PROVISOS AND DECLARATIONS. 6.1 The Landlord and the Tenant hereby agree that the Tenant shall not be responsible for the repair maintenance and renewal of the items listed in the Fifth Schedule hereto 6.2 If the Property is destroyed or rendered uninhabitable or falls into a condition of substantial disrepair so that it is determined by an Environmental Health Officer to be unfit for letting as a result of the Landlord’s failure to repair the Tenant shall be able to suspend payment of the Rent with immediate effect and the Tenant shall be deemed to have no further liability in respect of this Lease until the Property is fit for letting any dispute arising under this provision shall be referred to arbitration under the Arbitration ▇▇▇ ▇▇▇▇ 6.3 If at any time during the Term the Rent or any part of it is unpaid for Thirty days after becoming payable (whether formally demanded or not) or if any covenant by the Tenant contained in this Lease is not performed or observed then the Landlord shall serve written notice upon the Tenant giving the Tenant reasonable opportunity to bring the rent up to date or to remedy the breach of contract (as appropriate to the circumstances) and if the Tenant fails to take the appropriate aforesaid action within a reasonable period of time then it shall be lawful for the Landlord at any time thereafter upon further written notice to re-enter upon the Property or any part of the Property in the name of the whole and upon re-entry this demise shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any breach of any covenant by the Tenant contained in this Lease 6.4 In the event that the Landlord and the Tenant agree in writing by reference to this clause that there be a holding over under this Lease following the expiry of the Term the resulting tenancy shall be determinable by either party giving the other three months notice in writing (though for the avoidance of doubt rent will continue to be paid monthly) PROVIDED ALWAYS that in the event of any licensee or sub- tenant of the Tenant vacating the Property after the service but before the expiry of any such notice by the Landlord the Tenant shall be entitled to surrender the Property to the Landlord at any time thereafter and in such case the Tenant shall not be required to pay to the Landlord rent for any period after the date of surrender but without prejudice to any right of action or remedy of either party pursuant to the terms contained in this Lease 6.5 Any notice under this Lease shall be in writing and shall be served on the Landlord by sending it to him at his last known address and shall be served on the Tenant by sending it to the Housing Manager, Civic Offices, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ or such other address as may be notified to the Landlord 6.6 If the Landlord can satisfactorily show that occupation of the Property by the Occupier is causing a nuisance or annoyance to adjoining occupiers the Tenant will use all reasonable endeavours to resolve any nuisance or annoyance in accordance with Woking Borough Council’s Anti-social Behaviour Policy and Procedure (either as set out on the Council’s website below: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/housing/tenants/housingpolicies/tenancypolicy/asbpolicy or copies of which are available on request) 6.7 The Tenant will use all reasonable endeavours to secure vacant possession of the Property upon the expiry or sooner determination of the Lease however in the event that the Occupier continues to reside in the Property after the expiry of the Lease the conditions of the Lease will continue to apply and PROVIDED FURTHER that once the Property is vacated and handed back rent will cease to be payable 6.7.1 Either party may at any time during the term serve upon the other no less than four (4) months notice of their wish to terminate the Lease 6.8 The Tenant may effect such alterations improvements and disabled adaptations during the Term of the Lease as it may deem necessary provided the written consent of the Landlord is first obtained such consent not be unreasonably withheld for the purpose of providing the Occupier with habitable accommodation 6.8.1 Should the Tenant be of the opinion that any part or parts of the Property are in need of repair under the provisions of Clause 5.1 hereof or in the event of a repair being reported to the Tenant which is the responsibility of the Landlord but which is not an emergency the Tenant will notify the Landlord within three working days The Landlord will then be required to complete the work in accordance with the Tenant’s own published timescales as set out in the Fourth Schedule hereto for completing repairs and if the Landlord fails to complete the work within the timescale the Tenant reserves the right to carry out the work in default without prior notice and recover the reasonable costs from the Landlord 6.8.2 In the event of an emergency repair being reported to the Tenant which is the responsibility of the Landlord the Tenant will endeavour to obtain authorisation from the Landlord before carrying out the work (emergency meaning there is a risk to the safety of the persons or damage to property). The Tenant reserves the right to carry out the work itself and recover the reasonable cost from the Landlord in the event that contact with the Landlord cannot be made for any reason 6.8.3 The Landlord shall pay to the Tenant following satisfactory completion of the works falling under clause 6.8.2. above within Fourteen days of written demand an administration fee equal to 7.5 percent of the sums payable by the Tenant plus Value Added Tax thereon together with reimbursement of all professional fees reasonably and properly incurred in connection with expenditure incurred by the Tenant under the provisions of Clauses 6.8.1 and 6.8.2 hereof 6.8.4 