Instructions to act for an Inland Waterway Client with regard to a proposed lease renewal of canalside boat sales and chandlery premises with extensive moorings to the Middlewich Branch of the Shropshire Union Canal.
Inspection and measurement of site, buildings, land and moorings. Perusal of existing lease to note current tenant covenants and British Waterways’ new lease proposals as contained within their Section 25 Notice served under the Landlord & Tenant Act 1954.
Upon further inspection of the site and moorings, concerns were raised as to the condition and integrity of the embankment moorings. Specialist structural and photographic reports were prepared regarding movement of the canal wall, nosing and slip circle mechanisms and calculations, which were submitted to British Waterways’ engineers and surveyors.
Discussions and advices to Client tenant as to preferred new lease terms, having regard to existing lease and licences. Submission of counter proposals to British Waterways . Further meetings and negotiations with Landlord’s surveyor, in particular regarding the British Waterways’ statutory obligations to repair, insure and reinstate in the event of a breach of the Canal.
Meetings with Client’s solicitor and British Waterways to agree appropriate drafting of the new lease and mooring licences to ensure the future integrity of the Canal, understand the parties’ repair, insurance and indemnity provisions and limit the tenant’s repairing obligations.
Agreement secured for a time extensions for Court Application under S29B Landlord & Tenant Act 1954 to protect the tenant’s statutory rights for a new lease.
Heads of Terms agreed for the new lease and licences submitted to Client’s solicitor to include lease term, agreed rents, rent reviews, tenant’s and landlord’s repairing obligations, insurance and indemnity clauses, tenant breaks, user and alienation.
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