Common use of RIGHT TO MOVE Clause in Contracts

RIGHT TO MOVE. Tenant hereby agrees with Landlord that, upon the request of Landlord made not more than one time during the Term, as it may be extended, Tenant shall relocate from the Premises then demised to Tenant under this Lease (the "Original Premises") to other premises (the "Relocated Premises") within the Building having a comparable size, utility capacity, view, windowline, buildout quality and décor, and which Relocated Premises shall be as contiguous as the Original Premises and shall have similar access to the General Lot. Upon such relocation the Relocated Premises shall become the Premises demised under this Lease and wherever the term "Premises" is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord shall give Tenant not less than nine (9) months' notice of Xxxxxxxx's intention to relocate Tenant. In the event of any such relocation, Xxxxxxxx will move Tenant at night or on a weekend to minimize interference with Xxxxxx's business. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises and shall place the same into substantially equivalent condition to that in which the Original Premises were in prior to such relocation, including without limitation, Tenant's painting, carpeting, fixturing and cabling, and Landlord shall also reimburse Tenant for Tenant's reasonable relocation and moving expenses in so relocating to the Relocated Premises upon billing therefor from Tenant, which costs shall include, without limitation, the costs of relocating furniture, files and equipment, telephone installation, computer wiring and cabling, and reasonable costs of new stationery and business cards. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items provided that that Relocated Premises are sufficiently complete such that Tenant may reasonably conduct its business therein without interruption. Upon any such relocation, Tenant shall enter into an amendment to this Lease confirming such relocation, but Xxxxxx's failure to enter into such amendment shall not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises. Provided that if the relocation space is smaller than the Original Premises, the Rent shall be proportionately adjusted but no rent adjustment shall be made if the relocation space is larger than the original Premises.

RIGHT TO MOVE. Tenant hereby agrees To comply with Landlord thatthe “Right to Move – Statutory guidance on social housing allocations for local housing authorities in England 2015”, upon the request following applies to existing social housing tenants. Existing social housing tenants will not be disqualified on the grounds of Landlord made not more than no local connection if they:  Have reasonable preference under s.166a(3)(e) because of a need to move to one of the Pennine Lancashire districts covered by the partnership to avoid hardship, and  They need to move because they currently work in Pennine Lancashire, or  They need to move to take up an offer of employment in Pennine Lancashire, and  Hardship would be caused if they didn’t move If these criteria are met, the applicant will be awarded band three for “applicants needing to move to a particular locality, where hardship would be caused if they didn’t”. When determining hardship, each will be considered on a case by case basis, and the following factors will be considered:  The time during taken to travel to employment  The distance or costs incurred to access the Termemployment  If failure to move would result in the applicant losing the opportunity to gain a better job or promotion, an apprenticeship, increased hours or pay, or move from unemployment to employment  If the nature of work is likely to be available closer to the applicants home  Any relevant personal factors such as existing care responsibilities or medical conditions which could be impacted A quota of 1% of a partner landlords lets will be prioritised for Right to Move applicants, based on the total of the previous year’s lettings by each partner landlord. The number of Right to Move lets will be rounded up to the nearest whole figure, and will be advertised giving preference to applicants falling under the Right to Move criteria. The rationale behind the 1% quota is that it is expected there will be very few qualifying Right to Move applicants, however the quota will be reviewed in line with the overall policy. Appendix Two: Homelessness If an applicant approaches a local authority partner (Burnley Council, Xxxxxxxxx with Darwen Council, Hyndburn Council, Pendle Council or Rossendale Council) for assistance as they are homeless, or may be threatened with homelessness, the relevant local authority will make enquiries under the 1996 Housing Act (as amended by the Homelessness Reduction Act 2017). Whichever legal duty may be owed by the local authority to the applicant will determine which band is awarded to the applicant. The banding will only be awarded for the length of time the relevant duty is owed. Only the relevant local authority partner may award or remove these bands. Band One An applicant assessed by a local authority partner under homelessness legislation and who is owed a full statutory duty under S193(2) of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This is where a relevant local authority partner has a legal duty to secure accommodation for households who are:  Eligible, and  In a priority need category, and  Unintentionally homeless Where an applicant is awarded this duty, the local authority partner, so far as is reasonably practicable, will discharge its section 193(2) duty to the applicant by securing accommodation