Orbis Public Law
NEW LETTING
Final Report on the terms, conditions and other matters following completion of negotiations by Instructing Department.
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Owning department and point of contact
Terrier Packet / Sheet
Cost code and GL Code
Deed packet number
Freehold and Leasehold title numbers
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Housing Acquisitions
N/A
HGW020.
N/A
N/A |
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Authority for transaction
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Temporary Accommodation delegated authority
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Who needs to be copied in on completion
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Emily Ashmore Andrew Witham Alan Davis |
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1 |
Property Address
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Bennett House, 7 North Street, Brighton
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2 |
Name and Address of Landlord/Licensor
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Brighton & Hove City Council
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3 |
Name and Address of Tenant/Licensee
Registered Office (if company)
Contact Details |
Brighton YMCA Mark Wainwright, Deputy CEO Steine House, 55 Old Steine, Brighton BN1 1NX Tel 01273 220900
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4 |
Tenant’s Solicitor Name
Ref
Address/ DX
Telephone number Email address
If the Tenant or Licensee is not represented please provide their email address |
Roger Yates DMH Stallard Gainsborough House, Pegler Way, Crawley, West Sussex, RH11 7FZ |
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5 |
Tenant’s Agent
Name
Ref
Telephone number
Email address |
PLEASE COMPLETE (if known)
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6 |
Guarantors details if applicable
If guarantor is separately represented then please supply their solicitor details as well
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n/a
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7 |
Not used |
Not Used |
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8 |
Property Description
(Please include where applicable area, number of floors, common parts, car parking etc)
If we hold a leasehold interest do we require our superior landlord’s consent to sublet? On what terms? |
Bennett House, 7 North Street, Brighton
As per head lease.
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9 |
Permitted use of Property
Does the intended tenant require planning consent for change of use?
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As per head lease
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10 |
Plans
If not already enclosed please confirm when they were requested. |
As per head lease |
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11 |
Commencement date (please specify any back-dated rent commencement date)
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1 January 2018 rent to commence 1st February 2018
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12 |
Term
What is the term of the lease?
Is the Tenant already occupying the Property? If so on what basis? (please see tenancy at will in section 23)
If Licence is on a rolling basis please specify |
5 years
No
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13 |
Fees
What is the contribution to our legal costs (please specify how much if unsure please contact Legal at the earliest opportunity)
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Each party covers their own fees
Landlord’s fees for the licence to underlet (estimated at £1,000 plus VAT or so) covered by BHCC
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14 |
Rent Provisions
a. Rent
b. Payment interval – annually, quarterly, monthly or weekly
c. In advance or arrears –
d. Is the rent/licence fee exclusive or inclusive of any other charges such as business rates, service charge, utilities (list which) (if so specify what payments and how much is included)
e. Is there rental/licence deposit and if so how much?
f. Rent free period:
g. Is a separate business rates assessment required?
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£ 89,401.52 per annum; £1,714.55 per week
Monthly
Arrears
Exclusive
No
6 weeks from completion of lease
No
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15 |
Rent Review Provisions
Rent review dates
Provide further details if not Open Market review |
No
Let for the provision of supported accommodation tendered by Adult Social Care. |
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16 |
Break Clause Provisions
Rolling or fixed dates?
Mutual or LL or T only break?
What conditions on use of the break clause?
Please specify the period of notice.
Please specify when the Council can immediately terminate the lease/licence
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Rolling
Mutual
Unconditional
6 months
If the funding changes adversely or decreases |
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17 |
Insurance
please note that it is the Landlord’s standard practice for Public Liability insurance to be £10m if you wish to deviate from this please speak to insurance team
Landlord or tenant to insure?
Tenant to reimburse premiums?
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LL to insure. Premiums will not be recharged to the council.
Council needs to take public indemnity policy (presumably £5m or £10m).
Tenant
No |
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18 |
Repairing obligations
Full repairing and decorating, internal only or other (give details)?
Is there a Schedule of Condition?
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Obligations as per headlease
No |
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19 |
Alterations
If permitted please specify structural or non structural.
Is lease conditional on works being carried out? If so supply details and timescale.
What signage (if any) is permitted?
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As per head-lease.
No
Only signage essential to the provision of the service.
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20 |
Alienation
Specify whether assignment or sub-letting/underletting of whole or part is permitted
When would landlord like to be able to withhold consent?
Is tenant charging of whole or part allowed ?(presumably not)
Is inter company sharing allowed? If so on what basis?
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No further assignment. Subletting to occupiers only
No
No |
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21 |
Service charge provisions
Provide details of any services provided to the property and what percentage of expenses the tenant will contribute
Will the service charge include a contribution to a sinking fund? |
As per current lease.
No |
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22 |
Security of Tenure
Is the lease to be excluded from sections 24 to 28 of the Landlord and Tenant Act 1954 i.e. the tenant has no right to renew the lease at expiry of the term? |
Excluded
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23
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Timing Intended completion date.
Is the letting conditional upon the tenant / landlord obtaining planning permission for works or change of use?
NB – if tenant already at property please immediately issue a Tenancy at Will.
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Once public consultation is complete
No
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24 |
Easements granted / reserved Any additional rights granted to the tenant in the lease (e.g. parking/ access)? Please list
What rights will be reserved to the landlord over the leased area (e.g. access)? Please list
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As per headlease
None |
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25 |
Any other special conditions, terms or information
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None |
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Date 21.11.2017
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Signed Andrew Witham |
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Reference
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For Admin Use Only:
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Client Code - BHCC |
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Client Code- ESCC |
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Client Code - SCC |
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Client Code -WSCC |
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Client Code - External |
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Case Type |
Choose a Case Type |
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Work Type |
Choose a Work Type |
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Lexcel Code |
Choose a Lexcel Code |
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Grade Complexity[1] |
Choose Complexity Level |
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FE Allocated to |
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Is income expected on this file? |
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If yes detail amount and date expected by |
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