premises which shall alter the
external appearance thereof nor to add to or alter any new additions or alterations
effected or made in pursuance of the consent of the Landlord nor to annex the Demised
Premises to other premises and the Tenant shall obtain and comply with all necessary
consents of any competent authority and making an application supported by drawings
and where appropriate a specification in duplicate and paying the reasonable fees of the
Landlord and any mortgagee and their respective professional advisors and to the Tenant
entering into such reasonable covenants as the Landlord may require as to the execution
of the alterations
To remove any erection or alteration made in breach of the foregoing or in respect of
which the permission of the relevant planning authority is withdrawn or lapses and to
comply with every order of such authority requiring the removal or demolition of or
other work in connection with such erections or alterations and in all such cases to make
good all damage caused by such removal demolition or other work and to restore all
parts of the Demised Premises affected thereby to a condition consistent with the
covenants in these Presents as to repair and decoration
Provided that if pursuant to sub-paragraph 5(6)(b) hereof the Tenant applies for the Landlord's consent to the making of any substantial alteration or addition to the Demised
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Premises the Landlord shall be entitled as a condition of giving such consent to require
the Tenant to provide security to the satisfaction of the Landlord for the carrying out and
completion of the works proposed by the Tenant (d)       Not to puncture or pierce the walls plaster or wall coverings of the Demised Premises or
do anything which may injure pierce penetrate or bridge any damp proofing membrane
within the walls of the Demised Premises 5(6)     REPAIRS AND MAINTENANCE AND DECORATION
To be responsible for any damage caused to the Landlord or the owners and/or occupiers
of adjoining premises by the bursting overflowing or obstruction of any part of the water
sanitary or heating installations on the Demised Premises by the act omission neglect of
the Tenant its servants or agents
To cleanse and keep clean and to put and keep in good and substantial repair decoration
and condition and renew as necessary the Demised Premises and every part (including
cleaning repointing and treating of all outside brickwork plasterwork and stonework of
the shop front of the Demised Premises) with all necessary reparations and cleansing
and rebuilding works and amendments whatsoever (regardless of the age or state of
dilapidation of the Demised Premises for the time being) and to replace from time to
time all Landlords fixtures and fittings and appurtenances in the Demised Premises
which may be or become beyond repair at any time during the term or at the
determination of the term
At least once in every consecutive period of three years during the term and the last year
of the term to decorate all the interior surfaces of or within the Demised Premises
requiring the same for their proper maintenance which are painted or otherwise treated
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with a suitable paint or preservative appropriate to the finish thereof and in such colours as shall be approved by the Landlord)
To replace by rebuilding or reinstating the whole or any part of the Demised Premises
notwithstanding that such works may be necessary by reason of a patent or latent defect
or otherwise and notwithstanding that the necessary remedial work amounts to an
improvement
Forthwith to enter into and thereafter to maintain comprehensive maintenance contracts
in forms approved by and with reputable contractors approved by the Landlord for the
maintenance and repair of all plant within the Demised Premises and to produce upon
demand to the Landlord the receipt for the current year's premium and a copy of the
relevant contract and of any reports made by the contractors and to comply with the
recommendations of such contractors
At least once in every week and as and when necessary to keep all windows and glass of
the Demised Premises clean both inside and outside and unobstructed and to keep in
good and safe repair all electricity cables conducting media and meters exclusively
serving the Demised premises and to indemnify the Landlord against all liability
howsoever arising from any failure to repair of the misuse or over-loading of the said
cables
Without prejudice to the generality of the foregoing to procure that all electrical and
mechanical installations and equipment within the Demised Premises be properly and
regularly serviced and maintained by qualified persons approved by the manufacturers of
such installations and equipment and by the insurers of the Demised Premises
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5(7)     REGULATIONS
To observe and procure that all occupiers of the Demised Premises and persons doing business thereat observe the reasonable regulations from time to time made by the Landlord with regard to the occupation management and security of the Demised Premises and neighbouring property 5(8)     YIELDING UP
At the end or sooner termination of the term to deliver up the Demised Premises with vacant possession clean and in repair and decorated as aforesaid (damage by an insured risk excepted unless payment of the insurance money is wholly or partially withheld wholly or partially through any act or default of the Tenant its servants or agents or any other person under its control) having first replaced any Landlords' fixtures and fittings which may be missing or damaged with others of a similar kind and quality and having made good any damage resulting from the removal of any tenants fixtures or fittings 5(9) ADVERTISEMENTS AND AERIALS ETC.
Not to exhibit any advertisement notice or sign outside the Demised Premises or inside the Demised Premises so as to be seen from the outside nor to install any flag pole outside television or radio aerial on the Demised Premises Provided That the Tenant may display its name and/or details of its business on the area of the Demised Premises immediately above the shop window thereof subject to such sign being of a size type and location to be approved by the Landlord in its absolute discretion 5(10) ASSIGNMENTS ETC. (a)       Not to assign underlet part with or share possession nor charge part only (as distinct
from the whole) of the Demised Premises
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Not to underlet the whole of the Demised Premises
Not to assign the whole of the Demised Premises without the consent of the Landlord
which shall not be unreasonably withheld and to procure that any assignee of the
whole of the Demised Premises shall covenant by deed with the Landlord to pay the
Reserved Rent and other sums made payable hereunder and to observe and perform all
the covenants on the part of the Tenant and the conditions herein contained and that if
such assignee is a corporate body and the Landlord shall so require to procure that at
lease two directors or other persons or a company acceptable to the Landlord join in
such deed to guarantee the covenants of such assignee in such form as shall be
required by the Landlord
PROVIDED
(i)        that the Landlord shall be entitled to require the Tenant to enter into an authorised guarantee agreement as described in Section (16) Landlord and Tenant (Covenants) Act 1995 and (ii)       that the intended assignee shall (if the Landlord reasonably so requires)
provide a 12 month rent deposit or similar security and
(iii) in any event that the Landlord may withhold its consent where (in the reasonable opinion of the Landlord) the proposed assignment will cause a decrease in the value of the Landlord's reversion
PROVIDED that the Tenant shall if so required by the Landlord enter into an authorised guarantee agreement as described in Section (16) of the said Act PROVIDED FURTHER that on assignment shall be entitled:
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in the case of an assignment to an individual or individuals to require that the assignee
be at least two individuals each having an income (at the date consent is requested for
the assignment) independent of the business permitted to be carried on at the Demised
Premises in excess of three times the rent passing under this Lease (at the date consent
is required for the assignment) or
in the case of a company either:
(i) that two directors having an income (at the date consent is requested for the assignment) independent of the business permitted to be carried on at the Demised Premises in excess of three times the rent passing under this Lease (at the date consent is requested for the assignment) shall stand as sureties for the intended assignee and shall covenant to accept a new Lease of the Demised Premises upon disclaimer of this Lease if so required by notice to the sureties within three months after such disclaimer such new Lease to be for the residue of the Term unexpired at the date of such disclaimer and at the rents then payable and subject to the terms of this Lease in every respect and to be granted at the cost of the sureties in exchange for a counterpart duly executed by the sureties; and
(ii) to require that the intended assignee company produce audited accounts for the three years immediately preceding the date on which consent is requested for the assignment evidencing net profits (before the payment of any dividend) of not less than three times the rent passing under this Lease at the date of such assignment
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PROVIDED THAT provisos (A) and (B) above shall not apply in the case of either an assignment to an individual or company where either provide a rent deposit equivalent to two year's rental (at the date consent is requested for the assignment) to be held for such time as the individual or company remain the Tenant under this Lease upon terms contained in a deed reasonably acceptable to the Landlord such deed to include (without limitation) a provision that in the event of insolvency the Landlord can immediately forfeit the balance of the deposit monies 5(11) REGISTRATION OF DOCUMENTS
Within one month of every assignment transfer or charge affecting the demised Premises or any devolution of the estate of the tenant therein and every surrender terminating any derivative mediate or immediate estate or interest in the demised Premises or any devolution of such estate or interest to give notice in writing with particulars thereof to the landlord's solicitors and produce such assignment transfer or charge or Probate of the will or letters of Administration or other document or evidence of such devolution or surrender with a certified copy thereof and to pay to the Landlord's solicitors in respect of every such assignment charge devolution or surrender a reasonable registration fee being not less than twenty pounds plus V.A.T. 5(12) RIGHT OF ENTRY FOR INSPECTION ETC.
