Members of this network have been asked to review constructively the proposed Meanwhile Lease as drawn up by Denton Wilde Sapte, the lawyers commissioned by CLG. Please make comments on this discussion forum. It has been requested by CLG that all comments are collated and fed back in order to inform any changes and make it as user friendly as possible. Download the lease below, please try to make comments by August 21st.
Hi - a couple of initial comments.
1. The landlord's insurance will often cover buildings only and if this is the case it might help to make clear in the lease that the tenant is advised to take out his own contents cover.
2. I imagine many landlords and their agents will want easy access for viewings with prospective long-term tenants and wonder if it might be useful to extend clause 8.6 to specifically allow for this.
3. Is it planned to include the Notice to Tenant/Form of Declaration by the Tenant with the lease? This might be useful if saving landlords/agents from having to source this elsewhere.
I look forward to reading others' comments!
Rosie Cann, Popupspace
Lorraine, thank you v much for your comments, wholeheartedly agree.
One key issue is:
3.8.3 [Not to use the Property for commercial gain and/or to operate a profit making business on or from the Property [provided that the Tenant is permitted to sell items specific or ancillary to the Permitted Use].]
As you commented: "This is mad some of the meanwhile uses will be wanting to operate to make a profit to apply it to social purpose if necessary specify the need to seek approval from the landlord in advance of start of the lease and attach as a schedule?"
We need a discussion on here and some clear guidance about 'commercial gain'. It came up in Hastings on Friday at a session with lots of groups who want to meanwhile in a v prominent town centre building - there is a lack of clarity in what constitutes commercial and its impact on rates. Would you be willing to kick something off as a blog?
Thanks also to Susan and to Popupspace for very useful and detailed points which we will certainly feed back to CLG.
To others who might be potential end-users of the lease as landlords occupiers, or intermediaries, please let us know what you think of the lease - even if it's just a few words about what you would expect from a meanwhile lease/agreement.
We've been in touch with Marcus from Renew Newcastle in Australia ( http://www.renewnewcastle.org/ ) where they have already got a lot of projects in shops up and running. They act as what we're calling the intermediary, signing a license agreement with the landlord and then a separate agreement with the projects (or participants) for a fee of $20 a week for the duration of the project.
They have kindly sent us their license and participation agreement to compare and contrast with our lease so am really keen to know people's thoughts - are there any additional points from the license that we should consider including in our lease? What aspects of this would make things easier? The participation letter seems a straightforward, user-friendly agreement with projects, but what are your thoughts and is there anything else we should incorporate?
Also, is there anyone who can tell us what would need to be changed/considered to make the participation letter applicable to UK law rather than Australian?