Appendix E
Example of a Private Sector Leasing Scheme Agreement
Please Note: this is an example of an existing lease currently used by King Street
Housing Society. This is subject to change to take into account the grant scheme
and is currently being reviewed by our Legal Team.
DATE :
PARTIES:
1
(1)
[name of owner]
(2)
KING STREET HOUSING SOCIETY LTD.
of 89 King Street, Cambridge, CB1 1LD
(‘the Society’)
DEFINITIONS
In this Agreement the following words and phrases shall have the following
meanings:1.1
“Landlord” means [name of owner]
1.2
“Society” means King Street Housing Society Ltd of 89 King Street
Housing Society Ltd
1.3
“The Property” means [name of property]
1.4
“The Rent” means the yearly rent of £[insert amount]
1.5
“The Term” means [insert length of lease]
2
RECITALS
2.1
The Society is a housing association registered with the Housing
Corporation under Section 3 of the Housing Associations Act 1985 with
charitable status and has from time to time the need to provide temporary
housing accommodation
2.2
The Landlord is the owner of the Property
2.3
The Landlord has agreed to let the Property to the Society to enable the
Society to provide temporary housing accommodation.
3
OPERATIVE PARTS
The Landlord lets and the Society takes the Property TOGETHER WITH
all necessary rights of way on foot only in common with all others having
the like rights over the paths gardens grounds passageways staircases
and landings (if any) to enable the Society its tenants or licensees to get to
and from the Property for the Term or until the tenancy is determined as
hereinafter provided at the Rent which Rent is to be payable monthly in
advance by bankers standing order (and proportionately in respect of any
period less than a month)
4
SOCIETY’S OBLIGATIONS AND RIGHTS
4.1.
To pay the Rent on the days and in the manner aforesaid
4.2
To keep the interior of the Property in reasonable decorative order
(damage by accidental fire or other insured perils excepted) and at the
determination of this Agreement and prior to giving vacant possession
carry out such decoration as may be necessary to put the Property back
into the state of decoration (fair wear and tear expected) as it is on entry
and which state of decoration is more particularly described in the
Schedule of Condition
4.3
Not to make any structural alterations to the Property without the
Landlord’s written consent (which shall not be unreasonably withheld)
4.4
To pay the Rent to the Landlord by standing order or at the address given
above or at any address notified to the Society in accordance with Clause
5.9 of this Agreement
4.5
To keep the garden (if any) of the Property in a tidy condition
4.6
Not to use or permit the Property to be used except for temporary housing
accommodation and the Landlord consents to the Society sub-letting or
licensing the Property for such purpose
4.7
On the Landlord giving to the Society seven days written notice to this
effect to permit the Landlord and all persons authorised by him to enter
the Property accompanied by an employee or agent of the Society to
examine the condition thereof or to do repairs
4.8
In the event that the Landlord fails to comply with the provisions of Clause
5.2 of this Agreement the Society may serve on the Landlord written
notice specifying the breach and requiring the same to be remedied within
fourteen days from the date of service of the said notice (or forthwith in the
case of an emergency)
4.9
If the Landlord does not wish to carry out works specified in a notice
served under Clause 4.8 of this Agreement and so advises the Society or
if the Landlord fails to remedy any breach specified in a notice served by
the Society in accordance with Clause of 4.8 of this Agreement the
Society shall have the right to carry out any works required to remedy the
breach and shall withhold rent to cover the cost of the works
4.10
If the Property is not in a clean and tidy condition in accordance with
Clause 5.8 or in good decorative order the Society may withhold the first
month’s rent to cover the cost of such cleaning
5
LANDLORD’S OBLIGATIONS AND RIGHTS
5.1
To pay all existing and future rates taxes assessments and outgoings
(whether parliamentary local or otherwise) other than the Council Tax and
water and sewerage charges and electricity, gas and other household
service charges, now or hereafter imposed or charged upon the owner of
the Property
5.2
To keep the structure and exterior of the property (including but not limited
to roofs chimneys walls ceilings floors windows doors rainwater goods
gullies and grids brickwork plasterwork sanitary fittings fixed appliances
bathroom joinery and tiling kitchen joinery worktops tiling and fixed
appliances electrical gas oil and water services external paths patios walls
sheds garages and outbuildings and any fixed appliances and installations
for the provision of space and water heating in good repair and condition
provided that the Landlord shall be liable only for such repairs and
maintenance as are necessitated by fair wear and tear and normal
dilapidation and not for example (and without prejudice to the generality of
the foregoing) by misuse or willful damage or neglect by the Society or
any occupier of the Property during the term and any extension thereof
5.3
(a)
To keep the Property and all the fixtures and fittings therein insured
to their full replacement value against fire and all other such perils
as the Society may require by a reputable insurance company and
to arrange for the Society’s name to be endorsed on such policy of
Insurance for the duration of the term
(b)
If asked by the Society to provide a copy of the policy and proof of
payment of the last premium thereunder
(c)
In case of damage to the Property or to any necessary access to
the Property to apply any insurance money received by the
Landlord under the above policy in reinstating the Property or any
necessary access to the Property as quickly as possible
(d)
If the money received in respect of a claim is insufficient to remedy
the damage then the shortfall will be made good at the Landlord’s
expense.