within its district. As such, the applicant will only be able to bid as a Band One applicant within the relevant local authority district. Whilst there is recognition of the applicant’s urgent need to secure accommodation, this must also be balanced against the pressures caused by demand on the local housing stock. Some areas and types of property are in extremely high demand and waiting times can be lengthy. Therefore, it may not always be extendedpossible to re-house people according to their preferred options. In order to reduce waiting times and to facilitate choice, Tenant shall relocate applicants owed a section 193(2) duty will retain Band One until they receive one suitable offer of accommodation. If an applicant refuses an offer made, they would have the right to request a review of the suitability of the accommodation made to the relevant local authority partner. However, if the offer is found to be suitable, the local authority may no longer owe the applicant a duty under section 193(2) and this would mean that the applicant loses the Band One which had been awarded. In such circumstances, their application would be re-assessed and awarded the relevant banding according to their needs. Proxy bidding If an applicant chooses not to bid for all properties for which they are eligible, the relevant local authority partner will begin making proxy bids on behalf of that applicant whilst giving due consideration to whether it would be a “suitable offer” if the applicant was to be successful. If the applicant is not being provided with temporary accommodation by the relevant local authority partner, the applicant will be given a minimum two week period to bid wherever they like, from the Premises then demised to Tenant under this Lease (date of the "Original Premises"decision letter confirming that the applicant is owed a section 193(2) to other premises (duty.  If the "Relocated Premises") applicant has not been successful after a minimum of two weeks, the relevant local authority will place proxy bids for all properties within the Building having applicants indicated “area of preference”  If the applicant has not been successful after a comparable sizeminimum of four weeks, utility capacitythe local authority will also place proxy bids in areas outside the applicants indicated “area of preference” to cover more of the local authority district  If the applicant has not been successful after a minimum of six weeks, viewthe local authority will place proxy bids in all areas of the local authority district If the applicant is being provided with temporary accommodation by the relevant local authority partner, windowlineor at the point that the applicant is provided with temporary accommodation, buildout quality and décorthe relevant local authority partner will place proxy bids on the applicants behalf for any properties within their “area of preference” that the applicant has not made.  If the applicant has not been successful within a minimum of two weeks, the local authority will place proxy bids in areas outside the applicants indicated “area of preference” to cover more of the local authority district  If the applicant has not been successful by the end of a minimum of four weeks, the local authority will place proxy bids in all areas of the local authority district Applicants should also be aware that the Localism Act 2011 gives local authorities the power to end their section 193(2) homelessness duty by offering a suitable private rented home with a fixed term tenancy without the applicants consent. Band One An applicant assessed by a local authority partner under homelessness prevention scheme. The applicant will be awarded Band One where the local authority has:  Accepted a section 195(2) Prevention Duty or 189B(2) Relief Duty, and which Relocated Premises shall  Considered the applicant to be in priority need and unintentionally homeless, whether a decision to that effect has been made or not, and  Provided temporary accommodation to meet a section 188 Interim Accommodation Duty or the applicant is at risk of being placed in temporary accommodation, for example as contiguous a result of repossession action through the courts where there is no defence And where one or more of the following issues apply:  The local authority partner may be at risk of failing a legal duty under homelessness legislation  There would be considered to be significant financial implications of placing the applicant and household in interim accommodation  The applicant requires a specific type and/or size of property that rarely becomes available, such as a three bedroom bungalow or an adapted four bedroom house, or a location where vacancies rarely occur Under this scheme:  The banding will only apply whilst the Original Premises and shall have similar access local authority partner owes the applicant a section 195(2) Prevention Duty or 189B (2) Relief duty  The applicant will be subject to the General Lot. Upon such relocation the Relocated Premises shall become the Premises demised “one suitable offer” policy and “proxy bidding” as described for applicants assessed by a local authority partner under this Lease homelessness legislation and wherever the term "Premises" who is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord shall give Tenant not less than nine (9owed a full statutory duty under S193(2) months' notice of Xxxxxxxx's intention to relocate Tenant. In the event of any such relocation, Xxxxxxxx will move Tenant at night or on a weekend to minimize interference with Xxxxxx's business. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises Housing Act 1996 Band Two An applicant assessed by a local authority partner a being owed a duty to help prevent their homelessness – a section 195(2) duty of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This banding is awarded where an applicant is assessed by the local authority partner as being at risk of homelessness within 56 days and shall place who is actively engaging with the same into substantially equivalent condition local authority partner to prevent their homelessness. Band Two An applicant assessed by a local authority partner a being owed a duty to help relieve their homelessness – a section 189B(2) duty of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This banding is awarded where an applicant is assessed by the local authority partner as being homeless and who is actively engaging with the local authority partner to relieve their homelessness. Band Three An applicant who is homeless within the meaning of Part VII Housing Act 1996 (as amended by the Homelessness Reduction Act 2017) who is not owed a duty under section 189B(2) or s193(2) of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). These are applicants who are homeless or at risk of homelessness within the meaning of Part VII Housing Act 1996 but who have not been awarded a duty as described for Band One or Band Two. Such cases include:  Applicants who have been found to be intentionally homeless from their previous settled address – section 184 of Part VII Housing Act 1996 (as amended)  Applicants who become homeless intentionally from any accommodation made available as a result of the local authority partners exercise of the functions under homelessness legislation – section 195(8)(d), section 189B(7)(d), section 193C(5)(b) and section 193(6)(b) of Part VII Housing Act 1996 (as amended)  Applicants who had refused suitable accommodation that in which the Original Premises were in prior had a reasonable prospect of being available for at least six months – section 195(8)(d), section 193(5), section 193(7), section 193C(5)(b) and section 193(6)(b) of Part VII Housing Act 1996 (as amended)  Applicants notified that they have deliberately and unreasonably refused to such relocation, including without limitation, Tenant's painting, carpeting, fixturing and cabling, and Landlord shall also reimburse Tenant for Tenant's reasonable relocation and moving expenses in so relocating cooperate – section 193B of Part VII Housing Act 1996 (as amended)  Applicants found to the Relocated Premises upon billing therefor from Tenant, which costs shall include, without limitation, the costs of relocating furniture, files and equipment, telephone installation, computer wiring and cabling, and reasonable costs of new stationery and business cards. Tenant shall not be required in priority need – section 184 of Part VII Housing Act 1996 (as amended)  Referral to vacate another local authority which is not a partner local authority under section 198 or section 213 of Part VII Housing Act 1996 (as amended)  Applicants who voluntarily ceases to occupy as their only principal home the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items provided that that Relocated Premises are sufficiently complete such that Tenant may reasonably conduct its business therein without interruption. Upon any such relocation, Tenant shall enter into an amendment to this Lease confirming such relocation, but Xxxxxx's failure to enter into such amendment shall not affect accommodation made available for their occupation – section 193C(5)(d) or section 193(6)(d) of Part VII Housing Act 1996 (as amended)  56 days have expired since awarding prevention or relief duty as described in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises. Provided that if the relocation space is smaller than the Original Premises, the Rent shall be proportionately adjusted but no rent adjustment shall be made if the relocation space is larger than the original Premises.Band Two

RIGHT TO MOVE. Tenant hereby agrees To comply with Landlord thatthe “Right to Move – Statutory guidance on social housing allocations for local housing authorities in England 2015”, upon the request following applies to existing social housing tenants. Existing social housing tenants will not be disqualified on the grounds of Landlord made not more than no local connection if they: • Have reasonable preference under s.166a(3)(e) because of a need to move to one of the Pennine Lancashire districts covered by the partnership to avoid hardship, and • They need to move because they currently work in Pennine Lancashire, or • They need to move to take up an offer of employment in Pennine Lancashire, and • Hardship would be caused if they didn’t move If these criteria are met, the applicant will be awarded band three for “applicants needing to move to a particular locality, where hardship would be caused if they didn’t”. When determining hardship, each will be considered on a case by case basis, and the following factors will be considered: • The time during taken to travel to employment • The distance or costs incurred to access the Termemployment • If failure to move would result in the applicant losing the opportunity to gain a better job or promotion, an apprenticeship, increased hours or pay, or move from unemployment to employment • If the nature of work is likely to be available closer to the applicants home • Any relevant personal factors such as existing care responsibilities or medical conditions which could be impacted A quota of 1% of a partner landlords lets will be prioritised for Right to Move applicants, based on the total of the previous year’s