THE ARCH COMPANY TENANT GUIDE

THE ARCH COMPANY

TENANT GUIDE

THEARCHCO.COM

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THE ARCH COMPANY A TENANT GUIDE

MY DOCUMENTSProperty address:........................................................................................................................................................................................................................................................

Please note that whilst this Guide is a supplement to your tenancy agreement (“Tenancy”), it in no way affects the terms of your Tenancy; nor does it alter any of the obligations in your Tenancy. The Guide is designed to supplement the tenancy of an ‘Arch’ whereas a number of the provisions noted below do not directly apply to ‘Buildings’ or ‘Land’. It is important that you fully understand the obligations in your Tenancy and the restrictions on your use of the property that have been imposed by Network Rail (as our landlord) in order to protect the operation of the railway. For the precise terms of your Tenancy, please refer to your Tenancy. If you have any queries we recommend you seek professional third-party advice.

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WELCOME TO THE ARCH COMPANYThis Tenant Guide has been prepared to provide general guidance and information to tenants taking a tenancy from The Arch Company Properties Limited (Arch Co.)

IF YOU NEED FURTHER ADVICE, PLEASE CONTACT YOUR PROPERTY MANAGER. IF YOUR PROPERTY MANAGER IS UNAVAILABLE, PLEASE CALL THE PROPERTY HELPLINE ON 0800 830 840.

PLEASE READ THIS TENANT GUIDE CAREFULLY AND KEEP IT TO HAND FOR QUICK REFERENCE.

01MOVING IN

03GENERAL GUIDANCE

02THE IMPORTANT STUFF (RENT, MAINTENANCE AND SAFETY)

04MOVING OUT

05REGULATIONS

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01.01 FIRST THINGS FIRST Your Property Manager will meet you when you move in and give you a tour of the property and a general introduction to the surrounding area.

On handover, you will be given copies of all testing certificates.

Where applicable, these include:

• Electrical Installation Condition Report

• Gas Safety Certificate• Asbestos Survey• Energy Performance

Certificate• Shutter Service Record

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

FIRE RISK ASSESSMENTYou are required, by law, to complete a Fire Risk Assessment within 28 days of taking occupation of your property.

This is to help businesses understand what needs to be done to assess and control risks in the workplace and comply with health and safety law.

Details of how to complete a Fire Risk Assessment can be found atwww.gov.uk/workplace-fire-safety-your-responsibilities

You should give a copy of your Fire Risk Assessment to your Property Manager and have it available for inspection at all times.

01.02 SECURITY AND PEACE OF MINDMAKING YOUR PROPERTY SAFE WITH LOCKS AND ALARMS AS REQUIREDYour Property Manager will have provided you with all keys to the property. Should you require additional keys to be cut, or the locks to be changed at any time, you will need to arrange it at your own expense.

Should you consider the need to install an intruder alarm system, please check with your Property Manager whether permission is required. If permitted, you will need to arrange and pay for an alarm system yourself.

Should you change the locks or install an intruder alarm, please inform your Property Manager.

01MOVING IN

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KEY HOLDERSAs the tenant, your contact details will be noted by Arch Co as the primary key holder. Should you wish to add additional key holders, you will need to provide their names and contact details to your Property Manager.

YOUR PROPERTY

The extent of your property is comprised of the airspace within the arch, the Arch Fit Out (which includes the arch lining, floor systems, non-structural walls and any existing mezzanine system) the floor of the arch and the frontage of the arch. If the property demised is not an arch, please refer to your Tenancy for further clarity. Network Rail own the railway infrastructure and viaducts and Network Rail is responsible for the maintenance of these items as the national operator of the railway.

INSURANCE ARCH CO INSURANCE

Arch Co will insure certain parts of the property, to comply with its head lease obligations which, in the case of an arch, will typically consist of the following:

• The Arch lining (which is the membrane installed within an arch)

• The floor of the property (except for demountable Floor systems)

• Fixtures and fittings owned by Arch Co

• The arch infills

Reference should be made to your specific Tenancy for details of the exact insurance obligations, cover etc. (as an example, in relation to non-arch buildings).