(e)
If the Landlord fails to undertake either (a) and/or (b) above then
the Society may take all necessary action to ensure that the
Property is sufficiently insured and any money paid by the Society
for this purpose will be a debt due to the Society and repayable as
such either on request or by legal action or may be set off against
the Rent
(f)
To arrange servicing of all gas appliances in the property prior to
the lease commencing and yearly thereafter and to arrange for gas
safety certification work prior to the lease commencing and yearly
thereafter in accordance with the Gas Regulations currently in force
and to carry out all necessary works arising from the servicing and
inspection in a timely manner and all matters adversely affecting
the safety of the occupiers immediately and to provide the Society
with a copy of all relevant certificates and other documentation
within 7 days of the certificate becoming due
(g)
If the Landlord fails to comply with the provisions of Clause 5.3(f) of
this Agreement the Society may arrange for the servicing and
inspection work and all necessary works arising from the servicing
and inspection to be carried out and shall withhold rent from the
Landlord to cover the cost of the works
(h)
To provide a report from a qualified electrician confirming the
soundness and safety of the electricical installation, fixtures and
fittings in the Property prior to the lease commencing and five
yearly thereafter
5.4
To indemnify the Society against all and any sums which the Society may
become legally liable to pay as damages in respect of the accidental loss
of or damage to any property arising out of the failure by the Landlord to
carry out his obligations as specified and limited under Clause 5.2 above
5.5
Not to place or display any poster notice advertisement or sign on or about
the Property which in the opinion of the Society is likely to cause offence
5.6
Not to commit any breach of planning control and to comply with all
requirements under the Town and Planning Acts that affect the Property
5.7
At the Landlord’s own expense to obtain all necessary consents licences
or permissions to let or sub-let the Property from any mortgagee or
superior Landlord and such written consents shall be provided to the
Society by the Landlord upon request
5.8
To ensure that the Property is available for letting in a clean and tidy
condition to the commencement of the Term
5.9
The Landlord shall serve on the Society written notice of a change of his
address
5.10
To use the Landlord’s best endeavour to procure the performance and
observance of the covenants as to repair contained in any leases of other
properties comprised in the building of which the Property forms part and
also as to the contribution to be made by the tenants or owners of such
other properties in respect of the expenses of repairing and maintaining all
parts of such building as are used in common with all communal
easements and appurtenances
6
GENERAL
6.1
If the rent shall be in arrear and unpaid for twenty-one days after it has
become due (whether formally demanded or not) and not being lawfully
withheld by the Society in accordance with the terms of this Agreement it
shall be lawful for the Landlord to peaceably re-enter and take possession
of the Property whereupon this Agreement shall determine but without
prejudice to the Landlord’s other rights and remedies for any prior breach
of this Agreement
6.2
If and whenever during the term the Property or any part thereof is
damaged or destroyed so as to be unfit for occupation or use the Rent
shall cease to be payable until the Property shall have been rebuilt or
reinstated and made fit for occupation and use
6.3
Any consent approval determination authority or notice required to be
given by the Landlord under this Agreement shall be in writing and shall
be sufficiently served if sent to the Society’s registered office by registered
post or recorded delivery post or if left for it at that address and any
consent approval determination authority or notice by the Society shall be
in writing and shall be sufficiently served if delivered to the Landlord at his
last know address or sent to him by registered post or recorded delivery
post to such last known address
6.4
If any dispute or difference shall arise between the Society and the
Landlord about or arising from any provision of this Agreement the dispute
or difference shall be determined by a single arbitrator in accordance with
the Arbitration Act 1996 or any statutory modification or re-enactment
thereof for the time being in force
6.5
Each party shall bear their own costs and expenses in connection with the
preparation and completion of this Agreement and counterpart thereof and
any stamp duties payable in connection therewith
6.6
If at any time during the Term the Property is or becomes unfit for
occupation or use or inaccessible otherwise than as a result of a breach
by the Society of any of the covenants or conditions contained in this
Agreement the Society shall at any time subsequently be entitled upon
giving to the Landlord or his agent four calendar months written notice to
determine this Agreement and upon the expiry of such notice the Term
shall immediately cease
6.7
Either party may terminate this Agreement by giving to the other at least
four calendar months written notice to expire at the end of the initial term
of one year or on any subsequent anniversary of the lease
commencement and upon expiry the term hereby created shall cease
SAVE THAT the length of any notice served by the Landlord on the
Society shall be extended if the Society is at the date of this notice
undertaking legal action against any sub-tenant or other occupier of the
Property to obtain possession of the Property and in such circumstances
the Landlord’s notice shall be deemed to expire on the day upon which the
Society obtains possession of the Property from such sub-tenant or other
such occupier.
SIGNED BY
The Landlord
Dated:
SIGNED BY
For and On behalf of the Society Dave Merritt
Housing Services Manager
Dated: