The-Arch-Company-Customer-Handbook-2024 - Service Charge

THE ARCH COMPANY • CUSTOMER HANDBOOK

THE ARCH COMPANY

CUSTOMER HANDBOOK

THEARCHCO.COM

THE ARCH COMPANY • CUSTOMER HANDBOOK

WELCOME TO THE ARCH COMPANY

WE ARE DELIGHTED TO WELCOME YOU TO THE ARCH COMPANY AS OUR NEW CUSTOMER.

As the UK’s largest small business landlord, we manage more than 5,000 properties across England and Wales. We are proud to be the landlord to such a diverse and vibrant community of small and medium-sized businesses. We are committed to our customers, listening to your feedback and making our properties better places to work, build and run businesses. These commitments are the foundation of our Tenants’ Charter (which can be found on our website at www.thearchco.com/existing-customers ) which outlines the set of principles that we will adhere to in the long-term management of our properties. The Charter is underpinned by four principles:

BEING AN ACCESSIBLE & RESPONSIBLE LANDLORD

MAKING SPACES THAT HELP OUR CUSTOMERS' BUSINESSES THRIVE

WORKING IN PARTNERSHIP WITH YOU

CREATING A POSITIVE SOCIAL AND ECONOMIC IMPACT

These principles are the foundation of our promise to customers that act in good faith and in accordance with standard customer obligations. This Handbook sets out more detail about how we will work to meet our commitments to you and what we expect from you as our customer.

THE ARCH COMPANY • CUSTOMER HANDBOOK

THE HANDBOOK PROVIDES GENERAL GUIDANCE AND INFORMATION TO HELP YOU UNDERSTAND YOUR RESPONSIBILITIES AS OUR CUSTOMER. IT INCLUDES:

ABOUT THIS HANDBOOK

This Handbook is intended to help you better understand our services and your responsibilities as a customer. It in no way affects the terms of your Occupation Agreement or any of the obligations in it. It is primarily intended to support those occupying our arches but also covers other types of building or land that we have in our estate. For the precise terms of your Occupation Agreement, please refer to your agreement. If you have any queries we recommend you seek professional third-party advice. If there are any differences between this Handbook and the terms of your Occupation Agreement, the terms of your Occupation Agreement will take priority.

01 MOVING IN

02 BEING OUR CUSTOMER

03 MOVING OUT

04 HELPFUL INFORMATION

We know that our properties are not just buildings, but a vital part of the community, offering places for businesses that support local economies, provide local jobs and drive our country’s economic growth. We are here to help you and your business succeed and we look forward to working with you.

CONTENTS

OUR PROPERTIES

01 MOVING IN Page 4 02 BEING OUR CUSTOMER Page 10 03 MOVING OUT Page 28 04 HELPFUL INFORMATION Page 32

The Arch Company has been granted a long leasehold by Network Rail for a number of properties – predominantly railway arches but also other types of building and land. Our property estate is unique and has to be managed in line with a specific arrangement that is designed to ensure both the safety of the operational railway, which runs alongside or above our properties, and the needs of our customers. It is important that you fully understand the obligations in your Occupation Agreement and the restrictions on your use of your property, which flow from this.

THE ARCH COMPANY • CUSTOMER HANDBOOK

MOVING IN 01

RAILWAY ARCHES

The viaduct structure remains the responsibility of Network Rail.

Responsibility for anything within the arch including infill walls (which enclose either end of each arch), lining, toilets and any existing mezzanines is governed by your Occupation Agreement. Generally, you will be responsible for these items, but the specific details will be set out in your Occupation Agreement. Any queries can be answered by your Property Manager at your initial check in. It is likely that you will need our consent or permission from Network Rail (obtained through us) to make any alterations to your arch. There is guidance in the Helpful Information section explaining this.

01.01 • WHAT WE’LL DO YOUR PROPERTY MANAGER WILL MEET YOU AFTER YOU MOVE IN AND HELP YOU WITH THE FOLLOWING INFORMATION.

BUILDINGS

Responsibility for the structure of your building and anything within it is governed by your Occupation Agreement and will typically rest with you. The specific details will be set out in your Occupation Agreement and queries can be raised with your Property Manager at your initial check in, or any time during your occupation. As with arches, Network Rail owns the railway infrastructure and viaducts. It is responsible for the maintenance of these items as the national operator of the railway.

KNOWING YOUR PROPERTY

We’ll tour your property with you, making sure you’re clear which parts are yours to use (including shared areas), which parts you have the responsibility to maintain, which we will look after and which are Network Rail’s as the owner of the railway infrastructure and viaducts. The responsibility for maintenance and repair differs for each property, just as the tenancies that we agree with customers have different arrangements for repair and maintenance. If you have any questions about who is responsible for the repair and maintenance of your property, please speak to your Property Manager.

When you move in, your Property Manager will also give you a general introduction to the surrounding area.