(a)    To permit the Landlord to enter the Demised Premises for the purpose of inspecting the
state and condition and repair thereof
(b)    Within two months after written notice thereof or forthwith in an emergency to remedy
any breach of covenant for which the Tenant is liable and that in case of default the
Landlord may enter the Demised Premises and remedy the breach and all expenses in
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connection therewith shall be paid by the Tenant to the Landlord and shall be
recoverable as rent in arrear (c)       To permit the Landlord and Tenants and occupiers of the Development and those
authorised by them at any time upon not less than forty eight hours prior notice (except
in case of emergency) to enter upon the Demised Premises:-
(i)        to comply with covenants contained in other leases of adjoining property
(ii)       to examine decorate repair and rebuild the structure of the Demised Premises or any adjoining or neighbouring property
(iv)      for the purpose of inspecting repairing renewing connecting to cleansing altering or constructing conduits in over upon or under the Demised Premises
(v)       to measure the Demised Premises
(vi)      for any other reasonable purpose Subject to the person or person exercising such
right making good all damage thereby occasioned to the Demised Premises 5(13) ON EXPIRY OR SALE OF REVERSION
To allow the Landlord to enter on the Demised Premises at any time within six months next before the end of the term or at any time when the Landlord wishes to sell the reversion and to fix thereon a noticeboard for re-letting or selling the same which shall not be removed or obscured but which shall not be fixed in such a position as to interfere with the Tenant's business or beneficial occupation 5(14) COMPLIANCE WITH STATUTES ETC.
To comply in all respects with the provisions of all Statutes for the time being in force and any requirements of any competent authority relating to the Demised Premises or any part thereof and the use thereof and anything contained therein and not to do or omit or suffer to be
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done or omitted on or about the Demised Premises any act or thing by reason of which the Landlord may under any enactment incur or have imposed upon it or become liable to pay any levy penalty damages compensation costs charges or expenses and so far as the law allows to indemnify the Landlord against all liability in respect thereof and in particular against any liability under the Offices Shops and Railway Premises Act 1963 the Factories Act 1961 and the Health and Safety at Work etc. Act 1974 relating to the Demised Premises 5(15) EXPENSES
To pay all reasonable and proper expenses incurred by the Landlord or any mortgagee and their respective professional advisors in connection with any notice or proceedings (or any such costs incurred in contemplation thereof) under S.146 and S.147 of the Law of Property Act 1925 or in connection with any breach of covenant by the Tenant (whether or not relief is granted by the Court) or preparation and service of any justifiable schedule of dilapidations and in connection with every consent applied for under this Lease and to repay forthwith upon demand by the Landlord the cost to the Landlord (including but without prejudice to the generality of the foregoing the fees of any bailiff solicitor Counsel or other person engaged by the Landlord) of effecting the recovery of any arrears of rent service charge cost of insurance or any other monies due from the Tenant to the Landlord under the provisions of this Lease 5(16) TOWN PLANNING (a) At all times during the term to comply with the provisions and requirements of the
Town and Country Planning Acts (and the conditions thereof) relating to or affecting :
(i)        the Demised Premises or
(ii)       any operations works acts or things carried out executed or done or omitted on the Demised Premises or
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(iii)      the use of the Demised Premises
During the term as often as occasion requires at the Tenant's expense to obtain and if
appropriate renew all planning permissions and bye-law or other necessary consents and
serve all notices required for the carrying out by the Tenant of any operations permitted
under the terms of this lease or the institution or continuance by the Tenant of any use on
the Demised Premises permitted by this lease
To pay and satisfy any charge imposed under the Town and Country Planning Acts in
respect of the carrying out of maintenance by the Tenant of any such operation or the
institution or continuance by the Tenant of any such use mentioned above
As soon as the same comes to the attention of the Tenant to notify the Landlord of any
order direction proposal or notice under the Town and Country Planning Acts served on
or received by the Tenant or coming to the Tenant's notice which relates to the Demised
Premises and to produce to the Landlord if required any such order direction proposal or
notice in the Tenant's possession
Immediately on receipt from any public authority of any notice order communication or
proposal of any nature affecting the Demised Premises to send a copy of the relevant
document to the Landlord
Not to apply for any Planning permission which will or may render the Landlord liable
to tax or any future tax or levy based upon the realisation of the development value in
land
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5(20) INDEMNITY
To keep the Landlord indemnified from and against all expenses loss and claims arising directly or indirectly from any breach of covenant on the part of the Tenant herein contained or from the use of the Demised Premises or out of any works carried out at any time during the term to the Demised Premises or out of anything now or during the term attached to or projecting from the Demised Premises which arises from any act neglect or default by the Tenant or by their respective servants or agents 5(21) FIRE FIGHTING
To keep the Demises Premises supplied and equipped with all fire fighting and extinguishing appliances from time to time
required by law or
reasonably required by the Insurers of the Demises Premises such appliances being kept
open to inspection and properly maintained and not to obstruct or permit or suffer to be
obstructed the access to or means of working such appliances or the means of escape
from the Demised Premises in case of fire
5(22) TO PAY COST OF REBUILDING IF INSURANCE AVOIDED
In the event of the Demises Premises or the building in which they are situate or any neighbouring premises or any of them or any part thereof being destroyed or damaged by any of the Insured Risks and the insurance money under any policy of insurance effected thereon by the Landlord being by reason of any act neglect default or omission of the Tenant wholly or partially irrecoverable forthwith in every such case to pay to the Landlord on demand the cost of rebuilding and reinstating the building or buildings so destroyed or damaged such rebuilding works to be carried out by and in accordance with the requirements of the Landlord and the
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Tenant being allowed towards the expenses of so doing (upon such rebuilding and reinstatement being completed) the amount (if any) actually received by or on behalf of the Landlord (other than in respect of loss of rent) under any such insurance as aforesaid in respect of such destruction or damage 5(23) TO COMPLY WITH NOTICES
To comply at the Tenant's own expense with any statutory notice order or other requirement lawfully served by a competent authority upon either the Landlord or the Tenant concerning the Demised Premises and forthwith to provide the Landlord with a copy of any such notice order or requirement served upon the Tenant and at the request of the Landlord to make or join with the Landlord in making such objections or representations against or in respect of any such notice order or requirement as aforesaid as the Landlord shall deem expedient 5(24) EVIDENCE OF COMPLIANCE WITH COVENANTS
To produce upon demand reasonable evidence of compliance with the covenants and conditions herein contained 5(25) SUBSTITUTION OF SURETY
To notify the Landlord within twenty one days of any of the following events:-
If any Surety being an individual or individuals shall become bankrupt or make any
arrangement for the benefit of or enter into any arrangement with its creditors either by
composition or otherwise
any Surety being an individual or individuals shall die
If any Surety being a Company or corporate body shall be wound up either voluntarily
(except as a solvent company for the purpose of amalgamation or reconstruction) or
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compulsorily or shall for any reason be removed from the Register of Companies and if the Landlord so requires them at the Tenant's expense within twenty eight days to procure that some other person or company reasonably acceptable to the Landlord shall execute a guarantee in the form of the covenants in clause 8 below 6.        PROVISOS 6(1)     PROVISO FOR RE-ENTRY
If the whole or any part of the rent shall be unpaid for 21 days after becoming payable whether formally demanded or not or if the Tenant Being a company) shall enter into liquidation whether compulsory or voluntary (except as a solvent company for the purpose of amalgamation with any other company or for the purpose of reconstruction) or an administration order shall be made in respect of the Tenant or if any person shall become entitled to exercise the powers of an administrative receiver or (not being a company) shall become bankrupt or if the Tenant shall make any arrangement with its creditors or shall permit any execution to be levied on the Demised Premises or if there shall be any breach of any of the Tenant's covenants the Landlord may at any time thereafter re-enter upon the Demised Premises or any part thereof and this demise shall thereupon terminate but without prejudice to any right of action or remedy of the Landlord in respect of any breach of covenant by the Tenant 6(2) SERVICE OF NOTICES
