Delete extracted_text3.txt

extracted_text3.txt

@@ -1,413 +0,0 @@
-I 
-COMMERCIAL LEASE 
- 
- 
-IMPORTANT NOTICE 
- 
-By entering into this lease the parties are undertaking legally binding obligations and should take legal advice before so doing. 
- 
-It is important that tenants understand that the short-term commercial lease has been designed for property being offered for a relatively 
-short period of occupation.  The lease (and the related agreement for lease) provide for the letting to be granted without security of tenure.
-This means that, when the lease expires, the tenant will not have the legal right he would normally have under the Landlord and Tenant Act 
-1954 to apply to the Court for a new tenancy.  The removal of this right does not stop the landlord and tenant agreeing to a new lease at the 
-end of the tenancy, but this can only occur if both the landlord and the tenant so wish.
-Tenants wanting to guarantee that they can remain in the same business premises once the initial lease has expired should consult their 
-professional advisers about seeking other premises where such terms are on offer.  In such cases, the terms and conditions in the lease are 
-likely to be substantially different from those in the BPF short-term commercial lease, particularly with regard to the nature and extent of the 
-obligations placed on the tenant.
-The BPF short-term commercial lease, and related agreement for lease, have been prepared with the overriding objective of offering a better 
-service to business tenants.  A wide-ranging consultation exercise was undertaken before the final versions of these documents were 
-published, and many of those consulted have offered formal statements of support.  The names of supporting organisations are set out on the
-cover.  The BPF is confident that the use of this straightforward documentation will do much to enhance the relationship between landlords 
-and tenants. 
- 
-Landlords and tenants must remember that while the short-term commercial lease has been published as a standard form, it contains clauses 
-which can be amended, or deleted, following amicable discussion between the parties.
-Both landlords and tenants are strongly advised, in addition to obtaining legal advice, to consult the pan-industry document Commercial 
-Property Leases in England and Wales: Code of Practice (RICS Business Services 2007) before signing this document.
-BRITISH PROPERTY FEDERATION 
-COMMERCIAL LEASE 
-MAIN TERMS AND DEFINITIONS 
-1 
-The Landlord is High Gates Foundation whose registered office is at 41 White Church 
-Lane, London E1 7QR and whose company number is: AAECL56789A. 
-2 
-The Tenant is Wayne Enterprises UK whose registered office is at 41 White Church 
-Lane, London E1 7QR  and whose company number is: PPECC56789K. 
-3 
-The Premises are 41 White Church Lane, London E1 7QR and are shown edged red on 
-the attached plan. 
-4
-4 
-The Term of this lease begins immediately and ends on March 31, 2026 
-5 
-The Rent is £90,000.00 per year (exclusive of Value Added Tax) and is payable in 
-advance by equal monthly payments on every 5th of the Month. 
-6 
-The Rent begins to be payable on 1st October 2022 and the first payment shall be made 
-on execution of this lease agreement. 
-7 
-The Tenant has paid a Deposit of £9,000.00 to the Landlord which the Landlord will
-place in a bank deposit account (whether or not containing other money) on which a 
-reasonable rate of interest is payable.  The Landlord will repay the Deposit to the Tenant 
-with accrued interest once the Tenant has vacated the Premises at the end of the Term 
-(however it ends), but less deductions properly made by the Landlord to cover any 
-unpaid Rent and the actual or anticipated cost of remedying any breaches of the 
-Tenant’s Obligations under this lease. 
-8
-8 
-The Permitted Use of the Premises is as {Permitted Use of Premises}. 
-9 
-The Hours of Use are from 08:00 to 17:30 on Mondays to Fridays; and Saturdays from 
-09:00 to 17:30; and Sundays from 09:00 to 17:00; and Public Holidays from 09:00 to 
-17:00. 
-LETTING AND RIGHTS 
-10 The Landlord lets the Premises to the Tenant at the Rent for the Term. 
-11 The Landlord grants to the Tenant the following rights and makes the following 
-reservations:
-11.1 The Premises form only part of a Building. They do not include any part of the main 
-structure, foundations, roof or exterior of that Building but they do include window
-frames and glass, doors and door frames, raised floors and suspended ceilings and the 
-voids above and below them, light fittings and other landlord’s fixtures and fittings. 