CORRIDOR

MY ARCH

ARCH

PAVEMENT

ROAD

CAR PARKING

PERIMETER FENCE

THE ARCH COMPANY • CUSTOMER HANDBOOK

01.02 • WHAT YOU’LL NEED TO DO WHEN YOU MOVE INTO ONE OF OUR PROPERTIES, YOU’LL NEED TO MAKE ARRANGEMENTS TO DO THE FOLLOWING:

TRADING HOURS

We will help you understand any restrictions on your opening hours. Restrictions are specified in your Occupation Agreement or imposed as part of a licence or trading condition by the Local Authority. Please check with your local council if you wish to apply for or renew any trading licences.

FIRE RISK ASSESSMENT

You are required, by law, to complete a Fire Risk Assessment, and review it regularly. We ask that you complete an assessment within 28 days of moving into your property. This is to help you assess and control risks in your workplace and comply with health and safety law, ensuring you keep your staff and customers safe. Details of how to complete a Fire Risk Assessment can be found at www.gov.uk/workplace-fire-safety-your-responsibilities. Network Rail requires you to record the Fire Risk Assessment in writing, regardless of the size of your business. Please provide a copy of your Fire Risk Assessment to your Property Manager and always have it available for inspection.

SHARED AREAS

As well as your property there may also be some shared areas available to you for parking, access, toilets, loading and waste storage. If this is the case, your Property Manager will explain how you may use these areas. Please note that Network Rail and other customers are also likely to be allowed to use these areas and you should always use them considerately. It is possible that Network Rail, from time to time, will require a re-location or closure of shared areas if they are needed for Network Rail to serve the railway.

INSURANCE

Network Rail is responsible for the structure of the viaduct/arch. We hold insurance to cover certain parts of your property, typically including arch lining, floor and infills along with any of our fixtures and fittings already in your property. Please refer to your Occupation Agreement for details of your insurance obligations. If your Occupation Agreement requires you to have Public Liability Insurance, this cover must be for a minimum limit of £3m.

STATUTORY CERTIFICATES

There are some elements of maintaining your property that are statutory requirements mandated by law. These, described in more detail in the Helpful Information section, mean you will need to hold and maintain valid statutory certificates to show that maintenance and testing have been carried out. When you move in you will receive copies of all available statutory certificates relevant to your property. These typically cover electrical and gas services/equipment, asbestos surveys, energy performance and service records for roller shutters, and are valid for a certain period. You should make note of when these are due to expire so that you can renew them in accordance with the law.

CERTAIN OCCUPATION AGREEMENTS REQUIRE YOU TO MAINTAIN PUBLIC LIABILITY INSURANCE,

TYPICALLY FOR A MINIMUM LIMIT OF £3 MILLION

Please keep these documents safe. If you have not received these certificates, please contact your Property Manager.

THE ARCH COMPANY • CUSTOMER HANDBOOK

MOVING IN CHECKLIST

SECURITY

Where applicable, we will provide you with keys at the beginning of your tenure. If you need additional keys to be cut, or the locks to be changed, you may arrange this at any time at your own expense. However, if you change the locks then please let us know. You will need to provide your own padlocks on most arches for the roller shutter door. If you wish to install any additional security equipment (such as intruder alarm systems or security cameras) you will need to arrange and pay for these yourself. You may need permission from us for some types of work (see Alterations in Helpful Information section) so please check with your Property Manager before starting the work. You’ll need to provide us with your contact details (email and telephone number) and those of an additional contact so that we can always get in touch when we need to including to arrange access to your property as required.

Fire Risk Assessment completed/shared

Utilities and rates arrangements in place

Public Liability Insurance’ in place/shared with us

Keys and security sorted

Maintenance responsibilities understood

Statutory certificates received

NOTES

UTILITIES AND SERVICES

Most of our railway arches have utility services available. We will show you the points where these services enter your property, where the meters are and what the readings are when you move in. It is your responsibility to contact and register with suitable utility providers to set up your accounts and any new connections with them. This could include some or all of electricity, gas, water and telecommunications. If you need any additional services, or wish to relocate any of the existing services, please contact your Property Manager before speaking to a supplier. The installation of pay-as-you-go energy meters is discouraged and requires our permission. Should you arrange to have such a meter installed, you would be expected to have a standard credit meter (as provided at the point of letting) reinstated at the end of your Occupation Agreement. As well as utilities, you will also have to contact the relevant local authority for where your business presmises is located and register for busin e ss rates.

IT IS YOUR RESPONSIBILITY TO CONTACT AND

THE ARCH COMPANY • CUSTOMER HANDBOOK

BEING OUR CUSTOMER 02

Our Helpdesk will first try to address your concern or, if the issue is more complex/specific, will assign it to the relevant manager for resolution. Site Facilities Manager – Site maintenance Property Manager – Tenancy related issues and alterations Transaction Manager – Rent reviews or lease renewals Credit Control – Payment concerns

We will acknowledge receipt of all enquiries made to our Property Helpdesk within 24 hours and provide an initial response within two business days. All emergencies will be handled urgently.