Interest shall be paid by the Landlord to the Tenant at the mortgage base rate on any of the payments due from the Landlord to the Tenant hereunder when more than Twenty one days have elapsed from its due date 6.9 The Landlord hereby warrants that he has full power and authority to grant this Lease 6.10 If the Tenant receives a Notice from the Landlord’s mortgagee that such mortgagee’s power of sale has arisen or such mortgagee has or intends to exercise any other power contained in any Legal Charge or Mortgage secured against the premises the Tenant has the Landlord’s irrevocable authority to pay the rent at the next due date (and any other moneys herein payable by the Tenant to the Landlord) to such mortgagee as aforesaid any payment made in good faith by the Tenant pursuant to this clause shall for the purposes of this Lease have the same effect as if it had been a payment to the Landlord 6.11 Notwithstanding the provisions of Clause 6.11 where a mortgagee of the premises has confirmed that its security will be materially prejudiced by reason of the Landlord’s default in making the payments required by the mortgage then the Tenant shall provide vacant possession of the premises to the mortgagee upon not less than six months Notice in writing by the mortgagee specifying its intention to sell with vacant possession and the dates which an Order for Possession was obtained 6.12 The Landlord shall not mortgage or remortgage the Property or offer the Property as security for a loan without the written consent of the Tenant such consent not to be unreasonably withheld. 6.13 It is agreed for the purposes of the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ that this Agreement is not intended to and does not give rights to any third parties to enforce any provisions contained in it
Appears in 1 contract
Sources: Lease Agreement
PROVISOS AND DECLARATIONS. 6.1 5.1 The Landlord and the Tenant hereby agree that the Tenant shall not be responsible for the repair maintenance and renewal of the items listed in the Fifth Schedule hereto
6.2 5.2 If the Property is destroyed or rendered uninhabitable or falls into a condition of substantial disrepair so that it is determined by an Environmental Health Officer to be unfit for letting as a result of the Landlord’s failure to repair the Tenant shall be able to suspend payment of the Rent with immediate effect and the Tenant shall be deemed to have no further liability in respect of this Lease until the Property is fit for letting any dispute arising under this provision shall be referred to arbitration under the Arbitration ▇▇▇ ▇▇▇▇Act 1996
6.3 5.3 If at any time during the Term the Rent or any part of it is unpaid for Thirty days after becoming payable (whether formally demanded or not) or if any covenant by the Tenant contained in this Lease is not performed or observed then the Landlord shall serve written notice upon the Tenant giving the Tenant reasonable opportunity to bring the rent up to date or to remedy the breach of contract (as appropriate to the circumstances) and if the Tenant fails to take the appropriate aforesaid action within a reasonable period of time then it shall be lawful for the Landlord at any time thereafter upon further written notice to re-enter upon the Property or any part of the Property in the name of the whole and upon re-entry this demise shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any breach of any covenant by the Tenant contained in this Lease
6.4 5.4 In the event that the Landlord and the Tenant agree in writing by reference to this clause that there be a holding over under this Lease following the expiry of the Term the resulting tenancy shall be determinable by either party giving the other three four months notice in writing (though for the avoidance of doubt rent will continue to be paid monthly) PROVIDED ALWAYS that in the event of any licensee or sub- sub-tenant of the Tenant vacating the Property after the service but before the expiry of any such notice by the Landlord the Tenant shall be entitled to surrender the Property to the Landlord at any time thereafter and in such case the Tenant shall not be required to pay to the Landlord rent for any period after the date of surrender but without prejudice to any right of action or remedy of either party pursuant to the terms contained in this Lease
6.5 5.5 Any notice under this Lease shall be in writing and shall be served on the Landlord by sending it to him at his last known address and shall be served on the Tenant by sending it to the Housing Manager, Department Civic Offices, Offices ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ or such other address as may be notified to the Landlord
6.6 5.6 If the Landlord can satisfactorily show that occupation of the Property by the Occupier is causing a nuisance or annoyance to adjoining occupiers the Tenant will use all reasonable endeavours to resolve any nuisance or annoyance in accordance with Woking Borough Council’s Anti-social Behaviour Policy and Procedure (either as set out on the Council’s website below: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/housing/tenants/housingpolicies/tenancypolicy/asbpolicy or copies of which are available on request)
6.7 5.7 The Tenant will use all reasonable endeavours to secure vacant possession of the Property upon the expiry or sooner determination of the Lease however in the event that the Occupier continues to reside in the Property after the expiry of the Lease the conditions of the Lease will continue to apply and PROVIDED FURTHER that once the Property is vacated and handed back rent will cease to be payable
6.7.1 5.7.1 Either party may at any time during the term serve upon the other no less than four (4) months notice of their wish to terminate the Lease
