1.—(1) The parties to the tenancy, noting, where the landlord does not itself grant the tenancy, that the landlord is acting by the relevant local authority, including—
(a)the name and address of that local authority, and
(b)the fact that it is acting so as to bind the landlord rather than the authority under section 207(4) of the Act.
(2) The address, and where relevant unit number, of the premises, and a description of the premises.
(3) For the purposes of sub-paragraph (2), where the premises form part of a larger building, the premises—
(a)include—
(i)all plaster and other internal surfacing material and finishes on the structural walls, floors and ceilings of the premises and on the other structural parts of the building within or bounding the premises,
(ii)in the case of retail premises, the shop front, fascia and all doors, windows and door and window frames,
(iii)the plaster and other internal surfacing materials and finishes on any non-structural walls separating the premises from any common parts,
(iv)one half severed vertically of any non-structural walls separating the premises from any adjoining premises let or intended to be let for occupation,
(v)the entirety of any non-structural walls wholly within the premises,
(vi)all conducting media and landlord’s plant, equipment and fixtures within and exclusively serving the premises,
(vii)all tenant’s fixtures, and
(viii)any tenant’s works carried out to or at the premises, but
(b)exclude—
(i)all load bearing and exterior walls and the floors and ceilings of the premises, other than those referred to in paragraph (a);
(ii)all structural parts of the building;
(iii)all common parts;
(iv)in the case of office buildings, all external doors, windows and window frames;
(v)the entirety of any non-structural walls separating the premises from any common parts, other than those referred to in sub-paragraph (a)(iii).
(4) Where the premises form part of a larger building, a description of the building, with a plan of the building and approximately identifying the premises within the building.
(5) Where the premises do not form part of a larger building, a description of the building comprising the premises, and a plan identifying the building.
(6) The amount of the deposit payable, which must be the sum of £1,000 or a sum equivalent to three months’ rent, whichever is higher.
(7) The term of the tenancy, including the date on which the tenancy starts, and the date on which it ends.
(8) The yearly rent payable—
(a)a requirement for the first payment to be made on the rent commencement date, and to be a proportionate amount for the period from and including the rent commencement date to the last day of the month;
(b)the rent commencement date, which should be a date which is four weeks after the date of the tenancy.
(9) The permitted use of the premises.
2.—(1) Definitions of the terms used in the tenancy, including—
(a)subject to paragraph 3(b), a definition of “common parts”, as follows—
““common parts” means any amenities from time to time provided by the landlord for common use, any access routes, whether within or outside of the building but within the landlord’s ownership, any service roads and service areas and any fire escapes;”;
(b)a definition of “conduits”, as follows—
““conduits” means all pipes, wires, conducting media and their ancillary apparatus;”;
(c)a definition of “insured risk” which identifies all the risks the landlord is required to insure the premises against which may include any one or more of—
(i)fire;
(ii)explosion;
(iii)lightning;
(iv)earthquake;
(v)storm;
(vi)flood;
(vii)burst and overflowing pipes and tanks;
(viii)impact by aircraft and aerial devices and articles dropped from them;
(ix)impact by vehicles;
(x)subsidence;
(xi)ground slip;
(xii)heave;
(xiii)riot or civil commotion;
(xiv)malicious damage;
(xv)any other risk the local authority reasonably decides should be included as an insured risk.
(2) Where a party to the tenancy includes two or more people, the obligations undertaken by that party are undertaken by those people jointly and severally.
(3) A statement that—
(a)an obligation on the tenant’s part not to do something includes an obligation not to permit or suffer that thing to be done by another person;
(b)the consideration for any supply made by the landlord under the tenancy is exclusive of VAT;
(c)any reference to a working day means any day except Saturday, Sunday or a national public holiday in England and Wales.