02.01 • WE ARE LONG-TERM OWNERS OF THE ESTATE AND ARE COMMITTED TO MAKING SPACES FOR BUSINESSES TO THRIVE. WE ARE INTENT ON ENGAGING WITH ALL OF OUR CUSTOMERS AND COMMUNITIES IN A CLEAR AND STRAIGHTFORWARD WAY.

We will confirm when we have completed any maintenance works required to resolve an issue. We aim to close all regular requests within a 30-day period.

RESPOND TO CONCERNS

A key part of our commitment to you is to be a responsive and accessible landlord. If you have any issues while you’re with us, whether operational, financial or tenancy related, then please contact us. There are several ways for you to get in touch with us around the clock via our Property Helpdesk:

For more complex requests, where a 30-day deadline might not be possible, we will agree a clear timetable for closure with you.

Our 24/7 freephone number – 0800 830 840

Our dedicated email address – info@thearchco.com

The contact form on our website – www.thearchco.com/contact-us

A glossary detailing the different managers who look after your property and their responsibilities is provided in the Who’s Who section of this Handbook. Our aim is to resolve your concerns or questions via the routes outlined above. However, if we are unable to reach a satisfactory outcome, you can escalate your concerns via email to feedback@thearchco.com. Your issue will be assigned to a senior member of our Leadership Team to investigate, and agree what needs to be done to resolve it. In all cases we aim to address your concerns promptly.

THE ARCH COMPANY • CUSTOMER HANDBOOK

PROVIDING SPACES THAT HELP YOUR BUSINESS THRIVE

WORKING IN PARTNERSHIP WITH YOU

We want to provide spaces and a service that support your business, while also achieving market rents through a clear and transparent rent review and lease renewal process.

We are investing in our properties to create the right spaces to help your business thrive.

We will regularly inspect the parts of the estate that we are responsible for maintaining (mainly access roads, forecourts, fire escapes, shared lighting, drainage and vegetation, and vacant properties). We will carry out planned maintenance to ensure that our estate remains in good condition. This will typically include cleaning, security, inspections, repairs and waste collection. If you have use of shared accessways, utilities and other items we may relocate these services subject to providing you with a suitable alternative. Network Rail is responsible for maintaining the structure of the arch viaduct. If you notice that any part of the structure of the arch or viaduct needs repair, please contact our Property Helpdesk to let them know immediately and ensure that the right person addresses it. We will use high-quality and trustworthy contractors, who will agree to clear timescales for delivering works, while seeking to minimise disruption to your business.

Other than for emergency works, we will give you as much notice as possible, but a minimum of two weeks, for any works or inspections we carry out that may impact your business. We will always notify you in writing, by letter or email. Please agree your preferred contact option with your Property Manager.

HEALTH AND SAFETY INSPECTIONS

We will undertake at least one Safety Inspection of your property each year. You will be contacted a reasonable time in advance to arrange a mutually convenient date and time. The purpose of this inspection is to ensure that the property remains fit for purpose, and adequately maintained. We will also request confirmation that you are complying with the terms of your Occupation Agreement, especially around statutory requirements. The inspection will also consider your business activities, as part of a safety check to identify any potential risks to the operation of the railway. Please assist us by providing access to your property for these inspections.

THE ARCH COMPANY • CUSTOMER HANDBOOK

RENT REVIEWS

TENANCY RENEWAL

Your Transaction Manager will make contact six months before your rent review to arrange inspection and measurement (where required). We encourage you to meet them if they attend your property.

Your Transaction Manager will make contact six months before your Occupation Agreement expires to arrange inspection and measurement (where required) of your premises and seek confirmation that you wish to remain in occupation (in the case of Occupation Agreements that fall under the Landlord and Tenant Act 1954 (The Act), known as protected leases) or, for contracted-out agreements, whether we can agree a new Occupation Agreement.

6 MONTHS

Your Transaction Manager will carry out a valuation to establish market rent (described below) before serving formal notice.

We aim to serve formal notices at least three months before the rent review due date. Notice will be served by recorded delivery to your company’s registered address or your address if your tenancy is in your name. Your Transaction Manager will then contact you by email/telephone at least seven working days prior to any contractual due dates to start and progress negotiations.

We encourage you to meet your Transaction Manager if they attend your property.

BEFORE RENT REVIEW: INSPECTION APPOINTMENT TO BE BOOKED WITH YOU

BEFORE LEASE EXPIRES: YOUR ASSET MANAGER WILL ARRANGE FOR A PROPERTY INSPECTION

Your Transaction Manager will carry out a valuation to establish market rent (described below) and will then seek internal (The Arch Company) approval to serve any formal notices containing a summary of the proposed terms (known as ‘heads of terms’) for a renewal (in the case of a protected tenancy) or a new tenancy (in the case of a contracted- out agreement). From there, your Transaction Manager will issue these proposed heads of terms for a new tenancy by your preferred communication method with the defaults being:

In addition, there may also be fixed rent indexation events as outlined in your Tenancy.

