Tenancy of Will

Whilst Peabody own the building, the centre’s facilities and booking process is managed by the Green Man Managment Group under a Tenacy at Will. This is a basic agreement between Peabody and the management group.

This TENANCY AGREEMENT is made on the xxx day of May 2009 between:

(1) The Governors of The Peabody Trust of 45 Westminster Bridge Road, London SE1 7JB (“the Landlord”)

(2) Xxx, Xxx and Xxx as members of The Green Man Management Group (“the Tenant”)

NOW IT IS AGREED as follows:

1) Definitions & Interpretation
1.1) “Community Development Officer”:

The person appointed by the Landlord the name of whom will be notified to the Tenant from time to time as appropriate

1.2) “Exterior”:

Means the structure of the Premises including the roof and foundations.

1.3) “Interior”:

Means the internal coverings of the walls of the Premises the floor and the ceiling finishes of the Premises and the doors, door frames, windows and window frames of the Premises.

1.4) “Peabody Residents”:

Means individuals who rent or own a property within the surrounding Peabody Trust estate known as Strawberry Vale.

1.5) “Permitted Use”:

Means use as a community centre for the benefit of local residents and to provide recreational and social facilities and associated car-parking.

1.6) “Premises”

Means The Green Man Community Centre at Strawberry Vale, London N2 9BA together with the enclosed garden to the rear of the property shown edged red on the attached plan.

1.7) “VAT”:

Means value added tax or any other tax of a similar nature.

1.8) Joint and several liability:

Where any party comprises more than one person the obligations and liabilities of that party under this tenancy are to be joint and several obligations and liabilities of those persons.

1.9) Obligation not to permit or suffer:

Any covenant by the Tenant not to do anything that includes an obligation not to permit or suffer that thing to be done by any other person.

2) Recitals

2.1) Constitution of the Tenant:

2.1.1) Any local community group or individual in promoting activities in the interests of the residents of the local area shall be eligible to apply for membership representation in the Tenant.

2.1.2) Any group of residents with a common interest to facilitate youth provision, recreational activities for older people, nursery groups, play groups and after school clubs, support groups for ethnic minority communities, single parents, people with disabilities and others shall be eligible to apply for membership representation in the Tenant with voting rights.

2.1.3) The majority of members of the Tenant must be Peabody Residents.

2.2) Rent:

Rent shall not be payable to by the Tenant to the Landlord.

3) Tenancy at will:

The Landlord let’s and the Tenant takes the Premises on a tenancy at will commencing on the date of this agreement in consideration for the Tenant complying with the covenants and obligations contained in this agreement.

4) Tenant’s obligations:

The Tenant agrees with the Landlord to observe and comply with the requirements of this clause 4.

4.1) Repair:

The Tenant shall work in co-ordination with the Landlord to keep the Interior of the Premises in good repair and decorative order to the reasonable satisfaction of the Landlord and in no worse condition than evidenced in the photographic schedule of condition contained in the Schedule.

4.2) Alterations:

The Tenant must not make any alterations to the Interior or Exterior of the Premises without the Landlord’s written consent, not to be unreasonably withheld or delayed.

4.3) Return of the Premises:

Upon termination of this tenancy agreement the Tenant must return the Premises in the same state of Interior repair and decoration as at the date of this agreement and clear away any rubbish and make good any damage to the Interior of the Premises to the Landlord’s reasonable satisfaction.

4.4) Use:

The Premises shall not be used for:

4.4.1) Any illegal or immoral purposes or any purpose of an objectionable nature or purpose likely to cause nuisance or annoyance to adjoining landowners or local residents.

4.4.2) Any purpose other than the Permitted Use.

4.4.3) The manufacture, storage, supply , distribution or sale of alcohol other than in accordance with any licence obtained for the consumption of alcohol on the Premises for the avoidance of doubt the Tenant must obtain the written consent of the Community Development Officer before applying for such a licence.

4.4.4) Any activity that the Landlord deems inappropriate or likely to cause offence to residents.

4.5) Tenant meetings:

The Tenant will ensure that the Community Development Officer, or other representative of the Landlord, is invited to attend all meetings of the Tenant.

4.6) Booking and Hiring

The Tenant shall be responsible for effecting and monitoring systems for bookings and hiring procedures determining the types of permissible activities within the Premises in accordance with clause 4.4. The Landlord will provide model documents for this purpose.

4.7) Hire Charges

4.7.1) The Tenant, shall determine charges for the use of the Premises by any local community group or any commercial users.

4.7.2) The Tenant must ensure that the revenue earned from the hire charges is used solely for the benefit of local community projects and/or the Premises.

4.8) Indemnity

The Tenant shall be responsible for ensuring that any local group using the Premises us held accountable for any damages to the Interior and fixtures and fittings and shall indemnify the Landlord against all loses, claims, or other liability. To this end the Tenant shall ensure that any local group using the Premises is responsible for the behaviour and acts of associated friends, relatives and family members.

4.9) Reporting requirements

The Tenant must meet with the Community Development Officer every three months in order to report on activities, finance, health & safety and maintenance.

4.10) Sound Amplification

The Tenant must ensure that music playing or sound amplification equipment operated with the Premises shall not exceed the maximum level of amplification determined by the local planning authority.

4.11) Health & Safety

4.11.1) The Tenant must comply with and assist the Landlord in implementing the Landlord’s health & safety policy procedures.

4.11.2) The Tenant must ensure that they comply with and satisfy their own responsibilities under health and safety legislation from time to time in force.

5) Landlord’s obligations and rights:

The Landlord shall retain responsibility for;

5.1) Repairs & Maintenance:

5.1.1) The Exterior of the Premises.

5.1.2) Keeping the car park, fences and area around the Premises (including the enclosed garden) in good repair.

5.2) Taxes, Outgoings:

5.2.1) The Landlord will pay all the rates, charges or taxes, including any VAT applicable to the Premises.

5.2.3) The Landlord will pay all electricity, water, refuse and other charges that may become payable including gas and insurance.

5.3) Management of the Premises:

The Community Development Officer shall on behalf of the Landlord, be responsible for the health & safety, maintenance and repair, security, compliance with provisions of the children’s Act 1993, as well as energy efficiency management of the Premises.

5.4) Training

The Landlord will offer training to the Tenants to endeavour to make them aware of their responsibilities with regard to health & safety.

5.5) Rights of access and re-entry

The Landlord shall retain the right of access onto any part of the Premises on reasonable notice, or without notice in the case of an emergency, to carry out repairs in accordance with 5.1 or to inspect the condition of the Premises or to deal with any adjoining premises or for any other purpose in connection with the Premises as determined by the Landlord.

6) Exclusion of warranty as to use

The Landlord doe not imply or warrant that the Premises may be used for the purpose authorised by the agreement or any other purpose.

7) Ending the agreement

This agreement is to be brought to an end immediately:

7.1) By any demand for possession of the Premises made by or on behalf of the Landlord, or

7.2) By the Tenant giving possession of the Premise back to the Landlord (for the avoidance of doubt the Tenants obligations contained in clause 4.3 apply).

Appendix:

Diagram showing location of centre and surrounding area.

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