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Draft Heads of Terms for a Lease

Kiosk M on the North Embankment, Dartmouth.

1. Landlord

South Hams District Council,
Follaton House,
Plymouth Road,
Devon, TQ9 5NE.

2. Premises

The kiosk shown on the map below. A detailed plan of the site is available on request and will be attached to the final Heads of Terms

3. Term

The Lease shall be for a term expiring on 31 March 2026.

4. Security of Tenure

The Lease to be excluded from the Security of Tenure provisions of the Landlord & Tenant Act 1954.

5. Rent

The rent shall be £................... per annum.

6. Use

The premises shall be used as a booking and enquiry office for a marine related business only and for no other purpose whatsoever.

The Tenant shall not occupy or make use of the services of more than two persons at any one time in the Property and shall not obstruct nor permit to be obstructed the adjacent footpath / highway. 

The Tenant shall not solicit nor employ any person to solicit custom from the premises or The Embankment or River in any way.

No sale or auction shall be permitted.

7. Advertisements

The Tenant shall not obscure by way of advertisements any of the glass panels in the premises nor to use any part of the Property for advertising purposes other than specifically in connection with the Tenants business.

The Tenant shall not be permitted to display 'A' boards, or other advertising of any kind on either the Embankment or Public Highway.

8. Passengers

Not to embark or disembark passengers at the double steps on the North Embankment Dartmouth except on the northern side thereof.

9. Rates

The Tenant shall be responsible for payment of all rates, costs or demands arising from occupation of the premises.

10. Alterations

The Tenant shall not make any additions or alterations to the premises nor alter the architectural appearance or colouring of the kiosk without obtaining the prior written agreement of the Landlord.

11. Assignment

The Tenant shall not be permitted to assign, underlet nor part with possession of the premises or any part thereof.

12. Health & Safety

The Tenant shall comply with all Health & Safety and Fire Regulations.

13. Statutory Requirements

The Tenant shall be responsible for obtaining any necessary planning permission or other statutory consents and approvals and for complying with the requirements of any statute or regulations of any Government department or Local Authority relating to its use of the premises.

14. Indemnity / Insurance

The Tenant shall be responsible for and shall indemnify the Landlord against any accident or incident arising out of or in connection with the use of the premises including any third-party claims and shall be insured in this respect by a reputable company for at least £5 million cover in respect of any single claim. The licence shall supply evidence of cover prior to taking occupation.

15. Nuisance

The Tenant shall not cause or permit to be caused any nuisance, annoyance, disturbance to the Landlord, its Tenants or the owners/occupiers of adjacent or neighbouring premises.

No musical instrument / gramophone / wireless / radio or any other sound relay or amplifying equipment shall be installed in the premises.

16. Repairs

The Tenant shall be responsible for maintaining the interior of the premises in good repair and condition at all times.

17. Cleaning

The Tenant shall ensure that the premises are kept in a clean and tidy condition, free from debris, waste, litter and other materials.

18. Termination

The Landlord may determine the lease forthwith should the Tenant fail to comply with any of the terms or conditions of the agreement.

19. Costs

The Tenant shall be responsible for the Landlord's reasonable Surveyor's and Legal costs incurred in the matter in the sum of £250 each.

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