3 MONTHS

• Notices relating to protected leases will be served by recorded delivery to your company’s registered address

• Correspondence relating to contracted out agreements is typically sent by email We will aim to begin formal negotiations with you at least three months before your renewal date. The timeline for protected lease renewals follows the process prescribed in the Act.

BEFORE RENT REVIEW: NEW RENT PROPOSAL SHARED

A VALUATION WILL BE CARRIED OUT TO ESTABLISH MARKET RENT

7 DAYS

3 MONTHS

BEFORE EXPIRY DATE: WE WILL AIM TO BEGIN FORMAL NEGOTIATIONS ON YOUR NEW LEASE

AT LEAST SEVEN WORKING DAYS: NOTICE GIVEN TO START

AND PROGRESS NEGOTIATIONS

THE ARCH COMPANY • CUSTOMER HANDBOOK

MARKET RENTS

We look at evidence from within our estate and similar properties owned by others (including non-arch type properties) in the same locality when considering market rental levels for either rent reviews or tenancy renewals. Alongside this evidence, our team review the specific terms of the Occupation Agreement, the use, size, location, configuration, and condition of the property in question in order to reach an assessment of market rent.

Please help us to help you by providing financial information (such as audited accounts) where possible to help us understand any affordability issues.

TENANCY TERMS

For all new or contracted out tenancies we typically agree Occupation Agreement of three years in duration and, in some cases, may be able to extend further. Longer term Occupation Agreements may contain landlord breaks and customer breaks. Lease renewals under the Landlord and Tenant 1954 Act will be treated in line with the Act.

SUPPORT AVAILABLE

We encourage you to engage with us once notices are served, or before. Your Transaction Manager will make themselves available either in person or over the phone. We actively encourage you to seek professional advice, such as lawyers or RICS Surveyors, and we will happily engage with your appointed representative directly should you wish.

AFFORDABILITY

There are also a number of independent customer and SME business groups available to advise customers including:

We know that some customers might have affordability issues. In these specific cases, we are committing to work with long-standing small businesses and not-for-profit organisations (businesses and organisations that have occupied our properties for 10 years or more) on an individual basis to agree suitable rent profiles.

The Federation of Small Businesses T: 0808 2020 888 www.fsb.org.uk British Chamber of Commerce T: 020 7654 5800 www.britishchambers.org.uk

We may, for example, look to introduce the following to assist you with affordability:

• Rent increases made in steps over an agreed period meaning that you’d have time to adapt to open market rents

• Relocation options suited to your business requirements where the rent level may be more affordable, for example smaller premises or alternative locations • In exceptional circumstances, we may look to determine your rent level as a function of your business turnover These options are specifically for customers who evidence affordability issues. If this applies to you, discuss it either with your Transaction Manager (during rent reviews or lease renewals) or your Property Manager (outside of these events).

You may wish to consider taking such advice around events such as rent reviews, lease renewals, applications for alterations, and the end of your tenancy.

THE ARCH COMPANY • CUSTOMER HANDBOOK

WHAT YOU’LL NEED TO DO

BILLING AND ARREARS PROCESS

02.02 • PAYING YOUR BILLS

The vast majority of our customers pay their rents in a timely fashion. Payments should be made by direct debit but in the event that any customers falls into arrears, we have a clear process for collecting rent and recovering arrears.

WHAT’S NEEDED

Please ensure that you pay your rent (including associated elements like service charges and insurance) in line with your Occupation Agreement.

ISSUE INVOICE At least 28 days in advance of the due date.

PAYMENT DUE Your Occupation Agreement covers the date by which payments should be received.

Your rent and other charges that are due should be paid in equal instalments (quarterly or monthly) as outlined in your Occupation Agreement. Payments of rent and any other charges in relation to your property require to be paid by direct debit at all times. These can be set up via https://pay.gocardless.com/AL000637GJHKDV . Interest may also be charged on overdue amounts in accordance with your Occupation Agreement, typically at 4% above base rate. You are also responsible for paying business rates and for services such as electricity and water direct to the utility provider. For more details, contact your Property Manager or our Credit Control Team.

CREDIT CONTROL CONTACT If payment has not been received, our Credit Control team will contact you by phone/post asking for an update on when funds will be received.

ARREARS REMINDER If payment remains outstanding following our

FINAL REMINDER Seven days later, a final

reminder letter will be sent allowing you a further 3 days to make payment.

SERVICE CHARGE KEY PRINCIPLES

attempt(s) to contact you, an arrears reminder will be issued.

Many Occupation Agreements will have service charges. We are committed to fairness and transparency in the management and administration of service charges, including the provision of estimated costs (a budget), and accounting for all costs properly incurred (a reconciliation). We will explain the services provided in your area and the associated costs, including the share that you will be expected to pay, during your property handover. This is also detailed in your Occupation Agreement.