TENANT INSURANCE

You should insure to meet your needs, comply with relevant laws and Tenancy requirements, for example your:

• Fit-out (e.g. property fit out, fixtures, fittings and other contents)

• Business interruption• Employers liability• Public/products liability

An insurance company or broker will be able to advise you in relation to your insurance.

You must maintain public liability insurance, to include Arch Co as a joint named insured, for a minimum limit of £2 million.

INSURANCE OBLIGATIONS

In order to comply with the duty of fair presentation under the Insurance Act 2015 and other obligations relating to disclosure, notification should be provided of material information as the insurance cover may otherwise be prejudiced (for example, change in occupancy type/status, construction works at the property, impairment of fire/intruder protection systems).

In the event of a matter which may give rise to a claim, please provide IMMEDIATE notification to your usual property contact, as any delay may prejudice the insurance cover (criminal acts, such as theft and criminal damage, must be reported to the Police).

EVIDENCE OF INSURANCE

Where you are to insure a property, or required to maintain other insurance, under the terms of a tenancy, evidence of such insurance will be required by Arch Co.

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01.03 READY TO GOTRADING HOURSOperating hours for your property are unrestricted unless otherwise detailed in your Tenancy or imposed as part of a licence or trading condition by the Local Authority. You should check with your Local Council concerning applying for or renewing any trading licences.

SHARED AREASYour property may have shared areas for parking, access, loading and waste storage. If this is the case, your Property Manager will explain to you how you are permitted to use those areas. It is likely that Network Rail and other tenants are also permitted to use these areas and you will need to be considerate of their requirements.

To avoid any potential disagreements with neighbouring businesses, please follow the agreed procedures in terms of your use of the shared space. If you have any particular requirements which may affect the usual arrangements, such as a large delivery, please discuss and agree with neighbouring businesses giving plenty of notice.

It is possible that Network Rail, from time to time, will require a re-location or closure of shared areas if they are required to serve the railway.

01.04 SERVICESINCOMING SERVICES AND ALARMS AS REQUIRED

Most of the railway arches have utility services available at the property. On handover, the points where these services enter the property will have been shown to you. Meter readings of existing metered utilities of electricity, gas and water will have been taken before you arrived. It is your responsibility to contact and register with the utility provider (details below) to arrange for a new account to be opened.

• Electricity Supply - A metered electrical supply is provided to the property and the location of the electricity meter will have been identified during the handover process.

• Gas Supply – Not all properties have a gas supply. Where a gas supply is available, the location of the gas meter will have been identified during the handover.

• Water Supply – Not all properties have a water supply. Where a mains cold water supply is provided to the property the location of the water meter will have been identified during the handover.

• Telecoms – It is likely that there will be a telecom point within the property.

If you have a requirement for additional services, or to relocate any of existing services, please first contact Arch Co before engaging with a supplier. Any works are subject to licence via Arch Co and this must be agreed before any works can commence.

You must not grant any rights to utilities providers without our consent.

UTILITIES – HELPFUL LINKS

This is a quick guide to utility providers, including contacts to the industry regulators for energy (Ofgem), water (Ofwat) and telecoms (Ofcom) who encourage competitive pricing and offer information and advice for customers.

Please note that pay-as-you-go energy tariffs for electricity or gas are not permitted at Arch Co properties.

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ORGANISATION WEBSITE CONTACT INFORMATION

ELECTRICITY & GASOfgem www.ofgem.gov.uk

Electricity new connections from UK Power Networks

www.ukpowernetworks.co.uk 24 Hours helpline: 0800 31 63 105

Gas new connections Please contact your Property Manager

British Gas www.britishgas.co.uk/business Telephone: 0330 0291391 Monday to Friday 9am to 6pm

