Terms and Conditions of Occupation

The tenant shall not be allowed access to the Unit until all Deposits have been paid to the Landlord

Upon Termination of this Agreement the Deposit(s) paid to the Landlord shall be returned to the Tenant without interest.

The Landlord shall be entitled to deduct from any Deposit(s) paid by the Tenant any reasonable amounts due to the landlord by the Tenant

If insufficient monies are available from the Deposit(s) to make such payment to the Landlord the Tenant hereby agrees to immediate payment to the Landlord

If such payment is not made immediately to the Landlord when demanded the Landlord shall have the right to charge interest on any such amount due at a rate of 3% above National Westminster Base Rate and shall also have the right to charge any reasonable costs incurred in recovering any such amounts due.

1. Permitted Use of the Unit

The Tenant shall use the Unit for the purpose of < and for no other purpose whatsoever.

The Tenant shall be responsible for ensuring that all Statutory Approvals and Consents have been obtained for such use prior to commencement of occupation of the Unit and shall be responsible for all costs associated with obtaining all such Approvals and Consents. The Tenant shall not use any part of the Unit or suffer same to be used for a club, or in the manufacture, distribution, sale or supply of intoxicating liquors nor for any noxious, offensive, noisy, dangerous or illegal trade or business or for any purpose which may be deemed by the Landlord or its superior Landlord to be a nuisance, cause damage, grievance or annoyance to the Landlord or its Tenants.

2. Rent and Service Charge

The Tenant shall pay to the Landlord on demand the rent and service charge for the Unit as determined by the Landlord.

The Rent and Service Charge shall be payable monthly in advance when demanded by the Landlord.

3. Rent and Service Charge Review

The Landlord shall be entitled at any time to increase the Rent and/or Service Charge due under this Agreement.

The Landlord’s decision on such matters shall be final.

4. Landlord’s Obligations Under this Agreement

• The Landlord hereby undertakes to pay or set aside monies for the following outgoings of the Unit (the Operating Costs)
• Comprehensive Insurance of the Unit and its plant and equipment (including the structure of the Unit but excluding its contents) against fire, aircraft, explosion, theft and allied risks at full replacement cost and including associated Professional Fees and loss of rent.
• Insurance against the Landlord’s Public and Employer’s Liability in respect of the Unit.
• Reasonable precaution against theft and damage in and to the Unit but excluding its contents.
• Reasonable repair and maintenance of the Unit (fair wear and tear excepted) but excluding its contents and those repair and maintenance works that are the responsibility of the Tenant as defined in Section 10 below.
• Maintaining a prudent reserve against any future liabilities and expenses including further major expenditure on maintenance, improvements and renewal.
• Clearing any previous deficit in the Landlord’s Reserve, including interest charges.
• Establishing an on-site Management Office.
• Employing full time on-site staff as considered necessary and appropriate by the Landlord.
• Payment of the cost of administering the Unit including the collection and auditing of accounts, rents and service charges.
• Providing such other services and facilities as the Landlord determines.
• The Landlord’s decision on such matters is final.

The Landlord shall recover as part of the rent payable, a Service Charge being the estimated amount of its reasonable Operating Costs from all Tenants. Such Service Charge shall be calculated by a standard and equitable apportionment taking into account the additional cost of servicing smaller Units within the Workplace Complex.

In signing this Tenancy Agreement the Tenant accepts the Landlord’s calculation of the Service Charge to be recovered as part of the rent payable.

5. Tenant’s Obligations Under the Agreement

The Tenant hereby agrees to fully comply with the following requirements:

1.     Access Rights.  

a.     Permit the Landlord, its Agent or Superior Landlord to enter into the Unit upon giving reasonable Notice to ensure that the terms of the Tenancy are being complied with and to examine, repair or improve that structure and services to the Unit.

b.     In cases of emergency the Landlord, its Agent or Superior Landlord shall have the right to immediate access into the Unit.   

2.     Alteration and Adaptations  

a.     Not to make any alterations or adaptations to the Unit with the prior written consent of the Landlord. 

b.     To reimburse the Landlord its reasonable costs of inspecting the Unit and reinstating any alterations or adaptations made by the Tenant where the Landlord so requires.  