Service charge amounts will be detailed on your rent bill on a monthly or quarterly basis and will need to be paid at the same time.

If you note that a service is not being provided, please contact your Property Manager to discuss your concerns.

ENFORCEMENT ACTION INSTRUCTED If you do not respond,

ENFORCEMENT VISIT You will have 7-10 days before the enforcement officer attends site – we can also charge interest on rent arrears.

REPOSESSION If arrears continue to increase or an enforcement officer has to regularly attend your property, we may decide to repossess your property and you would forfeit your Occupation Agreement.

enforcement officers may be instructed to recover unpaid arrears – from this point you will incur the costs of enforcement.

FEES

We reserve the right to charge you fees for some of our services as outlined in your Occupation Agreement, such as review/inspection of alterations or lease renewal activities. We will always inform you in writing in advance if such charges would apply and their amounts.

Note that this describes the approach for initial or infrequent cases of arrears. We reserve the right to miss out some of the earlier stages in cases of regular non or late payment.

THE ARCH COMPANY • CUSTOMER HANDBOOK

KEEPING WITHIN YOUR OCCUPATION AGREEMENT

LEAVING YOUR PROPERTY VACANT

Note that the prohibitions around uses such as waste transfer and car breaking may not apply where an Occupation Agreement is covered by the Landlord and Tenant Act 1954 and is merely being renewed with the same customer. We are sympathetic to enabling family succession of businesses. If this requires a new Occupation Agreement to be granted to a new person who is not the customer under the existing Occupation Agreement, then it may be subject to constraints under our headlease. We will evaluate individual circumstances on a case-by- case basis and consult Network Rail to seek to achieve appropriate positive outcomes.

Most of our Occupation Agreements require that you don’t leave your property vacant for more than a month. If you do not leave your property secure, we may have to take steps to secure it and potentially, charge the costs back to you.

AGREED USE

You must only use your property for the purposes agreed in your Occupation Agreement. This will be set out under the heading ‘use’ or similar in your Occupation Agreement. This is important to ensure that you and your business activities have been understood, are compatible with the unique nature of your property (in particular its close proximity to an operational railway), that our insurance cover is not prejudiced and that planning consents are not jeopardised.

CONTACT DETAILS

It is important that we have up to date, accurate contact details for you throughout your Occupation Agreement. If there are any changes to either your primary or secondary contact details, then please let us know via our Property Helpdesk. MAINTENANCE Your Occupation Agreement sets out what you are responsible for maintaining and this will have been detailed by your Property Manager when you moved in – a typical scope is described further in Helpful Information . It is important that the condition of your property does not adversely affect the safety or operation of the railway. If you do not keep your property in a suitable condition, we may have to enter and carry out works to address this (giving appropriate notice). In such a case we would charge you reasonable costs, in line with your Occupation Agreement.

EXPERIENCING DIFFICULTIES

If you are experiencing difficulties in paying your rent, please contact your Property Manager or your Credit Control Team as soon as possible so that we can provide support. We know that some customers may have affordability issues. In these specific cases we are committed to working with long- standing small businesses and not-for-profit organisations (businesses or organisations that have occupied our properties for 10 years or more) on an individual basis to agree suitable rent payment plans. MAINTAIN YOUR DEPOSIT We will typically have requested a rent deposit from you to be held as security.

REGULATIONS

TRANSFERS, SUB-LETTING AND ASSIGNMENT

Your Occupation Agreement includes regulations governing how you may operate within your property. Please ensure that you are familiar with these, as non-compliance may place your continued occupation at risk.

Generally, we are sympathetic to supporting customers in family businesses that wish to transfer their Occupation Agreement. However, the terms of our headlease from Network Rail place restrictions on our ability to grant family or business transfers, to permit certain uses or to allow subletting, as follows: • We are unable to offer new agreements which are protected under the Landlord and Tenant Act 1954 (note that we can renew protected leases granted before we purchased the property estate) • Prohibited uses include waste transfer, car breaking, residential uses (except for specific residential properties) or uses that may be considered dangerous, offensive, illegal or immoral. You cannot use your property for anything which may cause electromagnetic or other interference with the railway, nor can you do anything which could cause contamination at your property • We are unable to allow subletting and/or sharing of occupation unless your Occupation Agreement already permits this

PROPERTY ALTERATIONS

If you would like us to consider any proposed alterations to your property, please contact your Property Manager. When considering whether to approve your request, we are required to take into account Network Rail’s requirements in relation to the safety and operation of the railway. If you carry out any unauthorised works you will need to reinstate your property to its original state at your expense. In addition to any specific requirements that Network Rail may have in relation to the works, they will need to inspect the structure of the arch. This may require the removal of part of your fit out to examine the brickwork, so early engagement with us is advised. You will also need to keep copies of any additional consents you gain, such as planning permission and building control approval, for any alterations you have carried out on your property.

We will hold this for as long as your Occupation Agreement is in force.