EDF Energy www.mybusiness.edfenergy.com/smequote/gas-electrici-tyquote

Sales Team: 0800 051 1644 Monday to Friday 9am to 6 pm

npower www.npower.com/business Telephone: 0800 980 7107

e.on www.eonenergy.com/for-your-business

Telephone: 03333 202 4586 Monday to Friday 8am to 6pm

Scottish Power www.scottishpower.com/small-business/

Telephone: 0800 22 4400 Monday to Friday 9am to 6pmSaturday 9am to 1pm

SSE www.sse.com/contactus

WATEROfwat www.ofwat.gov.uk

Water suppliers www.water.org.uk/find-your-sup-plier

TELECOMSOfcom www.ofcom.org.uk

BT www.business.bt.com/products/packages

TalkTalk www.talktalkbusiness.co.uk Telephone: Business broadband 0800458 4581

All other solutions: 0800 231 5951

Sky www.business.sky.com Telephone: 08444 880 543

Virgin Media www.virginmediabusiness.co.uk Telephone: 0800 052 0800 Monday to Friday 8am to 6pm

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02.01RENT, MAINTENANCE AND SAFETYPAYING YOUR RENT

You must pay your rent in line with your Tenancy. Your rent does not include any service charges, insurance or other costs which you may have to pay under the conditions of your Tenancy. You are responsible for paying business rates and for services such as electricity and water direct to the utility provider.

HOW TO PAYYour rent and other charges that are due are to be paid in equal instalments (quarterly or monthly) as outlined in your Tenancy. A direct debit should be set up to ensure these payments are not missed.

For more details, contact your Property Manager or Credit Control Team.

If you are experiencing difficulties in paying your rent, you should contact us straight away. Please contact your Property Manager or Credit Control Team who will provide support wherever possible.If you do not pay your rent on time we may take steps to recover it from you.

This could include instructing a bailiff to visit your property and recover the debt.

Any costs we incur whilst recover your debt will be added to your account. We also have the legal right to charge interest on rent arrears. Ultimately, we can repossess your property if you do not settle the bill with the bailiffs.

We do not have to send a reminder and we can send bailiffs to act immediately if your rent is overdue.

If you do not pay monies that you owe we may take steps to end your tenancy.

DEPOSITWe may request a rent deposit from you to be held as security to ensure you meet the responsibilities set out in your Tenancy. This will be held as long as your Tenancy is in force. The deposit will be for an amount to be agreed plus notional VAT.

We may use the deposit to settle any costs, claims and liabilities that arise if you break any of your Tenancy obligations. This may include failure to pay rent or maintain the property to the agreed standard.

If we have to use the deposit before the end of your Tenancy, you will need to make a payment to top up the rent deposit to its original value.

When your Tenancy comes to an end you cannot use the rent deposit as the final payment of your rent. We will return your deposit when you leave the property and hand it back to Arch Co in a satisfactory condition.

SERVICE CHARGES

The services provided to the estate and the associated cost and apportionment (your share) will have been explained to you at handover and are detailed in your Tenancy.

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

02THE IMPORTANT STUFF

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

PERMITTED USESYou must not use the property for anything other than the agreed use, as defined in your Tenancy.

The property should not be used for residential use, as a waste site or any other uses that are considered dangerous, offensive, illegal or immoral. You cannot use the property for anything which may cause electromagnetic or other interference with the railway, nor can you do anything which could cause contamination at the property.

You must not breach any laws when using the property (including any relevant planning and environmental laws and health and safety regulations).

TRANSFERRING OR UNDERLETTING

You are not permitted to transfer the tenancy to a third party, underlet the whole or any part of the Property or share or part with possession of the property.

ALTERATIONS

You must not undertake any alterations to the property.

All external signage is subject to Arch Co’s consent. No signage is to be attached to the viaduct.

If you would like Arch Co to consider any proposed alterations, please contact your Property Manager.

If you carry out any unauthorised works you will be required to reinstate at your expense. In considering whether to approve any proposed alterations we are required to take into account Network Rail’s requirements in relation to the safety and operation of the railway.

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 your fit out to explore the brickwork, so early engagement with Arch Co is advised.

We will require you to remove, at your own cost, any alterations that you carry out without our prior consent.

LEAVING YOUR PROPERTY VACANT You must inform us in writing if you leave your property vacant for more than 30 days. If you do not leave your property secure we may take steps to do so and charge you.

ENDING YOUR TENANCYYou will need to provide written notice as described in your Tenancy. Please refer to your Tenancy for the required notice period and refer to the Moving Out section below.