Any notice shall be properly served if it complies with the provisions of the Law of Property Act 1925 S. 196 as amended by the Recorded Delivery Service Act 1962 or the Landlord and Tenant Act 1927 S.23
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f ae Demised PKmixs or any pan thcreof sm ^ dearoyed or ^ ^ ^ ^ ^
other risk for which th<
^ises so as to be unfit for occupation or use then unless the insurance of the Demised
hereby reserved or a fair and just proportion thereof according to the nature and extent of the
damage sustained shall be suspended and cease to be payable until the Demised Premises or
damaged portion thereof shall have been reinstated or made fit for occupation or until the third
anniversary of such destruction or damage whichever shall be the sooner
6(4)     DAMAGE FROM SERVICES
The Landlord shall not be liable to the Tenant or any other person claiming through the
Tenant for any damage which may be caused by stoppage or defect of any plant or machinery in
or service to the Demised Premises or any neighbouring premises where the same is beyond the
control of the Landlord
6(5)     LANDLORD'S LIABILITY
(a) In any case where the facts are or should reasonably be known to the Tenant and not reasonably known by the Landlord the Landlord shall not be liable to the Tenant in respect of any failure of the Landlord to perform any of its obligations to the Tenant hereunder whether express or implied unless and until the Tenant has notified the Landlord of the facts giving rise to the failure and the Landlord has failed within a reasonable time to remedy the same
(b)       The Landlord shall not be responsible to the Tenant or to its servants agents licensees invitees customers or visitors for any accident injury damage or loss caused to them or
24
their chattels property or goods sustained at or in the vicinity of the Demised Premises
and in particular will not be liable for any damage to motor vehicles within the Service
Area howsoever arising (c)       The Landlord shall not be liable to the Tenant or any other person claiming through the
Tenant on account of any diminution of light or air enjoyed at the Demised Premises or
otherwise in consequence of the erection or alteration of any adjoining or neighbouring
property or any other works carried out thereto 6(6)     GENERAL
Nothing in this Lease shall render the Landlord or the Tenant liable in respect of any of the covenants conditions or provisions contained in these presents if their performance and observance becomes impossible or illegal under the Town and Country Planning Acts or any other enactment but subject as above the term granted by this Lease and the rent payable by virtue of it shall not determine only because of a change modification or restriction of use of the Demised Premises or obligations or requirements made or imposed after the date of this Lease under or by virtue of any enactment 6(7) PARAGRAPH HEADINGS ETC.
Paragraph headings and any marginal notes or index do not form part of this Lease and shall not be taken into account in the construction or interpretation thereof 7.         LANDLORD'S COVENANTS
The Landlord hereby covenants with the Tenant:
7(1)     That the Tenant shall have quiet enjoyment of the Demised Premises against the Landlord and all persons claiming title through the Landlord
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7(2) To insure the Demised Premises and the Development in an insurance office of good repute or at Lloyds against the Insured risks and in the event of the Demised Premises being destroyed or damaged by any of the Insured Risks the Landlord shall with all convenient speed (subject to the availability of all necessary labour and materials and the obtaining of all necessary permissions) lay out and apply in rebuilding repairing or otherwise reinstating the Demised premises all monies received by virtue of such insurance other than monies received in respect of loss of rent Provided that the Landlord shall be under no liability to the Tenant hereunder if the insurance money under any policy of insurance effected by the Landlord shall be wholly or partially irrecoverable in the circumstances set out in 5(22) above Provided always that the Landlord shall not be under any obligation to insure any fixtures or fittings installed by the Tenant which have become part of the Demised Premises unless the Tenant shall have notified the Landlord in writing of such installation and the Landlord has agreed with the Tenant at the cost of the Tenant to effect the insurance thereof and provided further that the covenant by the Landlord as to reinstatement shall be satisfied if the Landlord provides in the premises so reinstated accommodation as convenient and commodious as is practicable but not necessarily identical to the Demised Premises as the same existed prior to such damage or destruction and provided further that if any competent authority shall lawfully refuse permission for or otherwise lawfully prevent any rebuilding or reinstatement of the Demised Premises or any rebuilding or reinstatement shall be otherwise impossible impractical or frustrated all relevant insurance monies (so far as not laid out aforesaid) shall be receivable by the Landlord for its own use and benefit absolutely
26
8.         SURETIES COVENANTS
8(1) The Sureties HEREBY JOINTLY AND SEVERALLY GUARANTEE in favour of the Landlord the payment by the Tenant and its successors in title of the rent and additional rent reserved by these presents and as from time to time revised and increased (if such be the case) and due performance and observance by the Tenant of the covenants and conditions contained in this Lease at all times and HEREBY COVENANTS that in case of default or delay on the part of the Tenant the Sureties will pay and make good to the Landlord on demand anything whatsoever which ought to be paid performed or observed as aforesaid including all losses damages and expenses thereby arising or incurred by the Landlord Provided that any neglect or forbearance on the part of the Landlord or its agents in endeavouring to obtain payment of the rent (or other payments due under the Lease) or enforcing the performance and observance of the said covenants and conditions and any time which may be given to the Sureties and/or the Tenant by the Landlord shall not release exonerate or in any way affect the liability of the Sureties hereunder
8(2) The Sureties HEREBY JOINTLY AND SEVERALLY COVENANT with the Landlord that should any liquidator or trustee in bankruptcy of the Tenant disclaim this Lease or this Lease becomes Bona Vacantia and be as such disclaimed the Sureties will with effect from the date of such disclaimer duly accept from the Landlord on demand a Lease of the premises demised by this Lease (but without the Landlord being under any obligation to grant the same) for the residue of the Term which would have remained had there been no disclaimer and containing the like covenants on the part of the Tenant and the Landlord respectively and the like provisos and conditions in all respects with the exception of this clause including the proviso for re-entry as are contained in this Lease unless the Landlord shall within three months
27
after the date of receipt of such notice of disclaimer give notice to the Sureties that the Sureties are not required to accept such Lease as aforesaid and that the Sureties will not do or omit to do anything in the way of registration of land charges or otherwise howsoever which may prejudice the enforceability of the Sureties covenants by the Landlords 8(3)     It is hereby and agreed as follows :-
that the obligations of the Sureties shall continue notwithstanding that the Tenant may
assign the Lease or may cease to exist in any way and so that the covenants shall be
deemed to impose on the Sureties the same obligations (but not confer upon him any
benefit or rights as tenant) as if this Lease had been granted direct to them as tenant
any variation in the terms of this Lease the transfer of the reversion expectant upon the
term granted by the Lease or any part thereof or any other act permission matter or thing
whatsoever whereby (but for this provision) the Sureties would be exonerated either
wholly or in part from their obligations hereunder other than by a release given under
seal by the Landlord shall not release or in any way lessen or affect the liability of the
Sureties hereunder.
that the Sureties covenants hereunder are irrevocable
9. It is hereby certified that there is no agreement for lease to which this lease gives effect
IN WITNESS whereof the Landlord and the Tenant have executed this lease as a deed the day
and year first before written.

The Common Seal of COMMUNITY HOUSING ) ASSOCIATION LIMITED was hereunto affixed ) in the presence of-r




And this is the Scarlet Maguire Lease (which was held over)

PARTICULARS
A.        The Landlord  :
COMMUNITY HOUSING ASSOCIATION LIMITED whose registered office is at 100 Chalk Farm Road London NW1 8EH

B.        The Tenant      :
JO GAVIN of 32 Tonbridge House   Tonbridge Street London WC1 9PB

C.        The Sureties    :
None

D.        The Demised Premises
ALL THOSE shop and basement premises at 104 Cromer Street London WC1 (and being more particularly described in clause 2 hereof).

