Tenancy at Will for Charity to Use Office(s) within a Shared Building

When to use this Template 

This Tenancy at Will for Charity to Use Office(s) within a Shared Building should be used where a Landlord wishes to allow a Charity (Tenant) to use an office or a suite of offices in a multi-let building on a temporary basis. This might be because the parties are in the process of negotiating a formal lease or because the Landlord has other long-term plans for the premises and is happy for the Charity to occupy them in the short term.

Nature of the Arrangement

A Tenancy at Will does not have a fixed term. Instead, the arrangement continues until it is terminated by one of the parties. There is no notice period so termination happens with immediate effect. The Tenant has no security of tenure and can be required to leave the premises at any time. Because a Tenancy at Will is a very short-term arrangement the document is very light on detail. If the arrangement is to last more than a few months a lease should be used instead.

Template can be Proposed by either the Landlord or the (Charity) Tenant

A Landlord would usually expect to provide a draft tenancy at will agreement to the proposed Tenant (i.e. the charity) for comment or agreement, and this template is suitable for that purpose. However, if you are a charity, there is no reason why you cannot ask the Landlord to agree to enter into a tenancy at will agreement in the form of this template: since there is no commitment to any minimum period of time (i.e. either party can terminate the agreement without any advance notice), the Landlord may be amenable to you proposing the form of the agreement. If you do so, the Landlord might then request amendments to it. If you have any concern about any of those amendments, you should seek legal advice. If, on the contrary, the Landlord does not agree to your proposing the form of agreement, this template can then serve as a valuable checklist for you when you review the Landlord draft. If their draft either includes anything which is not in this template or it excludes anything which is in this template, that will alert you to potentially unreasonable or risky features of the owner’s draft, and you should seek legal advice where you have any doubts about the Landlord’s draft.

Charity Details

The details of the parties at the top of the first page contain alternatives so that you can include the appropriate wording to take account of the legal form of the charity. The signature clauses at the end of the template will need to be adapted to take account of the legal nature of the charity and the particular individuals authorised by the charity to sign on its behalf.

Clauses

Clause 1 contains the definitions. The definition of Premises makes optional reference to a plan. It is recommended that a plan is included, showing the Premises edged red, so that the extent of the Premises is clear.

A definition of “Permitted Hours” can be included. This will be relevant if the offices are within a building with particular opening hours.

The “Rent” should include a charge for any services provided by the Landlord. There is no separate service charge. Provision of services is covered in Clause 4.

Clause 2 is the grant of the Tenancy at Will.

Clause 3 contains the Tenant’s covenants. These cover payment of rent and other outgoings, use, alterations, alienation (no assignment is permitted) and the Landlord’s right of entry.

Clause 4 contains a covenant by the Landlord to allow the Tenant to access the Premises via the Landlord’s adjoining land (if necessary). There are also covenants regarding the provision of facilities and services. As there is no service charge, the Rent should include a charge for any services provided by the Landlord.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Tenancy at Will for Charity to Use Office(s) within a Shared Building is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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