We may use the deposit to settle any costs, claims and liabilities that arise if you fail to abide by your Occupation Agreement obligations. This may include failure to pay rent or maintain your property to the agreed standard. If we have to use the deposit before the end of your Occupation Agreement, we will advise you and you will need to make a payment to top it back up to its original value. When your Occupation Agreement comes to an end you cannot use the rent deposit as the final payment of your rent. We will return your deposit as described in the Moving Out section.

• While we are obliged to work within the constraints of the headlease, we are also

More guidance and further details can be provided on request.

committed to working with customers to ensure that together we minimise any adverse impact upon your business

THE ARCH COMPANY • CUSTOMER HANDBOOK

THE OPERATIONAL RAILWAY

If you do something which could create a risk to the operation of the railway, we and/or Network Rail may have to enter your property and take steps to mitigate these risks.

LEGAL REQUIREMENTS

FIRE SAFETY

Your property is in the close vicinity of an operational railway. The railway has many possible dangers that you may not have come across previously. It’s important that you are aware of the effect your activities might have on the operational railway property you use as well as on neighbouring premises. As with fire safety there are a few guidance notes described below.

You must maintain an up-to-date Fire Risk Assessment (as described in the Moving In section) and comply with it.

Outlined below is guidance on a number of important areas including where you can find more information to help you.

If in doubt at any point, talk to your Property Manager.

Typical good practice to consider includes:

There is further detail in the Helpful Information section.

YOU MUST... • Ensure that you have an emergency escape plan, including how you will raise the alarm in case of a fire • Keep all fire exits and exit routes clear and make sure they are clearly marked • Make sure you have good arrangements in place to manage waste and keep things tidy • Keep flammable liquids (where we have granted permission) to a minimum and store them in suitable containers and labelled appropriately • Use and store compressed gas cylinders (where we have granted permission) in line with the supplier’s recommendations • Have appropriate fire extinguishers and fire safety equipment on site and make sure that these are accessible and well maintained

YOU MUST... • Keep your property in good repair and maintain high standards of housekeeping • Prevent any activity that could affect the safety of the railway and the travelling public • Make sure that your equipment does not cross your boundary onto the railway, or get close to or touch the overhead electric power lines, which carry 25,000 volts – this applies particularly to ladders, cranes, forklifts, other jibbed machines, scaffolds, hoses, water jets and sprays

YOU MUST NOT... • Cut into or interfere with the arch structure or lining systems, or paint/clean or sand-blast any part of the viaduct structure or infill, without getting our written permission • Do any work that affects or restricts access to the structure of the viaduct • Create any glare or visibility issues for the railway or interfere with access to the railway • Increase the load on the viaduct or do anything to cause vibrations to the structure of your property • Stack materials in a manner or position where they could fall onto the railway line

HAZARDOUS SUBSTANCES

You will need our written permission to use hazardous substances on your property or in shared areas (at our absolute discretion). You will need to complete COSHH (Control of Substances Hazardous to Health) assessments to identify and control any associated risks. These should also be considered as part of your risk assessment and any significant risks must be notified to your Property Manager. You should also obtain the necessary licences from the appropriate authorities. You are required to keep a copy of these records on site for inspection.

• Control/remove vegetation so that it does not interfere with the railway

YOU MUST NOT...

• Erect or use scaffolding, banners or flags at your property

• Notify us if there is a risk of vegetation spreading to or undermining the railway

• Keep flammable liquids or compressed gas cylinders without our prior written permission

• Use machinery or other equipment which causes or may cause interference with railway traction or signalling equipment

• Use or store oxyacetylene equipment in our properties

• Vent gases (flammable or otherwise) on to the operational railway

• Light fires in or near your property

You can find more information on fire safety at www.gov.uk/workplace-fire-safety-your-responsibilities

THE ARCH COMPANY • CUSTOMER HANDBOOK

GOOD NEIGHBOURS You may be alongside a range of other customers also going about their business. You may be sharing areas with them such as access roads and car parking. It is important to show respect for your neighbours.

ACCIDENTS AND REPORTING

If there is an accident at your property that may affect the safe operation of the railway, such as a fire, gas or chemical leak, you must inform the emergency services (999) and our Property Helpdesk immediately. In the event of damage/collapse of the arch structure report the incident to your Property Manager as well as the Network Rail National Helpline on 03457 11 41 41. If you see anything unusual or unsafe in or around your property, whether it is an unsafe working practice, suspicious behaviour, trespass or a suspect package, do not hesitate to report it.

REPORTING INCIDENTS Emergencies

Always call the Emergency Services on 999 Call the Network Rail National Helpline on 03457 11 41 41 Call the anti-terrorist hotline 0800 789 321 Call the British Transport Police on 0800 40 50 40, text 61016 or go online to www.btp.police.uk

YOU MUST...

