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THE ARCH COMPANY • CUSTOMER HANDBOOK
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
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