-11.2 The Tenant is granted the shared use, but only during the Hours of Use, of the 
-following Common Parts: 
- 
-entrances, hallways, passages, staircases, toilets, estate roads, car park, 
-delivery areas, yards, lifts 
- 
-but must use them in a reasonable and proper manner in accordance with any
-regulations imposed from time to time by the Landlord. 
-11.3 The Tenant is granted the non-exclusive use of Service Media (meaning any ducts 
-flues gutters pipes drains sewers cables conduits wires or other media for conducting 
-water soil gas electricity and telecommunications) which serve the Premises and which 
-may serve other premises, but must use them in a reasonable and proper manner in 
-accordance with any regulations imposed from time to time by the Landlord;
-11.4 The Landlord reserves the right to alter or close any Common Parts subject to 
-providing (except in emergencies) reasonably suitable alternative amenities, and 
-reserves the right to use (and repair, alter or renew) any Service Media in the Premises 
-which serve other premises. 
-11.5 The Landlord also reserves the right to enter the Premises for the purposes and on the 
-terms set out elsewhere in this Lease.  The right of entry will only be exercised
-following reasonable notice, except in the case of an emergency.  
-LANDLORD’S OBLIGATIONS 
-12 The Landlord’s Obligations to be observed throughout the Term are: 
-12.1 As long as the Tenant pays the Rent and complies with the Tenant’s Obligations, the 
-Landlord will give exclusive possession of the Premises to the Tenant during the Term 
-without interference by the Landlord or any superior landlord or any person deriving 
-title under or in trust for either of them;
-12.2 The Landlord will use reasonable endeavours to provide the following Landlord’s 
-Services: 
-(1) 
-keeping the Premises in tenantable condition. 
-(2) 
-keeping in tenantable condition the Common Parts and the structure of the 
-building of which the Premises form part. 
-(3) 
-keeping Service Media in working order. 
-(4) 
-providing during the Hours of Use: 
- 
-hot water to basins in the Premises, hot water to basins in Common 
-Parts, heating of the Premises, heating of Common Parts, lighting of
-Common Parts, lift service in Common Parts, caretaking/porterage 
- 
-but the Landlord is not obliged to: 
-(a) 
-remedy damage caused by the Tenant, or 
-(b) 
-remedy fair wear and tear, or
-(c) 
-put the Premises or any Common Parts or any Service Media into better 
-condition than at the date of this Lease as described or shown in the attached 
-Schedule of Condition, 
- 
-and the Landlord is not responsible for interruptions in any of the Landlord’s Services 
-due to matters beyond the Landlord’s control. 
-TENANT’S OBLIGATIONS 
-13 The Tenant’s Obligations to be observed throughout the Term are:
-13.1 the Tenant will pay the Rent immediately it falls due without any deduction or set off 
-and (if required) by bank standing order or credit transfer to the Landlord’s bank 
-account; 
-13.2 the Tenant will pay any value added tax chargeable on the Rent and any other sums 
-payable under this Lease, at the same time as the sum on which it is charged; 
-13.3 the Tenant will pay interest on any Rent or other sum payable under this Lease which
-is overdue for 7 days after its due date, calculated (both before and after any court 
-judgment) at 4% per year above the Bank of England base rate for the period from the 
-due date until payment; 
-13.4 the Tenant will pay all charges for all water, gas, electricity, telephone and similar 
-services consumed on the Premises, and will pay a fair proportion of any which relate 
-to both the Premises and other premises;
-13.5 the Tenant will use the Premises carefully and will not damage them, but normal fair 
-wear and tear is permitted; 
-13.6 the Tenant will comply with all legislation applicable to the Tenant’s use of the 
-Premises; the Tenant will not do anything which may result in a statutory requirement 
-arising for work to be carried out on the Premises or any other premises of the 
-Landlord; 
-13.7 the Tenant will immediately give the Landlord a copy of any notice relating to the
-Premises or its use which the Tenant receives and will also notify the Landlord of any 
-damage to or want of repair in the Premises or the building of which they form part, as 
-soon as reasonably possible after becoming aware of it; 
-13.8 the Tenant will not make any alteration or addition to the Premises (including displaying 
-any signs, posters, advertisements, etc.) inside or outside, and will remove any 
-unauthorised alterations or additions on demand;
-13.9 the Tenant will use the Premises only for the Permitted Use and only during the Hours 
-of Use, and will notify the Landlord immediately if the Tenant ceases to occupy the 
-Premises at any time during the Term; 