Contractual Term:
6 years from theft day of jv»w*.2000

Initial Rent
Five Thousand Five Hundred Pounds (£5,500 per annum)

Review Date   :
25th March 2004.

Permitted User:
Retail Shop falling within Class Al of
the Town and Country Planning (Use Classes) Order
1987
THIS LEASE dated    8th June    2000 is
made BETWEEN The Landlord whose name and address appears in A of the Particulars of first part The Tenant whose name and address appears in B of the Particulars of the second part and the Surety whose name or names and addresses(es) appear in Part C of the Particulars of the third part 1. DEFINITIONS
1(1)     The expressions "the Landlord" and "the Tenant" shall wherever the context so admits
include the reversioner for the time being and the Tenant's successors  in title
respectively and if the Tenant is more than one person their respective covenants and
    obligations hereunder shall be deemed to be joint and several
1(2)     The expression "the Demised Premises" shall include inter alia where the context so admits for the purposes of obligation as well as grant:-
the internal plaster covering the exterior and interior loadbearing walls
all non-loadbearing walls
the coverings of the ceilings
the coverings of the floors and the boards and screed of such floors
all shop fronts and display cases all fascias all windows and window frames all
doors and door frames
all conduits within and exclusively serving the Demised Premises up to the point
of connection with the common or public system
all fixtures and fittings and plant equipment and machinery in the nature of the
Landlords'   fixtures   including   if applicable   all   escalators   all   heating   air
conditioning  and  ventilating  equipment  and  all  electrical  and  mechanical
installations and other plant equipment and machinery within and exclusively serving the Demised Premises (h)       all sprinkler systems and fire detection and prevention equipment fire fighting
equipment and hoses within the Demised Premises (i)        the toilet accommodation within the Demised Premises including all sanitary
equipment and other apparatus therein (j)        all additions alterations and improvements to the Demised Premises made at any
time
1(3) The expression "the Landlords Surveyor" shall mean any person or a firm of surveyors appointed by or acting for the Landlord including an employee of the Landlord to perform the function of a Surveyor for any purpose of this Lease
1(4) The expression "Interest" shall mean interest at the rate of five per centum per annum above the base rate of Barclays Bank PLC from time to time during the period from the date on which the expenditure is incurred or from such other date may be specified or from which the interest is to run to the date of payment as well before as after any judgment 1(5) Reference to any right exercisable by the Landlord shall where the context so admits
include the exercise of such rights by all persons authorised by the Landlord 1(6)     Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any regulations or orders made thereunder 1(7)     Any covenant by the Tenant not to do an act or thing shall be deemed to include an obligation not to suffer such act or thing to be done
1(8) The expression "the term" shall mean the term of years hereby granted and any statutory or other continuation or extension thereof
1(9) The expression "the Town and Country Planning Acts" shall mean the Town and Country Planning Act 1990 and the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 and the Town and Country Planning (Hazardous Substances) Act 1990 and all statutes referred to therein and all statutes regulations and orders included by the application of clause 1(6) hereof and the expression 'Development' shall have the meaning given to it by the Town and Country Planning Acts
1(10) Any reference to parting with possession shall be deemed to include sharing possession and any occupation by a licence
1(11)   The expression "the insured risks" mean loss or damage by or in consequence of fire and
I
such other risks as the Landlord may deem desirable or expedient including three years
loss of rent and architects and surveyors fees and demolition clearance and similar
expenses
1(12)   The expression "the Particulars" means the foregoing particulars hereof 2. DEMISE AND PREMISES
In consideration of the Tenant's and Surety's covenants herein contained the Landlord demises unto the Tenant ALL THOSE premises details of which appear in D of the Particulars (hereinafter called "the Demised Premises") which premises are for identification purposes only
shown edged red on the plan annexed «
SUBJECT TO all easements and similar rights and privileges which the Demised Premises are or may be subject to and in particular to rights of the Landlord and its tenants of neighbouring
premises the free and uninterrupted passage of water gas and electricity through the pipes and
wires which are now or may hereafter be on the Demised Premises and the right for the
Landlord at all reasonable times on notice to the Tenant to enter upon the Demised Premises
with or without workmen and others to inspect repair maintain or renew such wires pipes and
other services TOGETHER WITH the following rights:-
2(1) the right of free passage and running of water and soil in and through the sewers drains and channels upon through or under adjacent premises of the Landlord and uninterrupted use of all gas electric telephone and other pipes wires and cables upon through or under adjacent premises of the Landlord
2(2) the right (but only so far as the Landlord is able to grant the same) to use an area of the surface of the pavement immediately adjoining the shop front of the Demised Premises and extending the full width of the Demised Premises and being one and a half metres in depth (measured from the said shopfront) for the display of flowers Subject to such regulations as may be made by or on behalf of the Landlord from time to time
2(3) the right of subjacent and lateral support and shelter and protection from the elements for the Demised Premises
2(4) a right of exit in case of fire (or other emergency) only over the fire escape passages/courtyard ("the Fire Escape Areas") leading from the Demised Premises Subject to such regulations as may be made by or on behalf of the Landlord from time to time
3. TERM
The term for which the premises are demised is as shown in E of the Particulars subject
to the right of the Landlord to determine the term as hereinafter appearing

pushbar     j emergency opening bar
to fire door
I Store: no flammable i substances
Livingstone Design Group
tichltieti       UUn
Cramer House Hiliview Estate


job no.    9818 L(0)36
January 2000
Livingstone Design Group
4.RENT
4(1)     DEFINITIONS
In this Clause the following expression shall have the following meanings :-
"the Initial Rent" : the amount shown in F of the Particulars per annum payable in
respect of the period expiring on the Review Date first occurring during the term
"the Reserved Rent" : the yearly rent from time to time payable in accordance with the
terms hereof
"Review Date" : the date shown in G of the Particulars and the date of expiration of each
successive period of four years thereafter during the term but subject to the provisions of
Clause 4(5) below and the expression Review Date shall be construed accordingly
"Review Period" : the period between a Review Date and the next succeeding Review
Date of the term and the expression "Relevant Review Period" shall be construed
accordingly
"Open Market Rent" : the yearly rent at which the Demised Premises might reasonably
be expected to be let at the Review Date by a willing Landlord to a willing Tenant in the
open market with vacant possession and without fine or premium for a term equal to the
term hereby granted and having regard to open market rental values current at the
Review Date including in that limitation open market rental values of comparable retail
premises throughout the United Kingdom of Great Britain and Northern Ireland and
assuming if not the fact that:
(i)        the Demised Premises remain in existence
(ii)       that the covenants and conditions on the part of the Tenant contained in these presents have been duly observed and performed
whether in time or amount on the review of the Reserved Rent and/or the collection of
any increase in the Reserved Rent or any part thereof
4(2) From the date hereof until the Review Date first occurring during the term the Tenant shall pay the Initial Rent and from that Review Date the Tenant shall pay the Reserved Rent which shall be the Open Market Rent as hereinbefore defined
4(3) The Landlord may at any time (without being under obligation so to do) within the period of six months before or any time after the Review Date serve on the Tenant a notice in writing (hereinafter called "a Rent Notice") specifying the amount of rent payable hereunder from the Review Date and thereupon the following provisions shall have effect:-
the Tenant within twenty one days after the receipt of a Rent Notice may serve on the
Landlord a Counter-notice (time to be of the essence hereof) stating that the Tenant is
unwilling to pay the rent specified in the Rent Notice from the Review Date and calling
upon the Landlord to negotiate with the Tenant the amount of rent to be paid hereunder
as from the Review Date
if the Tenant shall fail to serve a Counter-notice within the said twenty one days it shall