DISPUTESIf you have a dispute relating to your Property, please contact your Property Manager.

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MAINTENANCEYour Tenancy sets out your maintenance obligations (which must be adhered to). If you need more details, please contact your Property Manager.

Typically, you, as the tenant, are responsible for maintaining:

• The property, including: » arch lining and your fit out » shutters, doors and floors » rainwater drainage » foul drainage (mains or

cesspits) » decoration inside and out

• Fixtures and fittings, for example, lean-to and signage

• Lighting• Sanitary ware• All services - gas, water and

Electricity• Servicing alarms, heating

systems, air conditioning etc.• Land that is part of your

property, including: » surfacing » fencing » access gates » clearing vegetation and

waste

• It is important that the condition of the property does not adversely affect the safety or operation of the railway. If you do not keep the property in a suitable condition, we may enter and carry out works at your cost.

The Arch Company is responsible for maintaining: Shared access roads, forecourts and shared areas, for example fire escapes and shared lighting, drainage and vegetation.

» If you have access to shared accessways, utilities and other items we may re-locate 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 you must notify us immediately.

HAZARDOUS SUBSTANCES

You will need our written permission to use hazardous substances from the property (at Arch Co’s 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. Please refer to the Regulations for more details.

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THEOPERATIONAL RAILWAYYour 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 have on the property you use as well as on neighbouring premises.

To reduce the risk of possible dangers, please follow these general rules:

• Only use the property for the purpose set out in your Tenancy.

• Keep the property in good repair and maintain high standards of housekeeping.

• You may not cut into or interfere with the arch structure, lining systems or paint/clean or sand-blast any part of the viaduct structure or infill, without getting our written permission.

• If you rent land or property near to the railway line, you must prevent any activity that could affect the safety of the railway and the travelling public.

• You must not do any work that affects the viaduct.

• You must not create any glare or visibility issues for the railway or interfere with access to the railway.

• You must not increase the load on the viaduct or do anything to cause vibrations to the structure of the property.

• 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.

• Do not stack materials in a manner or position where they could fall onto the railway line.

• You are not permitted to store or use oxyacetylene gas on your property.

• You may not erect or use scaffolding, banners or flags at the property.

• Arch Co and Network Rail may enter the property and take steps to mitigate any activities which could create a risk to the operational of the railway.

DELIVERIES AND VISITORSThe safety of visitors to your property is your responsibility, and you should make sure that they are aware of any necessary safety issues whilst there.

ACCIDENTSIf 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) 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 .

FIRE SAFETY AND EVACUATIONPlease remember the following:

• You cannot use or store oxyacetylene equipment in our properties.

• 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 (only with our prior written permission) to a minimum and store them in suitable containers.

• Use and store compressed gas cylinders (only without prior written permission) in line with the supplier’s recommendations.

Make sure you have appropriate fire extinguishers and fire safety equipment on site and that they are accessible and well maintained.

You will also need to ensure that you have an emergency escape plan, including how you will raise the alarm in case of a fire.

Please refer to the Property Regulations for more details.Do not light fires in or near your property unit.

Do not light fires in or near your property unit. You can find more information on fire safety at www.gov.uk/workplace-fire-safety-your-responsibilities

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03.01 GENERAL GUIDANCEPROPERTY REGULATIONS

You must comply with the regulations in relation to the use and occupation of your property. The current regulations are set out under section 5 - Regulations. We may update these regulations from time to time.

INSPECTIONSWe (or our contractors) will undertake at least one property inspection a year and you will be contacted in advance to arrange a suitable date and time. The purpose of this inspection is to ensure that all terms of your Tenancy are being met.

The inspection will also review your business activities, noting whether they pose a risk to the operation of the railway. You are required to provide access to your property for these inspections.

REPORTINGNetwork Rail’s primary objective is to keep the rail network safe for its passengers and staff.

If you see anything unusual or unsafe, whether it be an unsafe working practice, suspicious behaviour or a suspect package, do not hesitate to report it.

