Tenancy at Will. Dated 1 st September 2013 (1) HOMES & COMMUNITIES AGENCY (2) CITY ASSOCIATES INTERNATIONAL LIMITED

Transcription

1 Dated 1 st September 2013 (1) HOMES & COMMUNITIES AGENCY (2) CITY ASSOCIATES INTERNATIONAL LIMITED Tenancy at Will Relating to premises at, Unit 9,Suite B, Hythe Marine Park, Shore Road, Hythe, Southampton, Hampshire, S045 6HE

2 PARTICULARS Commencement Date 1 st September 2013 Owner Occupier Authorised Use Common Areas Interest Rate Owner's Property Payment Days Premises Rent HOMES AND COMMUNITIES AGENCY of Central Business Exchange, Midsummer Boulevard, Milton Keynes, MK9 2EA. City Associates International Limited, 4 Churchfields, Fawley, Southampton, Hampshire, SO45 1FU. Company number Office use. Any parts of the Owner's Property designated by the Owner in writing from time to time for the common use and enjoyment of the occupiers of the Owner's Property. 4% per annum above the base rate from time to time of HSBC Bank pic. The property known as, Hythe Marine Park, Shore Road, Hythe, Southampton. S045 6HE The first day of each month. The Owner's Property known as Unit 9, Office Suite B, Hythe Marine Park, Shore Road, Hythe, Southampton as shown edged red and cross hatched on the attached plan. 292 (two hundred and ninety two pounds) per month and a daily proportion of this amount for any part of a month plus VAT applicable thereon. The rent includes a service charge contribution and the cost of utilities. It also includes a contribution to the insurance on the property and business rates.

3 THIS AGREEMENT is made on the date set out in the Particulars BETWEEN (1) the Owner; and (2) the Occupier. OPERATIVE PROVISIONS 1. INTERPRETATION 1.1 Words and expressions set out in the Particulars are defined terms in this Agreement. 1.2 In this Agreement the clause headings do not affect its interpretation; references to clauses are to clauses of this Agreement and references to the Premises and the Owner's Property includes any part of them. 1.3 An obligation on the Occupier not to do or omit to do any act or thing includes an obligation not to permit or allow that act or thing to be done or omitted to be done, as the case may be. 1.4 The obligations of the Occupier bind the Occupier's employees, agents, workmen and visitors and the Occupier is to be liable for any breach of the terms of this Agreement by them. Rights granted to the Occupier may be used by these persons. 1.5 Where two or more persons form a party to this Agreement, the obligations they undertake may be enforced against them all jointly or against one or more of them individually. 1.6 The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. 2. TENANCY AT WILL 2.1 In consideration of the Rent, the Owner grants the Occupier the right to occupy and use the Premises for the Authorised Use as a tenant at will. 2.2 The Owner also grants the Occupier the following rights to be enjoyed in common with the Owner and any other occupiers of the Owner's Property: the right of access to and from the Premises over the Common Areas; rights of escape in emergency only over the fire escape routes in the Owner's Property;

4 2.2.3 the right to use conduits serving the Premises for the passage or transmission of utilities; the right of support for the Premises from the remainder of the Owner's Property; the right to park two private motor vehicle on site in a space designated by the Owners Managing Agents the right to use the toilets within the Common Areas designated by the Owner from time to time; 2.3 The Owner reserves the following rights for its own benefit and for the benefit of other occupiers of the Owner's Property: the right to build on, alter, repair, maintain, add to or develop any other part of the Owner's Property and to undertake works outside the Premises so long as access to the Premises is not materially obstructed; the right to use conduits passing through the Premises for the passage or transmission of utilities; rights of escape in emergency only over any fire escape routes through the Premises; support for the Owner's Property from the Premises; 2.4 The Occupier acknowledges that nothing in this Agreement is intended to confer any rights on the Occupier, whether under common law or any enactment, greater than a tenant at will on the terms of this Agreement. 2.5 The Occupier is to allow the Owner and its agents access to the Premises at any time and for any purpose. 2.6 Either the Owner or the Occupier may end this Agreement by serving written notice on the other at any time. On the ending of this Agreement, the Owner is to repay to the Occupier any Rent received which relates to any period after the date that this Agreement ends. 2.7 When this Agreement ends the Occupier will remain liable for breaches of the terms of this Agreement which occurred prior to it coming to an end or any rights of the Owner in respect of those breaches.