3. Where the premises are a unit in a shopping centre, the definitions provided for in the tenancy must include—
(a)a definition of “the Centre”, as follows—
““the Centre” means those land and buildings known as [name of Centre] within title number [number of land registry title];”;
(b)a definition of “common parts”, to be used in place of the definition in paragraph 2(1)(a), as follows—
““common parts” means any amenities from time to time provided by the landlord for common use, any access routes, whether in the Centre, or outside the Centre but within the landlord’s ownership, any service roads and service areas and any fire escapes;”;
(c)a definition of “tenant’s plant” as follows—
““tenant’s plant” means air conditioning plant, wireless network equipment, television aerials and satellite dishes and other plant reasonably required by the tenant for the permitted use together with any conduits necessary to connect the tenant’s plant to the premises;”.
4. A statement that the landlord grants the tenant a tenancy of the premises, for the term provided for under paragraph 1(7) with the rights to be provided for under paragraph 5 except and reserving the rights provided for under paragraph 6.
5.—(1) Provision for the rights granted to the tenant, which appear to the local authority to be rights which—
(a)the landlord has the power to grant, and
(b)are necessary for the tenant’s use and enjoyment of the premises.
(2) The rights granted under sub-paragraph (1) may include any one or more of the following rights—
(a)the right to use the common parts, including any toilet facilities, for all proper purposes in connection with the permitted use of the premises including access to and egress from the premises;
(b)the right to use the conduits which are in other property belonging to the landlord and serve the premises in common with other property;
(c)the right to support and protection for the premises from the other parts of the building of which the premises form part;
(d)the right to park in any parking spaces within the car park available for the use of the premises, stating how many private cars belonging to the tenant or its employees may use that car park, and identifying the parking spaces available to the tenant on a plan;
(e)the right to deposit refuse in the refuse bins provided for the premises, in an area identified on a plan, or such other alternative area as may be designated by the landlord from time to time;
(f)the right to display the trading name and logo of the tenant on any sign or noticeboard provided by the landlord in the entrance hall to the building or in the common parts in each case in a form approved by the landlord;
(g)the right to enter the common parts so far as is reasonably necessary to carry out any works to the premises required or permitted by the tenancy;
(h)if the premises form part of a building and are in use as a restaurant, bar, public house, café or other establishment selling food or drink for immediate consumption, a right—
(i)to operate a fan and extraction unit, and
(ii)to connect into and use any common facilities provided for the purposes of fume extraction from the premises;
(i)where the premises consist of a unit in the Centre—
(i)the right to use service areas and roads within the Centre as are designated by the landlord from time to time for the purpose of deliveries and loading or unloading within defined service hours, or as otherwise agreed;
(ii)the right to install, retain, inspect and repair tenant’s plant on such areas in the Centre as are designated by the landlord from time to time.
6.—(1) Provision for the rights excepted and reserved by the landlord—
(a)the right to use, and connect to, the conduits forming part of the premises which serve, or are capable of serving, other property;
(b)the right, at reasonable times and on reasonable notice, but in case of emergency without notice, to enter the premises to—
(i)examine and record the condition of the premises,
(ii)inspect, repair, maintain or clean other property or conduits,
(iii)make good any default by the tenant,
(iv)exercise any rights under this tenancy,
(v)show prospective tenants and buyers around the premises, and
(vi)do any other reasonable thing in connection with the premises,
the landlord causing as little inconvenience as possible and making good without unreasonable delay any physical damage caused by the entry.
(2) The right to carry out works to other property, including erecting scaffolding attached to the premises but not, save in emergency, so as to prevent access to the premises.
(3) All light, support and any other rights enjoyed by any other property.
(4) The right to display a sale or letting board (within the last six months of the term of the tenancy) on the premises as long as it does not obstruct the tenant’s signage or window display.
(5) The right to—
(a)sell, as agent for the tenant, any belongings of the tenant left in the premises for more than five working days after the term of the tenancy ends, and
(b)keep the net sale proceeds, if the tenant does not claim them within six months after the term of the tenancy ending.
(6) Where the premises consist of a unit in the Centre, a right for the landlord from time to time to designate alternative areas over which the tenant’s rights, as provided for under paragraph 5(2)(a) and (i) may be exercised, to include service areas, common parts and tenant plant areas.