6.8 5.8 The Tenant may effect such alterations improvements and disabled adaptations during the Term of the Lease as it may deem necessary provided the written consent of the Landlord is first obtained such consent not be unreasonably withheld for the purpose of providing the Occupier with habitable accommodation
6.8.1 5.8.1 Should the Tenant be of the opinion that any part or parts of the Property are in need of repair under the provisions of Clause 5.1 hereof or in the event of a repair being reported to the Tenant which is the responsibility of the Landlord but which is not an emergency the Tenant will notify the Landlord within three working days The Landlord will then be required to complete the work in accordance with the Tenant’s own published timescales as set out in the Fourth Schedule hereto for completing repairs and if the Landlord fails to complete the work within the timescale the Tenant reserves the right to carry out the work in default without prior notice and recover the reasonable costs from the Landlord
6.8.2 5.8.2 In the event of an emergency repair being reported to the Tenant which is the responsibility of the Landlord the Tenant will endeavour to obtain authorisation from the Landlord before carrying out the work (emergency meaning there is a risk to the safety of the persons or damage to property). The Tenant reserves the right to carry out the work itself and recover the reasonable cost from the Landlord in the event that contact with the Landlord cannot be made for any reason
6.8.3 5.8.3 The Landlord shall pay to the Tenant following satisfactory completion of the works falling under clause 6.8.25.8.2. above within Fourteen days of written demand an administration fee equal to 7.5 percent of the sums payable by the Tenant plus Value Added Tax thereon together with reimbursement of all professional fees reasonably and properly incurred in connection with expenditure incurred by the Tenant under the provisions of Clauses 6.8.1 5.8.1 and 6.8.2 5.8.2 hereof
6.8.4 5.8.4 Interest shall be paid by the Landlord to the Tenant at the mortgage base rate on any of the payments due from the Landlord to the Tenant hereunder when more than Twenty one days have elapsed from its due date
6.9 5.9 The Landlord hereby warrants that he has full power and authority to grant this Lease
6.10 5.10 If the Tenant receives a Notice from the Landlord’s mortgagee that such mortgagee’s power of sale has arisen or such mortgagee has or intends to exercise any other power contained in any Legal Charge or Mortgage secured against the premises the Tenant has the Landlord’s irrevocable authority to pay the rent at the next due date (and any other moneys herein payable by the Tenant to the Landlord) to such mortgagee as aforesaid any payment made in good faith by the Tenant pursuant to this clause shall for the purposes of this Lease have the same effect as if it had been a payment to the Landlord
6.11 5.11 Notwithstanding the provisions of Clause 6.11 5.10 where a mortgagee of the premises has confirmed that its security will be materially prejudiced by reason of the Landlord’s default in making the payments required by the mortgage then the Tenant shall provide vacant possession of the premises to the mortgagee upon not less than six months Notice in writing by the mortgagee specifying its intention to sell with vacant possession and the dates which an Order for Possession was obtained
6.12 5.12 The Landlord shall not mortgage or remortgage the Property or offer the Property as security for a loan without the written consent of the Tenant such consent not to be unreasonably withheld.
6.13 5.13 It is agreed for the purposes of the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ Act 1999 that this Agreement is not intended to and does not give rights to any third parties to enforce any provisions contained in it
Appears in 1 contract
Sources: Lease Agreement
PROVISOS AND DECLARATIONS. 6.1 5.1 The Landlord and the Tenant hereby agree that the Tenant shall not be responsible for the repair maintenance and renewal of the items listed in the Fifth Schedule hereto
6.2 5.2 If the Property is destroyed or rendered uninhabitable or falls into a condition of substantial disrepair so that it is determined by an Environmental Health Officer to be unfit for letting as a result of the Landlord’s failure to repair the Tenant shall be able to suspend payment of the Rent with immediate effect and the Tenant shall be deemed to have no further liability in respect of this Lease until the Property is fit for letting any dispute arising under this provision shall be referred to arbitration under the Arbitration ▇▇▇ ▇▇▇▇
6.3 5.3 If at any time during the Term the Rent or any part of it is unpaid for Thirty days after becoming payable (whether formally demanded or not) or if any covenant by the Tenant contained in this Lease is not performed or observed then the Landlord shall serve written notice upon the Tenant giving the Tenant reasonable opportunity to bring the rent up to date or to remedy the breach of contract (as appropriate to the circumstances) and if the Tenant fails to take the appropriate aforesaid action within a reasonable period of time then it shall be lawful for the Landlord at any time thereafter upon further written notice to re-enter upon the Property or any part of the Property in the name of the whole and upon re-entry this demise shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any breach of any covenant by the Tenant contained in this Lease