3.     Tenant’s Handbook and documents   

a.     To observe all the requirements and regulations as contained within the current Tenants’ Handbook. 

b.     In signing the Tenancy the Tenant acknowledges receipt of the current Tenants’ Handbook and relevant documents(s)  

 

4.     Statutory Compliance 

a.     At its own expense to conform to all Statutory Regulations and Consents. 

b.     To indemnify the Landlord against any claim of liability that may arise as a result of the Tenant’s non-compliance with Statutory Regulations and Consents.   

5.     Insurance 

a.     Not to do anything to invalidate or increase the cost of the Landlord’s Insurance. 

b.     To insure the contents of the Unit and provide adequate and appropriate Public Liability Insurance as advised within the Tenants’ Handbook. 

c.     To provide to the Landlord when requested a copy of the Tenant’s Insurance Policy for inspection.   

6.     Dishonoured Cheques 

a.     To pay in cash to the Landlord all sums due that are unpaid as a result of a cheque being dishonoured. 

b.     To pay to the Landlord a reasonable administration fee in dealing with any dishonoured cheques.   

7.     Interest on Late Payments 

a.     To pay interest on late payments of Rent, Service Charge or any other charge at a rate 3% above National Westminster Base Rate when such payments are 14 days overdue. 

b.     To pay an administration charge of £10.00 (Ten Pounds) to the Landlord in these circumstances. 

c.     Such administration charges shall be reviewed by the Landlord from time to time.  

8.     Assignment and Subletting 

a.     Not to assign, sublet or part with possession of any part of the Unit. 

9.     Payment of Rent and Charges 

a.     To pay the Rent and Service Charge in full on the commencement day of the Tenancy Agreement and on the first day of each subsequent month. 

b.     To pay electricity charges and other charges that may be made from time to time (other than those charged referred to in Clause 9 above) within seven days of demand.  

10.   Repairs 

a.     To maintain the Unit, its fixtures, fittings, glass, equipment and decoration in as good a condition as at the commencement of the Tenancy Agreement. 

b.     At the termination of the Tenancy to repair any damage to the unit caused by the removal of the Tenant’s fixtures and fittings. 

11.   Improvements 

a.     Upon termination of the Tenancy, to leave in place any improvements undertaken to the Unit.  

b.     No reimbursement shall be made to the Tenant for improvement works undertaken to the Unit. 

12.   Fire Safety Protocols 

a.     To comply with all Fire Safety requirements as detailed within the Tenants’ Handbook.  

6. Tenants’ Property

Tenants’ property within the Unit is the responsibility of the Tenant and the Tenant shall bear all risks in this matter.

7. Loans and Collateral

This Tenancy Agreement does not give the Tenant any security of Tenure under Landlord and Tenant Legislation or provide collateral for securing Finance.

8. Limit on Landlords Liabilities

Under the Provisions of The Unfair Contract Terms Act 1977 the Landlord shall not be liable to the Tenant for, and the Tenant shall indemnify the Landlord against any actions, claims, demands, losses and expenses which may be brought or made or sustained or incurred by the Landlord howsoever arising directly out of or in connection with this Tenancy and in respect of the following matters: -

• death or injury to any person unless arising from the Landlord’s negligence as defined in Section 1 of the Act. “Any person” included, but is not limited to the Tenant, the Tenants’ Invitees and Employees,
• Loss of or damage to the Tenants’ property or that of any other person.
• Any consequential or other loss incurred or suffered by the Tenant or any other person. Loss includes:
• Any loss caused by failure or inadequacy or lighting, power, heating, or plumbing in the Unit or any other place.
• Any damage to the Tenants goods
• Any disruption of the Tenants’ business as a result of any fire or water damage or any other cause.

9. Termination

Because this is a tenancy at will, either of the Landlord or the Tenant may terminate this tenancy at any time. However, one calendar month’s notice is required by either party to terminate this agreement, unless the Tenant is in breach of this agreement.

E-mail Notices and Disclaimers

Cariocca Enterprises (Manchester) Limited which is a Company Limited by Guarantee. Registered Office: Unit 55. 2 Hellidon Close. Ardwick. Manchester M12 4AH. Reg. No. in England: 2055002 VAT No. 519 6988 84.

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Cariocca Enterprises (Manchester) Limited is a Company Limited by Guarantee.
Registered Office:
Unit 55. 2 Hellidon Close. Ardwick.
Manchester M12 4AH.
Reg. No. in England: 2055002