-13.10 the Tenant will not apply for, or implement, any planning permission in respect of the 
-Premises without the prior written consent of the Landlord; 
-13.11 the Tenant will not do anything which is a nuisance or annoyance to the Landlord or to
-the owners or occupiers of any adjoining or neighbouring property, or use the Premises 
-for any illegal or immoral purpose, or hold an auction or public exhibition or public or 
-political meeting on the Premises; 
-13.12 the Tenant will not, save in the ordinary course of the Tenant’s business (and then only 
-in accordance with all relevant laws and regulations) permit any contaminative or
-hazardous substances to be on or to be discharged from the Premises; the Tenant will 
-not otherwise cause contamination or pollution at under or from the Premises; 
-13.13 Subject to the Tenant having been provided with appropriate details of such policy, the 
-Tenant will not do anything which may invalidate any insurance policy relating to the 
-Premises or other Premises of the Landlord or which may increase the premiums for 
-that insurance;
-13.14 the Tenant will not assign, sublet, charge, part with possession of, or share the 
-occupation of, the whole or any part of the Premises, except that if the Tenant is a 
-limited company it may (by licence but not subletting) share occupation with another 
-company in its group (as defined in Landlord and Tenant Act 1954 section 42(l)); 
-13.15 the Tenant will allow the Landlord to enter the Premises (with other persons authorised
-by the Landlord) for the purposes set out in clause 15.2, for performing the Landlord’s 
-Obligations under this Lease, and for all other reasonable and proper purposes, at 
-reasonable times after giving the Tenant (except in emergency) reasonable prior 
-notice; the persons entering the Premises must cause as little disturbance as 
-reasonably possible and must make good all damage caused to the Premises;
-13.16 during the last 3 months of the Term, the Tenant will allow the Landlord to display a 
-notice for re-letting the Premises in a reasonably suitable place on the Premises; 
-13.17 the Tenant will, at the end of the Term (however ending), give vacant possession of the 
-Premises to the Landlord in the condition required by this Lease and will remove from 
-the Premises the Tenant’s goods and fixtures and fittings including signs and make
-good all damage caused to the Premises by their removal and will leave the Premises 
-in a tidy condition, free of rubbish; 
-13.18 the Tenant will pay all reasonable costs and expenses incurred by the Landlord in 
-connection with: 
-(a) 
-any application by the Tenant for an approval or consent (whether or not it is 
-given, unless unlawfully withheld); or 
-(b) 
-in (or in contemplation of) the preparation and service of any notice of a
-breach of the Tenant’s Obligations under this Lease including statutory 
-notices, even if forfeiture (if applicable) is avoided otherwise than by court 
-order. 
-BUSINESS RATES 
-14 It is one of the Landlord’s Obligations that the Landlord pay the business rates in respect 
-of the Premises. 
-BREACH OF TENANT’S OBLIGATIONS 
-15 If the Landlord serves on the Tenant a written notice specifying anything required to 
-remedy a breach of the Tenant’s Obligations under this Lease:
-15.1 the Tenant will comply with the notice within one month (or immediately in emergency); 
-15.2 if the Tenant fails to do so, the Landlord has the right to enter the Premises and 
-remedy the breach and the Tenant will pay to the Landlord on demand, as a debt, all 
-costs and expenses so incurred by the Landlord. 
-TENANT’S GOODS AT THE PREMISES
-16 If the Tenant leaves any goods in the Premises at the end of the Term (however it ends), 
-the Tenant authorises the Landlord to sell those goods on behalf of the Tenant.  The 
-Landlord shall account to the Tenant for the proceeds less the Landlord’s reasonable 
-expenses. 
-CONSEQUENCES OF DAMAGE OR DESTRUCTION 
-17 If the whole or part of the Premises becomes inaccessible or unfit for use due to damage 
-or destruction (other than as a result of anything the Tenant does or fails to do):
-17.1 the whole or an appropriate proportion (having regard to the nature and extent of the 
-destruction or damage) of the Rent and other payments under this lease shall cease to 
-be payable until the Premises are fully accessible and fit for use; and 
-17.2 if the damage or destruction affects the whole or a substantial part of the Premises and 
-it is likely to take more than three months to make the Premises again fully accessible
-and fit for use, either the Landlord or the Tenant may terminate this Lease by giving 
-written notice to the other, in which event this Lease will immediately end and the 
-Landlord need not carry out any repairs or reinstatement. 