be deemed to have agreed to pay the rent specified in the Rent Notice as from the
Review Date
if the Tenant shall serve a Counter-notice then the Landlord and the Tenant shall
forthwith consult together and use their best endeavours to reach agreement as to the
amount of rent to be paid hereunder as from the Review Date but failing agreement
within twenty-eight days after the service of such Counter-notice (or within such
extended period as the Landlord and the Tenant shall mutually agree) the question of the
amount of rent to be payable hereunder shall be referred to a Surveyor in the manner hereinafter mentioned
(d) the said Surveyor (whose costs shall be borne by the Tenant) who shall be nominated on the joint application of the Landlord and the Tenant (such Surveyor to be skilled in the valuation of real property and having a knowledge of the locality) or if either of them shall neglect forthwith to concur in such application on the sole application of the other of them by the President for the time being of the Royal Institution of Chartered surveyors and the Landlord and the Tenant shall forthwith submit such valuation statement of reasons or other information as shall be required by such surveyor and such surveyor shall determine the Open Market Rent of the Demised Premises at the Relevant Review Date as an expert and not as an arbitrator and his determination shall be final and binding on the Landlord and the Tenant
4(4) Whether the Reserved Rent shall be agreed or determined as aforesaid before or after the Relevant Review Date such Reserved Rent shall be paid with effect from the Relevant Review Date (and Interest shall be payable by the Tenant in respect of any increase in rent not paid on the Relevant Review Date in accordance with Clause 5(19) hereof) and no demand for or acceptance of any lesser sum by the Landlord or receipt therefor given shall operate in any way to diminish the Landlord's rights under this clause
4(5) On each on every occasion during the term that the Rent Restrictions shall prevent or prohibit either wholly or partially:-
the operation of the above provisions for review of the Reserved Rent and/or
the collection of the Reserved Rent or any installment or part thereof by the Landlord or
the retention thereof at any time after collection
then and in any such case :-
the Review Date shall be postponed to take effect on the first date or dates thereafter
upon which such review may occur and if there shall be a partial relaxation of the Rent
Restrictions there shall be a further review of the Reserved Rent on the first date
thereafter as aforesaid
the collection of any increase in the Reserved Rent shall be postponed to take effect on
the first date thereafter that such increase may be collected and/or retained in whole or in
part and on as many occasions as shall be required to ensure the collection of the whole
increase
AND until the Rent Restrictions shall be relaxed either partially or wholly the Reserved Rent
shall be the maximum sum from time to time permitted by the Rent Restrictions
4(6)     Notwithstanding the foregoing provisions the Reserved Rent payable for the Review
Period shall not be less than the amount of the Reserved Rent payable for the period
immediately preceding the commencement of such Review Period
5.    TENANTS COVENANTS
The Tenant hereby covenants with the Landlord as follows :
5(1)     RENT
To pay the rent as before mentioned by bankers standing order by equal quarterly payments in advance on the usual quarter days without any deduction the first payment to be made on the date hereof to be a due proportion of the rent for the period from the date hereof up the second quarter day next following the date hereof provided that if and so long as the amount of the rent which the Tenant is liable to pay shall be restricted by law the Tenant shall in lieu of
10
the rent hereby reserved pay the maximum amount of rent which such restrictions may from time to time allow 5(2)     OUTGOINGS
To pay and indemnify the Landlord against all existing and future rates taxes and similar outgoings payable in respect of the Demised Premises whether parliamentary local or otherwise and whether or not of a capital or non-recurring nature or of a wholly novel character which are now or may hereafter be payable (excluding any tax levy or imposition payable upon the Landlord's interest in reversion) and to repay to the Landlord on demand a fair proportion (to be determined by the Landlord's Surveyor) of any rates and other charges as aforesaid which may be assessed in respect of the Demised Premises together with other land or property 5(3) INSURANCE
To repay forthwith upon demand by the Landlord or its agents a due proportion (to be
assessed by the Landlords Surveyor) of the premium and amounts paid by the Landlord
in respect of its carrying out its obligations relating to insurance contained in Clause
7(2) hereof
To insure and keep insured in a reputable insurance office approved by the Landlord the
plate glass windows of the Demised Premises and all other parts of the Demised
Premises which the Tenant is obliged to repair against damage and destruction to the
full replacement value thereof in some insurance office of repute for breakage and third
party risks and for such other risks as the Landlord may reasonably require and to
produce the policy and the last premium receipt to the Landlord on demand but save as
aforesaid not to effect or maintain any insurance in respect of the Demised Premises
(except as to the Tenants' trade fittings or stock)
11
(c) To insure and at all times keep insured in a reputable insurance office approved by the Landlord the Demised Premises against all third party public and occupiers liability risks for such sum as may be reasonably required by the Landlord from time to time
5(4)     USE
Not to use or permit (whether on assignment or otherwise) the Demised Premises for
any purpose other than as defined in H of the Particulars
Not to do on the Demised Premises anything which may be a nuisance or cause danger
injury damage or unreasonable noise to the Landlord or its tenants or any neighbouring
owner or occupier
Not to use or permit or suffer to be used the Demised Premises as a betting shop or as
offices in connection with the business of turf commission agents or pools promoters
nor as a job centre or as taxi or mini cab offices nor for any noxious noisy or offensive
trade or business nor for any illegal or immoral act or purpose and not to allow on the
Demised Premises anything which is combustible inflammable radio active or explosive
Not to place material at the Demised Premises or the Service Area in such manner as to
overload the floor or any other part of the Demised Premises or overload the supplies
thereto
Not to discharge anything into the drains or sewers serving the Demised Premises which
will be corrosive or harmful or which may cause any obstruction or deposit
Not to place store exhibit or hang any goods or things for sale or otherwise outside the
Demised Premises nor to leave any rubbish or waste in any open part of or outside the
Demised Premises except for trade refuse in a suitable dustbin or other covered
receptacle or storage rooms as have been designated by the Landlord and to ensure that
12
all such rubbish or waste is collected or otherwise regularly removed from the Demised
Premises not less frequently than once a day (g)       Not to carry on upon the Demised Premises any trade or occupation or to do any other
thing which may make void or voidable the insurance of the Demised Premises against
the insured Risks nor without the prior written consent of the Landlord (which consent
may be subject to conditions) to do anything on the Demised Premises which may
render any increased or extra premium payable for such insurance (h)       Not to reside or sleep at the Demised Premises (i)        Not to open the Demised Premises for trading before 7.30 in the morning or after 9.30 at
night and to keep the Demised Premises fully stocked and to maintain a window display
which is attractive to the general public (j)        Not to store or bring or suffer to be stored or brought into the Demised Premises any
articles of a specially combustible inflammable or dangerous nature nor to store or bring
or suffer to be stored or brought into the Demised Premises any machinery engines or
motors except such as are usual in connection with the purpose for which the Demised
Premises are authorised to be used pursuant to this lease (k)       Not to use any loudspeakers television sets radios or other devices so has to cause
nuisance or annoyance or so as to be audible outside the Demised Premises (1)        To keep the Demised Premises sufficiently heated at all times to prevent freezing of
water in pipes and fixtures therein, (m)      Not to cover any windows of the Demised Premises by posting or fixing of notices or
advertisements thereto or painting thereon to a greater extent than ten per cent of the
area of each such window.
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(n) Not to allow any trolleys provided by the Tenant for the use of customers to be left or stored outside the Demised Premises and to take all necessary steps to ensure that such trolleys are at all times immediately collected and returned to the Demised Premises if left outside the Demised Premises by any party.
