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lease for residents
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is made on [Date]
BETWEEN:
(1) The Lewes Commons (Registered Charity Number: [insert number]), of [insert address] ("the Landlord");
AND
(2) [Leaseholder Name], of [insert address] ("the Leaseholder").
1. Definitions
2. Grant of Lease
2.1 The Landlord lets the Premises to the Leaseholder for a term of 100 years commencing on [Start Date] and expiring on [End Date].
2.2 The Lease Term shall always remain at 100 years from the date of each new lease grant and shall not reduce by effluxion of time or be extended.
2.3 The Leaseholder shall have no right to acquire the freehold of the Premises, nor to convert this lease into a freehold interest.
3. Membership and Community Participation
3.1 The Leaseholder shall, for the duration of this lease, be and remain a member of People In Commons CIC.
3.2 The Leaseholder agrees to work collaboratively with all other members to ensure effective management and care of the site, and to act in furtherance of the charitable objectives of The Lewes Commons.
3.3 The Leaseholder shall participate in the development and maintenance of regenerative systems, including but not limited to shared models and buyers’ networks for vehicles, food, energy, and utilities, and shall actively seek to reduce the focus on individualism and individual ownership.
4. Affordability and Value
4.1 The Leaseholder acknowledges and agrees that the primary purpose of this lease is to further the affordability of living in [Town Name], not to increase the capital wealth of the Leaseholder.
4.2 The value of the lease and any permitted assignment thereof shall be determined by reference to affordability criteria set by People In Commons CIC and The Lewes Commons, and not by reference to open market value.
4.3 Any assignment or transfer of this lease must be approved by The Lewes Commons and People In Commons CIC and must comply with the affordability criteria then in force.
5. Use and Occupation
5.1 The Leaseholder shall use the Premises as a private residence only.
5.2 The Leaseholder shall not assign, sublet, or part with possession of the Premises except as provided in Clause 4.3.
5.3 The Leaseholder shall ensure that the Premises are maintained in good repair and condition and shall participate in communal site management as required by People In Commons CIC.
6. Shared Resources and Regenerative Systems
6.1 The Leaseholder agrees to work with other members to share resources wherever possible, including but not limited to vehicles, food, energy, and utilities.
6.2 The Leaseholder shall actively participate in the development and implementation of regenerative systems and community initiatives as agreed by People In Commons CIC.
7. Compliance with Charitable Objectives
7.1 The Leaseholder shall ensure that all actions taken in relation to the Premises are consistent with the charitable objectives of The Lewes Commons.
8. Miscellaneous
8.1 Any notice required under this lease shall be in writing and sent to the addresses above.
8.2 This lease is governed by the laws of England and Wales.
8.3 If any provision of this lease is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. Succession of Lease
9.1 Nomination of Successor:
The Leaseholder may, at any time during the term of this lease, nominate in writing a named individual (“the Successor”) to whom the lease shall pass upon the Leaseholder’s death, subject to the approval of The Lewes Commons (the Landlord) and People In Commons CIC. Such nomination must be notified in writing to the Landlord and People In Commons CIC and may be amended or revoked by the Leaseholder at any time by written notice.
9.2 Membership Requirement:
Upon the death of the Leaseholder, the nominated Successor must become and remain a member of People In Commons CIC and agree in writing to abide by all terms of this lease, including the obligations of community participation, affordability, and resource sharing.
9.3 Assignment and Approval:
The assignment of the lease to the Successor shall take effect upon the Leaseholder’s death, provided that:
9.4 No Freehold Acquisition:
The Successor shall have no right to acquire the freehold of the Premises and shall hold the lease subject to all conditions herein, including the affordability and anti-speculation provisions.
9.5 No Nomination:
If no valid nomination has been made, or if the nominated Successor does not meet the requirements of this clause, the lease shall vest in the Leaseholder’s personal representatives, who may assign the lease to an eligible person subject to the approval and requirements above, or otherwise as directed by The Lewes Commons and People In Commons CIC.
Note:
This clause is intended to provide a clear process for succession while ensuring the new leaseholder aligns with the community’s objectives and legal requirements. It is essential to have this reviewed by a solicitor to ensure enforceability and compliance with all relevant laws.
SIGNED by the Parties:
For and on behalf of The Lewes Commons (Landlord)
Date: ___________________
[Leaseholder Name] (Leaseholder)
Date: ___________________
Important Notes:
If you need more detailed clauses (e.g., on repairs, insurance, dispute resolution, or specific affordability mechanisms), let me know!
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