-FORFEITURE 
-18 The Landlord may forfeit this Lease by re-entering the Premises (or part of them as if 
-entering the whole) if: 
-(1) 
-any Rent or other sums are overdue for 14 days or more (whether or not 
-demanded), or 
-(2)
-(2) 
-if any of the Tenant’s Obligations under this Lease are not performed or 
-observed, or 
-(3) 
-if the Tenant (being an individual) becomes bankrupt, or 
-(4) 
-if the Tenant (being a company) enters into liquidation whether voluntary or 
-compulsory (unless for the purpose of reconstruction or amalgamation) or 
-has a receiver or administrative receiver appointed over any of its assets or is 
-the subject of a petition for the appointment of an administrator, or 
-(5)
-(5) 
-if the Tenant enters into an arrangement or composition with creditors, 
-and on re-entry the Term will end but the Landlord will retain any accrued rights in 
-respect of breaches of the Tenant’s Obligations. 
-GENERAL PROVISIONS 
-19 Notices relating to this Lease or to the Premises may be served in accordance with Law 
-of Property Act 1925 section 196. 
-20 The Landlord and the Tenant have agreed that Landlord and Tenant Act 1954 sections 
-24 to 28 do not apply.
-21 The Landlord has served on the Tenant a notice in the form, or substantially in the form, 
-set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and 
-Wales) Order 2003 (“the Order”). 
-22 The requirements specified in Schedule 2 to the Order have been met in that the Tenant 
-has made the appropriate declaration in the form, or substantially in the form, set out in 
-Schedule 2 to the Order.
-23 It is also agreed that: 
-23.1 the Tenant will not have any rights over any property of the Landlord or the benefit of 
-any obligations on the part of the Landlord, except as set out in this Lease; 
-23.2 where a party to this Lease comprises two or more persons, they are responsible for all 
-their obligations both jointly and individually; 
-23.3 where this Lease obliges the Tenant not to do something, the Tenant is also obliged
-not to permit it to be done by any person under the Tenant’s control; 
-23.4 headings are given in this Lease for convenience only and do not affect the meaning of 
-the text. 
-BREAK CLAUSE 
-24 Either the Landlord or the Tenant may give to the other not less than 1 months’ written 
-notice to end the Term on the {Finish Date of Notice} or on any later date.  Ending the 
-Term will not release the parties from their accrued liabilities down to that date. 
-CERTIFICATE FOR STAMPING
-25 There is no written agreement for the grant of this lease. 
-THERE ARE ACCOMPANYING GUIDANCE NOTES WHICH DO NOT FORM 
-PART OF THIS LEASE BUT WHICH YOU ARE STRONGLY 
-RECOMMENDED TO OBTAIN AND READ BEFORE SIGNING 
-SIGNED by the LANDLORD Landlord  Digital Sign 
- 
-SIGNED by the TENANT Tenant Digital Sign 
- 
-DATE OF THIS LEASE: Sept 15, 2022.
-Prescribed Declaration Prior to Agreement Excluding Security of Tenure – the Landlord and Tenant Act 1954 s.38A(3)(b) and the Regulatory 
-Reform (Business Tenancies) (England and Wales) Order 2003 – Schedule 2 paragraphs 3 and 7 
- 
-Declaration Prior to Agreement Excluding Security of 
-Tenure 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
-I, (name of declarant) of (address) declare that – 
- 
-1. (name of tenant) proposes to enter into a tenancy of premises at (address of premises) for a term
-commencing on (date). 
-2. The tenant proposes to enter into an agreement with (name of landlord) that the provisions of sections 24 to 
-28 of the Landlord and Tenant Act 1954 (security of tenure) shall be excluded in relation to the tenancy. 
-3. The landlord has, not less than 14 days before the tenant enters into the tenancy, or (if earlier) becomes 
-contractually bound to do so served on the tenant a notice in the form, or substantially in the form, set out in
-Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. The form of 
-notice set out in that Schedule is reproduced below. 
-4. The tenant has read the notice referred to in paragraph 3 above and accepts the consequences of entering 
-into the agreement referred to in paragraph 2 above. 