5(5)     WASTE AND ALTERATIONS
Not to commit any waste to the Demised Premises nor erect any new buildings or
structures thereon nor make any structural alterations or additions thereto
Not without the previous consent in writing of the Landlord to make any alteration in or
addition to the Demised Premises or in the layout or arrangement of the Demised
Premises nor any alteration or addition to the Demised Premises which shall alter the
external appearance thereof nor to add to or alter any new additions or alterations
effected or made in pursuance of the consent of the Landlord nor to annex the Demised
Premises to other premises and the Tenant shall obtain and comply with all necessary
consents of any competent authority and making an application supported by drawings
and where appropriate a specification in duplicate and paying the reasonable fees of the
Landlord and any mortgagee and their respective professional advisors and to the Tenant
entering into such reasonable covenants as the Landlord may require as to the execution
of the alterations
(c)    To remove any erection or alteration made in breach of the foregoing or in respect of
which the permission of the relevant planning authority is withdrawn or lapses and to
comply with every order of such authority requiring the removal or demolition of or
other work in connection with such erections or alterations and in all such cases to make
good all damage caused by such removal demolition or other work and to restore all
14
parts of the Demised Premises affected thereby to a condition consistent with the covenants in these Presents as to repair and decoration
Provided that if pursuant to sub-paragraph 5(6)(b) hereof the Tenant applies for the Landlord's consent to the making of any substantial alteration or addition to the Demised Premises the Landlord shall be entitled as a condition of giving such consent to require the Tenant to provide security to the satisfaction of the Landlord for the carrying out and completion of the works proposed by the Tenant
(d) Not to puncture or pierce the walls plaster or wall coverings of the Demised Premises or do anything which may injure pierce penetrate or bridge any damp proofing membrane within the walls of the Demised Premises
5(6)     REPAIRS AND MAINTENANCE AND DECORATION
To be responsible for any damage caused to the Landlord or the owners and/or occupiers
of adjoining premises by the bursting overflowing or obstruction of any part of the water
sanitary or heating installations on the Demised Premises by the act omission neglect of
the Tenant its servants or agents
To cleanse and keep clean and to put and keep in good and substantial repair decoration
and condition and renew as necessary the Demised Premises and every part (including
cleaning repointing and treating of all outside brickwork plasterwork and stonework of
the shop front of the Demised Premises) with all necessary reparations and cleansing
and rebuilding works and amendments whatsoever (regardless of the age or state of
dilapidation of the Demised Premises for the time being) and to replace from time to
time all Landlords fixtures and fittings and appurtenances in the Demised Premises
15
which may be or become beyond repair at any time during the term or at the determination of the term
At least once in every consecutive period of three years during the term and the last year
of the term to decorate all the interior surfaces of or within the Demised Premises
requiring the same for their proper maintenance which are painted or otherwise treated
with a suitable paint or preservative appropriate to the finish thereof and in such colours
as shall be approved by the Landlord)
To replace by rebuilding or reinstating the whole or any part of the Demised Premises
notwithstanding that such works may be necessary by reason of a patent or latent defect
or otherwise and notwithstanding that the necessary remedial work amounts to an
improvement
Forthwith to enter into and thereafter to maintain comprehensive maintenance contracts
in forms approved by and with reputable contractors approved by the Landlord for the
maintenance and repair of all plant within the Demised Premises and to produce upon
demand to the Landlord the receipt for the current year's premium and a copy of the
relevant contract and of any reports made by the contractors and to comply with the
recommendations of such contractors
(f)    At least once in every week and as and when necessary to keep all windows and glass of
the Demised Premises clean both inside and outside and unobstructed and to keep in
good and safe repair all electricity cables conducting media and meters exclusively
serving the Demised premises and to indemnify the Landlord against all liability
howsoever arising from any failure to repair of the misuse or over-loading of the said
cables
16
(g) Without prejudice to the generality of the foregoing to procure that all electrical and mechanical installations and equipment within the Demised Premises be properly and regularly serviced and maintained by qualified persons approved by the manufacturers of such installations and equipment and by the insurers of the Demised Premises
5(7)     PECULATIONS
To observe and procure that all occupiers of the Demised Premises and persons doing
.
business thereat observe the reasonable regulations from time to time made by the Landlord with regard to the occupation management and security of the Demised Premises and neighbouring property 5(8)     YIELDING UP
At the end or sooner termination of the term to deliver up the Demised Premises with vacant possession clean and in repair and decorated as aforesaid (damage by an insured risk excepted unless payment of the insurance money is wholly or partially withheld wholly or partially through any act or default of the Tenant its servants or agents or any other person under its control) having first replaced any Landlords' fixtures and fittings which may be missing or damaged with others of a similar kind and quality and having made good any damage resulting from the removal of any tenants fixtures or fittings 5(9) ADVERTISEMENTS AND AERIALS ETC.
Not to exhibit any advertisement notice or sign outside the Demised Premises or inside the Demised Premises so as to be seen from the outside nor to install any flag pole outside television or radio aerial on the Demised Premises Provided That the Tenant may display its name and/or details of its business on the area of the Demised Premises immediately above the
17
shop window thereof subject to such sign being of a size type and location to be approved by the Landlord in its absolute discretion 5(10) ASSIGNMENTS ETC.
Not to assign underlet part with or share possession nor charge part only (as distinct
from the whole) of the Demised Premises
Not to underlet the whole of the Demised Premises unless such underletting is outside
the protection of the Landlord and Tenant Act 1954 and the appropriate Court order is
obtained (so as to exclude the provisions of that act) prior to the grant of any such
underlease and also not to underlet without the consent of the Landlord (which shall not
be unreasonably withheld) and to procure that any undertenant of the whole of the
Demised Premises shall covenant by deed with the Landlord to observe and perform all
the covenants on the part of the Tenant and the conditions herein contained so far as
they relate to the premises so underlet and that if such undertenant is a corporate body
and the Landlord shall so require to procure that a surety or sureties acceptable to the
Landlord join in such deed to guarantee the covenants of such undertenant in such form
as shall be required by the Landlord Provided that each and every permitted underlease
shall be granted without any fine or premium at a rent not less than the then open market
rental value of the Demised Premises such rent being payable in advance on the days on
which rent is payable under this Lease and shall contain provisions approved by the
Landlord:-
(i)    prohibiting the undertenant from doing or allowing any act or thing in
relation to the Demised Premises inconsistent with or in breach of the provisions of this Lease
18
(n)    for re-entry by the underlandlord on beach of any covenant by the
undertenant
(iii)    imposing an absolute prohibtion against all dispositions of or other
dealings whatever with the Demised Premises other than assignment or
underletting of the whole
(iv)    prohibiting any assignment or underlease of the whole without prior
consent of the Landlord under this Lease (such consent not to be
unreasonably withheld)
(v)    prohibiting the undertenant from permitting another to occupy the whole
or any part of the Demised Premises
(vi)    imposing in relation to any permitted assignment underletting or charge
the same obligations for registration with the Landlord as are contained
in this Lease in relation to dispositions by the Tenant and;
(vii)    imposing in relation to any permitted underletting the same obligations
as contained in Clause 5 hereof
(c) Not to assign the whole of the Demised Premises without the consent of the Landlord which shall not be unreasonably withheld and to procure that any assignee of the whole of the Demised Premises shall covenant by deed with the Landlord to pay the Reserved Rent and other sums made payable hereunder and to observe and perform all the covenants on the part of the Tenant and the conditions herein contained and that if such assignee is a corporate body and the Landlord shall so require to procure that at lease two directors or other persons or a company acceptable to the Landlord join in
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such deed to guarantee the covenants of such assignee in such form as shall be required by the Landlord PROVIDED
(i)        that the Landlord shall be entitled to require the Tenant to enter into an authorised guarantee agreement as described in Section (16) Landlord and Tenant (Covenants) Act 1995 and (ii)       that the intended assignee shall (if the Landlord reasonably so requires)
provide a 12 month rent deposit or similar security and
(iii) in any event that the Landlord may withhold its consent where (in the reasonable opinion of the Landlord) the proposed assignment will cause a decrease in the value of the Landlord's reversion
PROVIDED that the Tenant shall if so required by the Landlord enter into an authorised guarantee agreement as described in Section (16) of the said Act PROVIDED FURTHER that on assignment shall be entitled:
in the case of an assignment to an individual or individuals to require that the assignee
be at least two individuals each having an income (at the date consent is requested for
the assignment) independent of the business permitted to be carried on at the Demised
Premises in excess of three times the rent passing under this Lease (at the date consent
is required for the assignment) or
in the case of a company either:
(i) that two directors having an income (at the date consent is requested for the assignment) independent of the business permitted to be carried on at the Demised Premises in excess of three times the rent passing under this Lease (at
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the date consent is requested for the assignment) shall stand as sureties for the intended assignee and shall covenant to accept a new Lease of the Demised Premises upon disclaimer of this Lease if so required by notice to the sureties within three months after such disclaimer such new Lease to be for the residue of the Term unexpired at the date of such disclaimer and at the rents then payable and subject to the terms of this Lease in every respect and to be granted at the cost of the sureties in exchange for a counterpart duly executed by the sureties; and
(ii) to require that the intended assignee company produce audited accounts for the three years immediately preceding the date on which consent is requested for the assignment evidencing net profits (before the payment of any dividend) of not less than three times the rent passing under this Lease at the date of such assignment
PROVIDED THAT provisos (A) and (B) above shall not apply in the case of either an assignment to an individual or company where either provide a rent deposit equivalent to two year's rental (at the date consent is requested for the assignment) to be held for such time as the individual or company remain the Tenant under this Lease upon terms contained in a deed reasonably acceptable to the Landlord such deed to include (without limitation) a provision that in the event of insolvency the Landlord can immediately forfeit the balance of the deposit monies 5(\ 1) REGISTRATION OF DOCUMENTS
Within one month of every assignment transfer or charge affecting the demised Premises or any devolution of the estate of the tenant therein and every surrender terminating
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any derivative mediate or immediate estate or interest in the demised Premises or any devolution of such estate or interest to give notice in writing with particulars thereof to the landlord's solicitors and produce such assignment transfer or charge or Probate of the will or letters of Administration or other document or evidence of such devolution or surrender with a certified copy thereof and to pay to the Landlord's solicitors in respect of every such assignment charge devolution or surrender a reasonable registration fee being not less than twenty pounds plus V.A.T. 5(12) RIGHT OF ENTRY FOR INSPECTION ETC.