5 3. RENT AND OUTGOINGS 3.1 The Occupier is to pay the Rent to the Owner in advance on the Payment Days. 3.2 The Occupier is to pay to the Owner any value added tax properly charged on the Rent and any other moneys payable by the Occupier to the Owner under this Agreement at the same time and in addition to those moneys. 3.3 If the Rent or any other moneys payable under this Agreement are not paid within seven days of the due date for payment, the Occupier is to pay interest on those moneys at the Bank Rate calculated from the due date of payment to the actual date of payment, both dates inclusive. 3.4 The Rent is inclusive of business rates. 3.5 The Rent is inclusive of a service charge contribution and charges payable for gas, water and electricity supplied to the Premises. 3.6 Telephone charges are to be paid by the Occupier to the relevant telephone company. 3.7 The Occupier is to pay the sum of 800 plus VAT to the owner as a contribution to the owner's costs in relation to the preparation and setting up of the Tenancy at Will. 3.8 The Occupier is to pay to the Owners' Managing Agents a sum equal to one month's rent (excluding VAT) as a deposit which the Owner can take if the rent is not paid or it can be used to cover the cost of any damage to the internal decorations. It can also be used to cover abortive fees should the Occupier not complete the lease within one month of the Occupiers' solicitors receiving a draft lease. 4. USE OF THE PREMISES 4.1 The Occupier is to use the Premises only for the Authorised Use. 4.2 The Occupier is not to create any nuisance, annoyance, damage or disturbance arising from its use and occupation of the Premises. 4.3 The Occupier is not to bring any hazardous materials onto the Premises. 4.4 The Occupier is not to display any signs or notices on the Premises unless permitted to do so in writing by the Owner.

6 4.5 The Occupier is to comply with any proper and reasonable regulations made by the Owner governing the use and occupation of the Premises or the exercise of the rights granted to the Occupier by this Agreement. 4.6 The Occupier is responsible for all services within the Premises, statutory testing thereof and health and safety regulations generally affecting the Premises. The Occupier is to surrender the Premises in no worse condition at the end of the Term howsoever ended. 4.7 The Owner does not give any warranty that the Authorised Use is a lawful use of the Premises for the purposes of the Town and Country Planning Act INSURANCE 5.1 The Occupier is not to do or omit to do anything which has the effect of making the Owner's insurance policy for the Owner's Property void or voidable or which increases the insurance premium payable for that insurance. 5.2 The Occupier is to comply with any recommendations and requirements of the insurers which have been notified in writing to it. 5.3 The Rent is inclusive of a contribution to the insurance premium. 6. UPKEEP OF THE PREMISES 6.1 Subject to clause 6.2, the Occupier is to keep the Premises in the same state of repair and condition as they were in at the start of this Agreement and is to keep them clean and tidy. 6.2 If the Premises are damaged or destroyed by any of the risks insured by the Owner, clause 6.1 will not apply unless the insurance monies are withheld in whole or part due to the act or default of the Occupier. 6.3 The Occupier is not to make any alterations or additions to the Premises or to cause any damage to them. If the Occupier does not comply with this obligation, it will at the request of the Owner reinstate any alterations or additions to the Premises and make good any damage caused to the reasonable satisfaction of the Owner. 7. OCCUPATION OF THE PREMISES 7.1 The Occupier is not to allow any other person to occupy or use the Premises. 7.2 This Agreement is personal to the Occupier and is not capable of being assigned, underlet to or held in trust for any other person.

7 8. STATUTORY REQUIREMENTS 8.1 The Occupier is to comply with the requirements of all statutes and any regulations or by-laws made under them which affect an occupier of the Premises and is to indemnify the Owner against any failure to do so. 8.2 If the Occupier receives any notice, order or direction from the local or any other competent authority, it is to provide a copy to the Owner as soon as possible after receipt. 8.3 The Occupier is not to make any application for planning permission in respect of the Premises. 9. RETURN OF THE PREMISES 9.1 At the end of this Agreement, the Occupier is to return the Premises to the Owner with vacant possession, cleaned and repaired in accordance with the terms of this Agreement and is to return all keys to the Premises to the Owner. 9.2 If the Occupier leaves any goods or materials on the Premises after the end of this Agreement, the Owner may remove them from Premises, store them and dispose of them if they are not claimed by the Occupier within one week after the end of this Agreement. The costs of removal, storage and disposal are to be paid by the Occupier to the Owner on demand with credit being given for any sums received on their disposal. 10. INDEMNITY The Occupier is to indemnify the Owner against any breaches of the terms of this Agreement in so far as they relate to matters under the direct control of the Occupier and any loss or damage to property and the death of or injury to persons arising from the use and occupation of the Premises under this Agreement. For the avoidance of doubt this indemnity does not extend to events, services or actions which are not under the control of the Occupier. 11. SIGNING The parties to this Agreement have completed it on the date set out in the Particulars Signed by ( ) for and on behalf of the Owner. Signed by ( / / ) for and on behalf of the Occupier.