-5. I am duly authorised by the tenant to make this declaration.
-Signed ...................................................................................................... 
- 
- 
-DECLARED this ...........................day of..................................................
-To:  
-(Tenant’s name and address) 
- 
- 
-From: 
-(Landlord’s name and address) 
- 
- 
- 
-IMPORTANT NOTICE 
- 
-You are being offered a lease without security of tenure. Do not commit yourself to the lease unless you have 
-read this message carefully and have discussed it with a professional adviser. 
- 
-Business tenants normally have security of tenure – the right to stay in their business premises when the lease ends.
-If you commit yourself to the lease you will be giving up these important legal rights. 
- 
-• 
-You will have no right to stay in the premises when the lease ends. 
- 
-• 
-Unless the landlord chooses to offer you another lease, you will need to leave the premises. 
- 
-• 
-You will be unable to claim compensation for the loss of your business premises, unless the lease specifically 
-gives you this right. 
- 
-•
-• 
-If the landlord offers you another lease, you will have no right to ask the court to fix the rent. 
- 
-It is therefore important to get professional advice – from a qualified surveyor, lawyer or accountant - before agreeing 
-to give up these rights. 
- 
-If you want to ensure that you can stay in the same business premises when the lease ends, you should consult your 
-adviser about another form of lease that does not exclude the protection of the Landlord and Tenant Act 1954.
-If you receive this notice at least 14 days before committing yourself to the lease, you will need to sign a simple 
-declaration that you have received this notice and have accepted its consequences, before signing the lease. 
- 
-But if you do not receive at least 14 days notice, you will need to sign a “statutory” declaration. To do so, you 
-will need to visit an independent solicitor (or someone else empowered to administer oaths).
-Unless there is a special reason for committing yourself to the lease sooner, you may want to ask the landlord to let 
-you have at least 14 days to consider whether you wish to give up your statutory rights. If you then decided to go 
-ahead with the agreement to exclude the protection of the Landlord and Tenant Act 1954, you would only need to 
-make a simple declaration, and so you would not need to make a separate visit to an independent solicitor.
-Prescribed Notice to the Tenant – the Landlord and Tenant Act 1954 s.38A(3)(a) and the Regulatory Reform (Business Tenancies) (England and 
-Wales) Order 2003 – Schedule 1 
- 
-FORM OF NOTICE THAT SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954 
-ARE NOT TO APPLY TO A BUSINESS TENANCY 
- 
- 
-To:  
-(Tenant’s name and address) 
- 
- 
-From: 
-(Landlord’s name and address) 
- 
- 
- 
-IMPORTANT NOTICE
-You are being offered a lease without security of tenure. Do not commit yourself to the lease unless you have 
-read this message carefully and have discussed it with a professional adviser. 
- 
-Business tenants normally have security of tenure – the right to stay in their business premises when the lease ends. 
- 
-If you commit yourself to the lease you will be giving up these important legal rights. 
- 
-• 
-You will have no right to stay in the premises when the lease ends. 
- 
-•
-• 
-Unless the landlord chooses to offer you another lease, you will need to leave the premises. 
- 
-• 
-You will be unable to claim compensation for the loss of your business premises, unless the lease specifically 
-gives you this right. 
- 
-• 
-If the landlord offers you another lease, you will have no right to ask the court to fix the rent. 
- 
-It is therefore important to get professional advice – from a qualified surveyor, lawyer or accountant - before agreeing 
-to give up these rights.
-If you want to ensure that you can stay in the same business premises when the lease ends, you should consult your 
-adviser about another form of lease that does not exclude the protection of the Landlord and Tenant Act 1954. 
- 
-If you receive this notice at least 14 days before committing yourself to the lease, you will need to sign a simple 
-declaration that you have received this notice and have accepted its consequences, before signing the lease.
-But if you do not receive at least 14 days notice, you will need to sign a “statutory” declaration. To do so, you 
-will need to visit an independent solicitor (or someone else empowered to administer oaths). 
- 
-Unless there is a special reason for committing yourself to the lease sooner, you may want to ask the landlord to let 
-you have at least 14 days to consider whether you wish to give up your statutory rights. If you then decided to go
-ahead with the agreement to exclude the protection of the Landlord and Tenant Act 1954, you would only need to 
-make a simple declaration, and so you would not need to make a separate visit to an independent solicitor.