lettings by each partner landlord. The number of Right to Move lets will be rounded up to the nearest whole figure, and will be advertised giving preference to applicants falling under the Right to Move criteria. The rationale behind the 1% quota is that it is expected there will be very few qualifying Right to Move applicants, however the quota will be reviewed in line with the overall policy. Appendix Two: Homelessness If an applicant approaches a local authority partner (Burnley Council, Xxxxxxxxx with Darwen Council, Hyndburn Council, Pendle Council or Rossendale Council) for assistance as they are homeless, or may be threatened with homelessness, the relevant local authority will make enquiries under the 1996 Housing Act (as amended by the Homelessness Reduction Act 2017). Whichever legal duty may be owed by the local authority to the applicant will determine which band is awarded to the applicant. The banding will only be awarded for the length of time the relevant duty is owed. Only the relevant local authority partner may award or remove these bands. Band One An applicant assessed by a local authority partner under homelessness legislation and who is owed a full statutory duty under S193(2) of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This is where a relevant local authority partner has a legal duty to secure accommodation for households who are: • Eligible, and • In a priority need category, and • Unintentionally homeless Where an applicant is awarded this duty, the local authority partner, so far as is reasonably practicable, will discharge its section 193(2) duty to the applicant by securing accommodation within its district. As such, the applicant will only be able to bid as a Band One applicant within the relevant local authority district. Whilst there is recognition of the applicant’s urgent need to secure accommodation, this must also be balanced against the pressures caused by demand on the local housing stock. Some areas and types of property are in extremely high demand and waiting times can be lengthy. Therefore, it may not always be extendedpossible to re-house people according to their preferred options. In order to reduce waiting times and to facilitate choice, Tenant shall relocate applicants owed a section 193(2) duty will retain Band One until they receive one suitable offer of accommodation. If an applicant refuses an offer made, they would have the right to request a review of the suitability of the accommodation made to the relevant local authority partner. However, if the offer is found to be suitable, the local authority may no longer owe the applicant a duty under section 193(2) and this would mean that the applicant loses the Band One which had been awarded. In such circumstances, their application would be re-assessed and awarded the relevant banding according to their needs. Proxy bidding If an applicant chooses not to bid for all properties for which they are eligible, the relevant local authority partner will begin making proxy bids on behalf of that applicant whilst giving due consideration to whether it would be a “suitable offer” if the applicant was to be successful. If the applicant is not being provided with temporary accommodation by the relevant local authority partner, the applicant will be given a minimum two week period to bid wherever they like, from the Premises then demised to Tenant under this Lease (date of the "Original Premises"decision letter confirming that the applicant is owed a section 193(2) to other premises (duty. • If the "Relocated Premises") applicant has not been successful after a minimum of two weeks, the relevant local authority will place proxy bids for all properties within the Building having applicants indicated “area of preference” • If the applicant has not been successful after a comparable sizeminimum of four weeks, utility capacitythe local authority will also place proxy bids in areas outside the applicants indicated “area of preference” to cover more of the local authority district • If the applicant has not been successful after a minimum of six weeks, viewthe local authority will place proxy bids in all areas of the local authority district If the applicant is being provided with temporary accommodation by the relevant local authority partner, windowlineor at the point that the applicant is provided with temporary accommodation, buildout quality and décorthe relevant local authority partner will place proxy bids on the applicants behalf for any properties within their “area of preference” that the applicant has not made. • If the applicant has not been successful within a minimum of two weeks, the local authority will place proxy bids in areas outside the applicants indicated “area of preference” to cover more of the local authority district • If the applicant has not been successful by the end of a minimum of four weeks, the local authority will place proxy bids in all areas of the local authority district Applicants should also be aware that the Localism Act 2011 gives local authorities the power to end their section 193(2) homelessness duty by offering a suitable private rented home with a fixed term tenancy without the applicants consent. Band One An applicant assessed by a local authority partner under homelessness prevention scheme. The applicant will be awarded Band One where the local authority has: • Accepted a section 195(2) Prevention Duty or 189B(2) Relief Duty, and which Relocated Premises shall • Considered the applicant to be in priority need and unintentionally homeless, whether a decision to that effect has been made or not, and • Provided temporary