YOU MUST NOT... • Damage, obstruct, store or leave any goods or materials on any access ways, roads, gangways, walkways, fire or escape routes

Accident/collision with the viaduct or fire

• Keep shared areas clear of goods and materials at all times • Make sure that any external areas you are responsible for are suitably lit and signposted • Discuss and agree with your neighbours how you’ll carry out any parts of your business (such as large or regular deliveries and customer visits) that may impact them • Ensure that visitors and customers are aware of any relevant safety requirements related to your property and activities • Only store goods in a safe fashion and not higher than the height agreed with your Property Manager

Suspect some terrorist activity

Potential criminal activity

• Use shared areas as extensions of your property

Health and safety issue

Go to www.hse.gov.uk for advice

• Store redundant vehicles or those to be serviced or repaired

All other reporting

Contact our Property Helpdesk if a new issue or your Site Facilities Manager or Property Manager as appropriate if relating to an ongoing issue

• Allow waste to accumulate at or outside your property

• Allow or encourage vermin in your property (either intentionally or via poor housekeeping)

THE ARCH COMPANY • CUSTOMER HANDBOOK

BEING OUR CUSTOMER CHECKLIST

Use your property as agreed in your Occupation Agreement

Fire Risk Assessment maintained and good fire safety practice followed

Rent payments made on time via direct debit - contact us straight away if you are experiencing any difficulties making payments

Maintenance carried out as agreed/required including statutory certification

Operational railway impacts understood

Lease assignment/transfer or subletting – talk to us first

Insurances maintained and shared with us

Hazardous substances minimised and controlled in line with legislation and permission obtained from The Arch Company where necessary

Alterations only made after consulting with us/gaining permissions needed

Engage with rent and lease end reviews

NOTES

THE ARCH COMPANY • CUSTOMER HANDBOOK

MOVING OUT 03

PRE-HANDBACK SURVEY

This survey, carried out by our representative, will assess what condition your property is in, how this compares with the requirements of your Occupation Agreement and the matters you will need to address before you can hand your property back to us. Anything that we might need to repair or replace after you’ve gone is known as a dilapidation.

These will typically include items like:

• Fixtures and fittings that you have added that will need to be removed

03.01 • WHAT WE’LL DO WE WANT OUR CUSTOMERS TO REMAIN WITH US FOR THE LONG-TERM, BUT WE UNDERSTAND THAT THERE MAY BE CIRCUMSTANCES IN WHICH YOU CHOOSE TO MOVE ON FROM OUR PROPERTY. IN THESE CIRCUMSTANCES, WE WILL WORK WITH YOU TO MAKE THE HANDBACK OF YOUR PROPERTY AS EASY AS POSSIBLE.

• Goods and equipment needed for running your business that will need to be cleared

• Ensuring your maintenance and statutory certification is up to date and available

• Ensuring walls, floors and doors are clean and in working order

The standard dilapidations checklist is included in the Helpful Information section.

WHAT YOU HAVE TO DO

WHAT WE’LL DO

HANDBACK

The first step is to serve a break notice in accordance with your Occupation Agreement. The main thing for you to consider will be to make sure that on your handback date you return your property to us

in the condition required by your Occupation Agreement, with your fixtures and fittings, goods and equipment (unless otherwise agreed with your Property Manager during the lease end process) removed.

Once you have told us that you want to end your Occupation Agreement we will take you through a clear and structured process as outlined below.

On your agreed handback date (normally your lease end date) we will come and see you to close out your time with us. During this visit, we will:

• Re-visit the Pre-handback survey to see if any items remain outstanding

• Take final utilities meter readings

• Collect your keys and details of any alarm systems installed

TERMINATION REVIEW

The first step will be to contact you to understand your reasons for leaving and to explore with you any options for extending your time with us. This review will also agree the dates for:

DEPOSIT REFUND

If there are any dilapidations outstanding at handback we will apply the cost of putting them right to your account, along with any final rent arrears or any other outstanding charges (if there are any). These will then be deducted from the deposit we have been holding for you and the balance will be returned to you. We aim to complete this as soon as reasonably possible after your moving out date.

• Your pre-handback survey – within 2 weeks of receiving your notice

• The final handback of your property

THE ARCH COMPANY • CUSTOMER HANDBOOK

MOVING OUT CHECKLIST Let us know as early as practical that you want to leave and agree a handback date

Make sure that you return your property to the right condition when you move out

Return all your keys and details of any alarm systems to us

Arrange a pre-handback survey as early as possible

NOTES

THE ARCH COMPANY • CUSTOMER HANDBOOK

HELPFUL INFORMATION 04

• Not light any fires (including the use of braziers) inside or outside the property • Within 28 days of the Occupation Agreement start date (or sooner as required by legislation) and thereafter for the remainder of your Occupation Agreement carry out/renew/update

all appropriate risk assessments in relation to the property, including a Fire Risk Assessment, Water Risk Assessment, Health & Safety Risk Assessment and an emergency plan for the property. Where relevant, risk assessments must be attached in a prominent position at the property and visible to all employees and visitors

GASES

You must:

• Not use or keep acetylene, propane or any other flammable gas cylinders (whether containing gas or not) at or outside your property unless expressly approved by us • Ensure any work carried out on gas heating or related appliances is in accordance with the requirements of the Gas Safety (Installation and Use) Regulations 1998 as amended or replaced from time to time

04.01 • LEGAL REQUIREMENTS AND REGULATIONS. YOUR OCCUPATION AGREEMENT REQUIRES YOU TO COMPLY WITH A NUMBER OF REGULATIONS IN RELATION TO THE USE AND OCCUPATION OF YOUR PROPERTY. A GUIDE TO THE CURRENT REGULATIONS IS SET OUT BELOW. YOU MUST NOT AUTHORISE OR ALLOW ANYONE ELSE TO CONTRAVENE THEM. THIS INCLUDES ANY REQUIREMENTS MADE BY NETWORK RAIL AND NOTIFIED TO YOU.

TESTING AND STATUTORY REQUIREMENTS

Within one month of your Occupation Agreement start date and thereafter annually for the remainder of your Occupation Agreement you must carry out/renew: • Electrical test certificates (renewal date will be stipulated on the certificate – usually 5 years for commercial premises)

FIRE SAFETY

You must:

• Display appropriate “HazChem” warning signs (if required) on the outside of your property to inform fire authorities in the event of a fire • Keep fire extinguishers and other fire safety equipment in proper working order, with current and appropriate annual trade association certifications and ensure any requirements detailed by us or by our insurer for preventing any Insured Risk occurring are complied with • Ensure that all fire exits or means of escape at the property are well maintained, lit, properly signposted and kept clear and, in the case of fire doors, unlocked while the property is in use. This applies to fire exits or means of escape whether serving the property only or just adjoining property/land or both • Not keep tyres, timber, plastics or any other combustible materials (including for example pallets, baled clothing and/or baled cardboard) at the property in such numbers (or stored in such a manner) that does or may in the opinion of the Property Manager present a material fire risk

• Gas system test certificates

• Statutory portable appliance testing

Note that where this isn’t explicitly specified in your Occupation Agreement you should consider it as such an approach would keep you in line with legal requirements. All test certificates must be available for inspection on request. It is your responsibility to ensure that all gas and electrical appliances (including wiring) at the property are properly maintained, in good working order, are not overloaded and comply with all statutory requirements and maker’s recommendations. Any defects identified must be remedied and evidence that defects have been remedied must be available for inspection. The use of extension leads to provide electrical distribution, in place of additional professionally fitted electrical outlets, is not allowed for fire safety reasons.

THE ARCH COMPANY • CUSTOMER HANDBOOK

DANGEROUS/HAZARDOUS SUBSTANCES

ENVIRONMENTAL

You must, unless otherwise agreed in your Occupation Agreement:

No changes, alterations or additions may be made to the property that result in any reduced rating or render obsolete an existing environmental certificate (including any EPC or DEC). No material, substance or liquid of a combustible, offensive, explosive, noxious, dangerous, inflammable or injurious nature is to be discharged into any drain or sewer serving the property or any adjoining or neighbouring premises. Any drainage facility likely to discharge effluent which contains grease, oil or large quantities of suspended solids, must be fitted with an appropriate interceptor, trap or separator which must be emptied and cleaned regularly with all resultant sediments disposed of in a legal manner. Evidence of licensed disposal of sediments or effluent is to be supplied to your Property Manager if requested and retained at the property for inspection.

• Not introduce, store or process asbestos at your property

• Maintain any asbestos register provided for your property and make it available for inspection on request

• At lease end, if requested by your Property Manager, carry out an Asbestos Management Survey as required under Regulation 4 of the Control of Asbestos Regulations 2012 • Not place or keep at or outside your property anything which may be of an explosive, combustible or dangerous nature except where approved by your Property Manager and required in connection with the authorised use of your property

• Not store petrol, diesel or other fuel at or outside the property

• Only store hazardous materials at your property in a best-practice manner and in quantities first approved by your Property Manager – typically the minimum required amount

We are committed to a three-year ESG (Environmental, Social and Governance) Plan, which you can find on our website.

We are keen to work with you to identify and implement activities that will minimise our environmental footprint. Please support the initiatives we are putting in place by:

• Not store any hazardous materials outside your property

• Not carry out any paint spraying (other than water paint spraying) at your property without the necessary licence from the local or other appropriate authority and without construction of an approved spray booth (unless formally exempted by the relevant authority)

• Recycling using dedicated waste disposal points where available

• Using low energy appliances and lighting

• Ensure that while any such spray painting is being carried out:

– There is to be no welding and adequate ventilation is to be provided and maintained

– Signs displaying this restriction must be put in a prominent place in the workplace

• Not allow smoking within the proximity of any hazardous materials

STRUCTURES

• Please do not overload the flooring or structure of your property. The structural stability of any viaduct over or adjoining your property is not to be endangered as this would represent a direct risk to the safety of the operational railway.

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