(a)    To permit the Landlord to enter the Demised Premises for the purpose of inspecting the
state and condition and repair thereof J
Within two months after written notice thereof or forthwith in an emergency to remedy
any breach of covenant for which the Tenant is liable and that in case of default the
Landlord may enter the Demised Premises and remedy the breach and all expenses in
connection therewith shall be paid by the Tenant to the Landlord and shall be
recoverable as rent in arrear
To permit the Landlord and Tenants and occupiers of the Development and those
authorised by them at any time upon not less than forty eight hours prior notice (except
in case of emergency) to enter upon the Demised Premises:-
(i)        to comply with covenants contained in other leases of adjoining property
(ii)       to examine decorate repair and rebuild the structure of the Demised Premises or
any adjoining or neighbouring property (iv)      for the purpose of inspecting repairing renewing connecting to cleansing altering
or constructing conduits in over upon or under the Demised Premises
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(v)       to measure the Demised Premises
(vi)      for any other reasonable purpose Subject to the person or person exercising such
right making good all damage thereby occasioned to the Demised Premises 5(13) ON EXPIRY OR SALE OF REVERSION
To allow the Landlord to enter on the Demised Premises at any time within six months next before the end of the term or at any time when the Landlord wishes to sell the reversion and to fix thereon a noticeboard for re-letting or selling the same which shall not be removed or obscured but which shall not be fixed in such a position as to interfere with the Tenant's business or beneficial occupation '5f 14) COMPLIANCE WITH STATUTES ETC.
To comply in all respects with the provisions of all Statutes for the time being in force and any requirements of any competent authority relating to the Demised Premises or any part thereof and the use thereof and anything contained therein and not to do or omit or suffer to be done or omitted on or about the Demised Premises any act or thing by reason of which the Landlord may under any enactment incur or have imposed upon it or become liable to pay any levy penalty damages compensation costs charges or expenses and so far as the law allows to indemnify the Landlord against all liability in respect thereof and in particular against any liability under the Offices Shops and Railway Premises Act 1963 the Factories Act 1961 and the Health and Safety at Work etc. Act 1974 relating to the Demised Premises 5(15) EXPENSES
To pay all reasonable and proper expenses incurred by the Landlord or any mortgagee and their respective professional advisors in connection with any notice or proceedings (or any such costs incurred in contemplation thereof) under S.I 46 and S.I 47 of the Law of Property Act
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1925 or in connection with any breach of covenant by the Tenant (whether or not relief is granted by the Court) or preparation and service of any justifiable schedule of dilapidations and in connection with every consent applied for under this Lease and to repay forthwith upon demand by the Landlord the cost to the Landlord (including but without prejudice to the generality of the foregoing the fees of any bailiff solicitor Counsel or other person engaged by the Landlord) of effecting the recovery of any arrears of rent service charge cost of insurance or any other monies due from the Tenant to the Landlord under the provisions of this Lease 5(16) TOWN PLANNING
(a)    At all times during the term to comply with the provisions and requirements of the
Town and Country Planning Acts (and the conditions thereof) relating to or affecting :
(i)        the Demised Premises or
(ii)       any operations works acts or things carried out executed or done or omitted on
the Demised Premises or (iii)      the use of the Demised Premises
During the term as often as occasion requires at the Tenant's expense to obtain and if
appropriate renew all planning permissions and bye-law or other necessary consents and
serve all notices required for the carrying out by the Tenant of any operations permitted
under the terms of this lease or the institution or continuance by the Tenant of any use
on the Demised Premises permitted by this lease
To pay and satisfy any charge imposed under the Town and Country Planning Acts in
respect of the carrying out of maintenance by the Tenant of any such operation or the
institution or continuance by the Tenant of any such use mentioned above
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As soon as the same comes to the attention of the Tenant to notify the Landlord of any
order direction proposal or notice under the Town and Country Planning Acts served on
or received by the Tenant or coming to the Tenant's notice which relates to the Demised
Premises and to produce to the Landlord if required any such order direction proposal or
notice in the Tenant's possession
Immediately on receipt from any public authority of any notice order communication or
proposal of any nature affecting the Demised Premises to send a copy of the relevant
document to the Landlord
Not to apply for any Planning permission which will or may render the Landlord liable
to tax or any future tax or levy based upon the realisation of the development value in
land
5(17) VAT,
(a)       Output Tax
(i) Any obligation of the Tenants hereunder or under any document entered into pursuant hereto to make payment to the Landlord shall include an obligation to pay in addition any VAT payable in respect of the supply to which the payment relates.
(ii) Unless the contrary is specified any sum specified in this Lease is (and any sum to be agreed certified determined or ascertained under the provisions hereof shall be) a sum net of VAT.