6.4 5.4 In the event that the Landlord and the Tenant agree in writing by reference to this clause that there be a holding over under this Lease following the expiry of the Term the resulting tenancy shall be determinable by either party giving the other three four months notice in writing (though for the avoidance of doubt rent will continue to be paid monthly) PROVIDED ALWAYS that in the event of any licensee or sub- sub-tenant of the Tenant vacating the Property after the service but before the expiry of any such notice by the Landlord the Tenant shall be entitled to surrender the Property to the Landlord at any time thereafter and in such case the Tenant shall not be required to pay to the Landlord rent for any period after the date of surrender but without prejudice to any right of action or remedy of either party pursuant to the terms contained in this Lease
6.5 5.5 Any notice under this Lease shall be in writing and shall be served on the Landlord by sending it to him at his last known address and shall be served on the Tenant by sending it to the Housing Manager, Department Civic Offices, Offices ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ or such other address as may be notified to the Landlord
6.6 5.6 If the Landlord can satisfactorily show that occupation of the Property by the Occupier is causing a nuisance or annoyance to adjoining occupiers the Tenant will use all reasonable endeavours to resolve any nuisance or annoyance in accordance with Woking Borough Council’s Anti-social Behaviour Policy and Procedure (either as set out on the Council’s website below: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/housing/tenants/housingpolicies/tenancypolicy/asbpolicy or copies of which are available on request)
6.7 5.7 The Tenant will use all reasonable endeavours to secure vacant possession of the Property upon the expiry or sooner determination of the Lease however in the event that the Occupier continues to reside in the Property after the expiry of the Lease the conditions of the Lease will continue to apply and PROVIDED FURTHER that once the Property is vacated and handed back rent will cease to be payable
6.7.1 5.7.1 Either party may at any time during the term serve upon the other no less than four (4) months notice of their wish to terminate the Lease
6.8 5.8 The Tenant may effect such alterations improvements and disabled adaptations during the Term of the Lease as it may deem necessary provided the written consent of the Landlord is first obtained such consent not be unreasonably withheld for the purpose of providing the Occupier with habitable accommodation
6.8.1 5.8.1 Should the Tenant be of the opinion that any part or parts of the Property are in need of repair under the provisions of Clause 5.1 hereof or in the event of a repair being reported to the Tenant which is the responsibility of the Landlord but which is not an emergency the Tenant will notify the Landlord within three working days The Landlord will then be required to complete the work in accordance with the Tenant’s own published timescales as set out in the Fourth Schedule hereto for completing repairs and if the Landlord fails to complete the work within the timescale the Tenant reserves the right to carry out the work in default without prior notice and recover the reasonable costs from the Landlord
6.8.2 5.8.2 In the event of an emergency repair being reported to the Tenant which is the responsibility of the Landlord the Tenant will endeavour to obtain authorisation from the Landlord before carrying out the work (emergency meaning there is a risk to the safety of the persons or damage to property). The Tenant reserves the right to carry out the work itself and recover the reasonable cost from the Landlord in the event that contact with the Landlord cannot be made for any reason
6.8.3 5.8.3 The Landlord shall pay to the Tenant following satisfactory completion of the works falling under clause 6.8.25.8.2. above within Fourteen days of written demand an administration fee equal to 7.5 percent of the sums payable by the Tenant plus Value Added Tax thereon together with reimbursement of all professional fees reasonably and properly incurred in connection with expenditure incurred by the Tenant under the provisions of Clauses 6.8.1 5.8.1 and 6.8.2 5.8.2 hereof
6.8.4 5.8.4 Interest shall be paid by the Landlord to the Tenant at the mortgage base rate on any of the payments due from the Landlord to the Tenant hereunder when more than Twenty one days have elapsed from its due date
6.9 5.9 The Landlord hereby warrants that he has full power and authority to grant this Lease
6.10 5.10 If the Tenant receives a Notice from the Landlord’s mortgagee that such mortgagee’s power of sale has arisen or such mortgagee has or intends to exercise any other power contained in any Legal Charge or Mortgage secured against the premises the Tenant has the Landlord’s irrevocable authority to pay the rent at the next due date (and any other moneys herein payable by the Tenant to the Landlord) to such mortgagee as aforesaid any payment made in good faith by the Tenant pursuant to this clause shall for the purposes of this Lease have the same effect as if it had been a payment to the Landlord
6.11 5.11 Notwithstanding the provisions of Clause 6.11 5.10 where a mortgagee of the premises has confirmed that its security will be materially prejudiced by reason of the Landlord’s default in making the payments required by the mortgage then the Tenant shall provide vacant possession of the premises to the mortgagee upon not less than six months Notice in writing by the mortgagee specifying its intention to sell with vacant possession and the dates which an Order for Possession was obtained
6.12 5.12 The Landlord shall not mortgage or remortgage the Property or offer the Property as security for a loan without the written consent of the Tenant such consent not to be unreasonably withheld.
6.13 5.13 It is agreed for the purposes of the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ that this Agreement is not intended to and does not give rights to any third parties to enforce any provisions contained in it
Appears in 1 contract
Sources: Lease Agreement