accommodation to meet a section 188 Interim Accommodation Duty or the applicant is at risk of being placed in temporary accommodation, for example as contiguous a result of repossession action through the courts where there is no defence And where one or more of the following issues apply: • The local authority partner may be at risk of failing a legal duty under homelessness legislation • There would be considered to be significant financial implications of placing the applicant and household in interim accommodation • The applicant requires a specific type and/or size of property that rarely becomes available, such as a three bedroom bungalow or an adapted four bedroom house, or a location where vacancies rarely occur Under this scheme: • The banding will only apply whilst the Original Premises and shall have similar access local authority partner owes the applicant a section 195(2) Prevention Duty or 189B (2) Relief duty • The applicant will be subject to the General Lot. Upon such relocation the Relocated Premises shall become the Premises demised “one suitable offer” policy and “proxy bidding” as described for applicants assessed by a local authority partner under this Lease homelessness legislation and wherever the term "Premises" who is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord shall give Tenant not less than nine (9owed a full statutory duty under S193(2) months' notice of Xxxxxxxx's intention to relocate Tenant. In the event of any such relocation, Xxxxxxxx will move Tenant at night or on a weekend to minimize interference with Xxxxxx's business. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises Housing Act 1996 Band Two An applicant assessed by a local authority partner a being owed a duty to help prevent their homelessness – a section 195(2) duty of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This banding is awarded where an applicant is assessed by the local authority partner as being at risk of homelessness within 56 days and shall place who is actively engaging with the same into substantially equivalent condition local authority partner to prevent their homelessness. Band Two An applicant assessed by a local authority partner a being owed a duty to help relieve their homelessness – a section 189B(2) duty of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). This banding is awarded where an applicant is assessed by the local authority partner as being homeless and who is actively engaging with the local authority partner to relieve their homelessness. Band Three An applicant who is homeless within the meaning of Part VII Housing Act 1996 (as amended by the Homelessness Reduction Act 2017) who is not owed a duty under section 189B(2) or s193(2) of the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017). These are applicants who are homeless or at risk of homelessness within the meaning of Part VII Housing Act 1996 but who have not been awarded a duty as described for Band One or Band Two. Such cases include: • Applicants who have been found to be intentionally homeless from their previous settled address – section 184 of Part VII Housing Act 1996 (as amended) • Applicants who become homeless intentionally from any accommodation made available as a result of the local authority partners exercise of the functions under homelessness legislation – section 195(8)(d), section 189B(7)(d), section 193C(5)(b) and section 193(6)(b) of Part VII Housing Act 1996 (as amended) • Applicants who had refused suitable accommodation that in which the Original Premises were in prior had a reasonable prospect of being available for at least six months – section 195(8)(d), section 193(5), section 193(7), section 193C(5)(b) and section 193(6)(b) of Part VII Housing Act 1996 (as amended) • Applicants notified that they have deliberately and unreasonably refused to such relocation, including without limitation, Tenant's painting, carpeting, fixturing and cabling, and Landlord shall also reimburse Tenant for Tenant's reasonable relocation and moving expenses in so relocating cooperate – section 193B of Part VII Housing Act 1996 (as amended) • Applicants found to the Relocated Premises upon billing therefor from Tenant, which costs shall include, without limitation, the costs of relocating furniture, files and equipment, telephone installation, computer wiring and cabling, and reasonable costs of new stationery and business cards. Tenant shall not be required in priority need – section 184 of Part VII Housing Act 1996 (as amended) • Referral to vacate another local authority which is not a partner local authority under section 198 or section 213 of Part VII Housing Act 1996 (as amended) • Applicants who voluntarily ceases to occupy as their only principal home the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items provided that that Relocated Premises are sufficiently complete such that Tenant may reasonably conduct its business therein without interruption. Upon any such relocation, Tenant shall enter into an amendment to this Lease confirming such relocation, but Xxxxxx's failure to enter into such amendment shall not affect accommodation made available for their occupation – section 193C(5)(d) or section 193(6)(d) of Part VII Housing Act 1996 (as amended) • 56 days have expired since awarding prevention or relief duty as described in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises. Provided that if the relocation space is smaller than the Original Premises, the Rent shall be proportionately adjusted but no rent adjustment shall be made if the relocation space is larger than the original Premises.Band Two