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(b)       Input Tax
(i)        Any obligation of the Tenant hereunder to repay to the Landlord any expenditure incurred by the Landlord shall include an obligation to repay any VAT forming part of such expenditure 5(18) EASEMENTS AND ENCROACHMENTS
Not to obstruct any window ventilator light or way belonging to the Demised Premises nor acknowledge that any light is enjoyed by consent of any other person not to permit any new easement right or encroachment to be made into against or on the Demised Premises 5(19) INTEREST ON ARREARS
If and whenever the Tenant shall fail to pay the rent or any other monies due under this Lease within seven days of the due date (whether formally demanded or not) the Tenant shall pay to the Landlord Interest on such rent or other money as the case may be from the date when it was due to the date on which it is actually paid 5(20) INDEMNITY
To keep the Landlord indemnified from and against all expenses loss and claims arising directly or indirectly from any breach of covenant on the part of the Tenant herein contained or from the use of the Demised Premises or out of any works carried out at any time during the term to the Demised Premises or out of anything now or during the term attached to or projecting from the Demised Premises which arises from any act neglect or default by the Tenant or by their respective servants or agents 5(21) FIRE FIGHTING
To keep the Demises Premises supplied and equipped with all fire fighting and extinguishing appliances from time to time
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required by law or
reasonably required by the Insurers of the Demises Premises such appliances being kept
open to inspection and properly maintained and not to obstruct or permit or suffer to be
obstructed the access to or means of working such appliances or the means of escape
from the Demised Premises in case of fire
5(22) TO PAY COST OF REBUILDING IF INSURANCE AVOIDED
In the event of the Demises Premises or the building in which they are situate or any neighbouring premises or any of them or any part thereof being destroyed or damaged by any of the Insured Risks and the insurance money under any policy of insurance effected thereon by the Landlord being by reason of any act neglect default or omission of the Tenant wholly or partially irrecoverable forthwith in every such case to pay to the Landlord on demand the cost of rebuilding and reinstating the building or buildings so destroyed or damaged such rebuilding
works to be carried out by and in accordance with the requirements of the Landlord and the
i Tenant being allowed towards the expenses of so doing (upon such rebuilding and reinstatement
being completed) the amount (if any) actually received by or on behalf of the Landlord (other than in respect of loss of rent) under any such insurance as aforesaid in respect of such destruction or damage 5(23) TO COMPLY WITH NOTICES
To comply at the Tenant's own expense with any statutory notice order or other requirement lawfully served by a competent authority upon either the Landlord or the Tenant concerning the Demised Premises and forthwith to provide the Landlord with a copy of any such notice order or requirement served upon the Tenant and at the request of the Landlord to make or join with the Landlord in making such objections or representations against or in
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respect of any such notice order or requirement as aforesaid as the Landlord shall deem
expedient
5(24) EVIDENCE OF COMPLIANCE WITH COVENANTS
To produce upon demand reasonable evidence of compliance with the covenants and conditions herein contained 5(25) SUBSTITUTION OF SURETY
To notify the landlord within twenty one days of any of the following events:-
If any Surety being an individual or individuals shall become bankrupt or make any
arrangement for the benefit of or enter into any arrangement with its creditors either by
composition or otherwise
any Surety being an individual or individuals shall die
If any Surety being a Company or corporate body shall be wound up either voluntarily
(except as a solvent company for the purpose of amalgamation or reconstruction) or
compulsorily or shall for any reason be removed from the Register of Companies and if
the Landlord so requires them at the Tenant's expense within twenty eight days to
procure that some other person or company reasonably acceptable to the Landlord shall
execute a guarantee in the form of covenant in Clause 8 hereof
5(26)   TO PAY TOWARDS COSTS OF MAINTENANCE OF FIRE ESCAPE AREAS
To pay a fair proportion (to be determined by the Landlord's Surveyor) of the costs incurred (or intended to be incurred) by the Landlord in respect of the lighting cleaning and maintenance of the Fire Escape Areas
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6.        PROVISOS
6(1)     PROVISO FOR RE-ENTRY
If the whole or any part of the rent shall be unpaid for 21 days after becoming payable whether formally demanded or not or if the Tenant Being a company) shall enter into liquidation whether compulsory or voluntary (except as a solvent company for the purpose of amalgamation with any other company or for the purpose of reconstruction) or an administration order shall be made in respect of the Tenant or if any person shall become entitled to exercise the powers of an administrative receiver or (not being a company) shall become bankrupt or if the Tenant shall make any arrangement with its creditors or shall permit any execution to be levied on the Demised Premises or if there shall be any breach of any of the Tenant's covenants the Landlord may at any time thereafter re-enter upon the Demised Premises or any part thereof and this demise shall thereupon terminate but without prejudice to any right of action or remedy of the Landlord in respect of any breach of covenant by the Tenant 6(2) SERVICE OF NOTICES
Any notice shall be properly served if it complies with the provisions of the Law of Property Act 1925 S. 196 as amended by the Recorded Delivery Service Act 1962 or the Landlord and Tenant Act 1927 S.23 6(3)     CESSER OF RENT
If the Demised Premises or any part thereof shall be destroyed or so damaged by fire or any other risk for which the Landlord is indemnified under the insurance of the Demises Premises so as to be unfit for occupation or use then unless the insurance of the Demised Premises shall have been vitiated by the act neglect default or omission of the Tenant the rent hereby reserved or a fair and just proportion thereof according to the nature and extent of the
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damage sustained shall be suspended and cease to be payable until the Demised Premises or damaged portion thereof shall have been reinstated or made fit for occupation or until the third anniversary of such destruction or damage whichever shall be the sooner 6(4)     DAMAGE FROM SERVICES
The Landlord shall not be liable to the Tenant or any other person claiming through the Tenant for any damage which may be caused by stoppage or defect of any plant or machinery in or service to the Demised Premises or any neighbouring premises where the same is beyond the control of the Landlord 6(5)     LANDLORD'S LIABILITY
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(a)    In any case where the facts are or should reasonably be known to the Tenant and not
reasonably known by the Landlord the Landlord shall not be liable to the Tenant in
• respect of any failure of the Landlord to perform any of its obligations to the Tenant
hereunder whether express or implied unless and until the Tenant has notified the Landlord of the facts giving rise to the failure and the Landlord has failed within a reasonable time to remedy the same
The Landlord shall not be responsible to the Tenant or to its servants agents licensees
invitees customers or visitors for any accident injury damage or loss caused to them or
their chattels property or goods sustained at or in the vicinity of the Demised Premises
and in particular will not be liable for any damage to motor vehicles within the Service
Area howsoever arising
The Landlord shall not be liable to the Tenant or any other person claiming through the
Tenant on account of any diminution of light or air enjoyed at the Demised Premises or
otherwise in consequence of the erection or alteration of any adjoining or neighbouring
property or any other works carried out thereto 6(6)     GENERAL
Nothing in this Lease shall render the Landlord or the Tenant liable in respect of any of the covenants conditions or provisions contained in these presents if their performance and observance becomes impossible or illegal under the Town and Country Planning Acts or any other enactment but subject as above the term granted by this Lease and the rent payable by virtue of it shall not determine only because of a change modification or restriction of use of the Demised Premises or obligations or requirements made or imposed after the date of this Lease under or by virtue of any enactment 6(7) PARAGRAPH HEADINGS ETC.
Paragraph headings and any marginal notes or index do not form part of this Lease and shall not be taken into account in the construction or interpretation thereof 7.         LANDLORD'S COVENANTS
The Landlord hereby covenants with the Tenant:
7(1) That the Tenant shall have quiet enjoyment of the Demised Premises against the Landlord and all persons claiming title through the Landlord
7(2) To insure the Demised Premises and the Development in an insurance office of good repute or at Lloyds against the Insured risks and in the event of the Demised Premises being destroyed or damaged by any of the Insured Risks the Landlord shall with all convenient speed (subject to the availability of all necessary labour and materials and the obtaining of all necessary permissions) lay out and apply in rebuilding repairing or otherwise reinstating the Demised premises all monies received by virtue of such insurance other than monies received in
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respect of loss of rent Provided that the Landlord shall be under no liability to the Tenant hereunder if the insurance money under any policy of insurance effected by the Landlord shall be wholly or partially irrecoverable in the circumstances set out in 5(22) above Provided always that the Landlord shall not be under any obligation to insure any fixtures or fittings installed by the Tenant which have become part of the Demised Premises unless the Tenant shall have notified the Landlord in writing of such installation and the Landlord has agreed with the Tenant at the cost of the Tenant to effect the insurance thereof and provided further that the covenant by the Landlord as to reinstatement shall be satisfied if the Landlord provides in the premises so reinstated accommodation as convenient and commodious as is practicable but not necessarily identical to the Demised Premises as the same existed prior to such damage or destruction and provided further that if any competent authority shall lawfully refuse permission for or otherwise lawfully prevent any rebuilding or reinstatement of the Demised Premises or any rebuilding or reinstatement shall be otherwise impossible impractical or frustrated all relevant insurance monies (so far as not laid out aforesaid) shall be receivable by the Landlord for its own use and benefit absolutely
IN WITNESS whereof the Landlord and the Tenant have executed this lease as a deed the day and year first before written.


The Common Seal of COMMUNITY HOUSING )
ASSOCIATION LIMITED was hereunto affixed )
in the presence of:-    )



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