• If it’s an emergency, always call the Emergency Services on 999

• If there has been an accident/collision with the viaduct, call the Network Rail National Helpline on 03457 11 41 41

• If you suspect some terrorist activity, call the anti-terrorist hotline 0800 789 321

• It you think it’s a criminal matter, call the British Transport Police on 0800 40 50 40, text 61016 or go online to www.btp.police.uk

• If it’s a health and safety issue, go to www.hse.gov.uk for advice

• For all other reporting, please contact your Property Manager

FREEDOM OF INFORMATION

Network Rail, as owner of the freehold of the Property, may require us to produce information relating to your tenancy to enable them to comply with their statutory duties under the Freedom of Information Act 2000.

We will make representations to Network Rail where we believe any information requested falls within an exemption under FOIA but it is Network Rail’s sole decision about what data is disclosed.

Please refer to Arch Co website for further information. www.thearchco.com

03GENERAL GUIDANCE

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NETWORK RAIL INSPECTIONS AND WORKS Network Rail, as our landlord, have the right to enter the property and shared areas to inspect the structural integrity of the property and to carry out works to ensure the safe operation of the railway. You must allow them to exercise those rights and not do anything to hinder them.

Typically, Network Rail carry out a 12 yearly inspection cycle. We will endeavour to reduce the impact of inspections on tenants as much as possible by scheduling them out during periods when the property is vacant.

However, should Network Rail need to conduct an inspection whilst you are in occupation, we will endeavour to give you as much notice as practicable, except in cases of emergency when Network Rail are not required to provide any notice.Network Rail may require you to remove your fit out to enable the structure of the property to be inspected or for works to be carried out.

In most circumstances Network Rail will pay for the removal and the reinstatement of standard arch linings (this does not apply to arch linings of a non-standard specification). Network Rail will carry out the works considerately and only when necessary for the safety and operation of the railway.

In exceptional circumstances Network Rail may require the property to be returned to it, in which case we will need to bring your Tenancy to an end. If we require you to vacate the property in these circumstances you must return the property to us in the condition required by your Tenancy, with your fixtures and fittings, goods and equipment removed.

We may also be required to give Network Rail additional rights over your property in connection with the operation of the railway.

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04MOVING OUT

04.01 MOVING OUTTERMINATION AND HAND BACK

At the end of your Tenancy, you are required to return the property to us in the condition required by your Tenancy, with your fixtures and fittings, goods and equipment removed (unless otherwise agreed).

Once your termination date has been agreed, your Property Manager will contact you to arrange a hand back where we will review and record the condition the property is returned in.

In preparation for your hand back, please ensure that you have completed or are able to provide the following:

1. A current satisfactory Electrical Installation Certificate (NICEIC, ECS, NAPIT)

2. A current Gas Safety Certificate (GAS SAFE).3. A UKAS accredited and compliant Asbestos Management

Survey 4. All services are left in safe working order (lights, hot water

heater, boiler if applicable)5. The arch lining is complete and in good order, commissioning

remedial works if necessary.6. Whitewash walls to w/c block and painted surfaces and

repainting doors as directed by the Property Manager.7. All doors and shutters are in good working order and

serviced.8. All alarms are in good working order and copies of all

manuals, codes and fobs are provided.9. The floors are swept clean and degreased where applicable,

the floor coverings are in a uniform order and free from defects.

10. All tenant alterations and temporary structures, such as free-standing mezzanines, are to be removed and all elements to be made good.

11. The drainage is clear and free flowing.12. All glazing (if applicable) to be in place and in good repair

and clean.13. Ensure that the following are repainted and left clean and

clear of refuse: » Kitchenette (If applicable) » Office floors (If applicable) » Office walls (If applicable)

Please note that should any defects be found at hand over of the property, a claim for dilapidations may be made and we reserve the right to withhold any deposit in accordance with your Tenancy.

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05REGULATIONS

05.01 REGULATIONSIT IS A TERM OF YOUR TENANCY THAT YOU MUST OBSERVE THESE REGULATIONS AND MUST NOT AUTHORISE OR ALLOW ANYONE ELSE TO CONTRAVENE THEM INCLUDING ANY MADE BY NETWORK RAIL AND NOTIFIED TO YOU.

05.01.01 FIRE SAFETY

Appropriate “HazChem” warning signs must be displayed on the outside of Property to inform fire authorities in the event of a fire.

Fire extinguishers and other fire safety equipment must be kept in proper working order, with current and appropriate annual trade association certifications and any requirements of us or our insurer for reducing the risk of any Insured Risk occurring are to be complied with.

All fire exits or means of escape at the Property must be well maintained, lit and properly signed and kept clear and (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.

Tyres, timber, plastics or any other combustible materials (including for example pallets, baled clothing and/or baled cardboard) must not be kept at the Property in such numbers (or stored in such a manner as) that does or may in the opinion of the Surveyor (in its absolute discretion) present a material fire risk.

No fire is to be lit (including the use of braziers) at or outside the Property.

Within one month of the Tenancy Start Date (or sooner as required by legislation) and thereafter for the residue of Term you must carry out / renew/update all appropriate risk assessments in relation to the Property. These include 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.

05.01.02 GASES

Gas cylinders (whether containing gas or not) may not be stored at or outside the Property.

Gas cylinders may with the prior approval of the Surveyor (in its absolute discretion) be used in the Property but only when connected to equipment for use at the Property and in quantities first approved by the Surveyor (in its absolute discretion) which, in principle, will be the minimum required amount.

Acetylene cylinders must not be used or kept at or outside the Property.

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Propane heaters must not be kept or used at or outside the Property.

The above provisions of this section 2 shall not apply to gas cylinders containing inert gases (including carbon dioxide or nitrogen) or to fire extinguishers.

All work carried out on gas heating or related appliance must be in accordance with the requirements of the Gas Safety (Installation and Use) Regulations 1998 as amended or replaced from time to time.

05.01.03 TESTING AND STATUTORY REQUIREMENTS

Within one month of the Tenancy Start Date and thereafter annually for the remainder of the Term you must carry out / renew:

a. electricity test certificateb. gas system test certificatec. statutory portable appliance testing.

All test certificates must be available on request for inspection.

It is your responsibility to ensure that all gas and electric 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.

05.01.04 MACHINERY

No machinery or other equipment which causes or may cause interference with railway traction or signalling equipment may be used on or outside the Property.

So far as is necessary to prevent fire or other hazards from time to time install and keep any extract duct, extract fan and any other equivalent or ancillary plant and equipment in good and substantial repair and condition and properly maintained and cleaned and, where relevant, emptied using specialist contractors. You must be able to produce suitable evidence of the same being undertaken if requested by us.

Where there is a kitchen extractor system in use at the Property, this installation must be fitted with suitable access panels to enable the plenum chamber, body, all trunking and filters to be cleaned. All items shall be cleaned at least quarterly and in accordance with “TR/19 HVCA Guide to Good Practice – Internal Cleanliness of Ventilation Systems” as issued by the Building Engineering Services Association from time to time. Records of compliance must be supplied if requested and retained at the Property for inspection unless agreed otherwise.

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05.01.05 DANGEROUS / HAZARDOUS SUBSTANCES

Asbestos must not be introduced, stored or processed at the Property. You must maintain any asbestos register provided for the Property and make it available for inspection on request.

On giving up possession of the Property, if required by the Surveyor, a type two survey is to be produced as required under Regulation 4 of the Control of Asbestos Regulations 2012.Nothing is to be placed or kept at or outside the Property which may be of an explosive, combustible or dangerous nature except (1) as may be approved by the Surveyor (in its absolute discretion) and (2) is required in connection with the authorised use of the Property.

No petrol, diesel or other fuel is to be stored at or outside the Property.

Hazardous materials may only be stored at the Property in a best practice manner and in quantities first approved by the Surveyor (in its absolute discretion) which, in principle, will be the minimum required amount.

No hazardous materials may be stored outside the Property.

No paint spraying (other than water paint spraying) may be carried out at the 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) and so that while such paint spraying is being carried out:

(i) there is to be no welding and adequate ventilation is to be provided and maintained; and

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(ii) signs displaying this restriction must be put in a prominent place in the workplace.

No smoking is allowed within the proximity to any hazardous materials.

Compliance with this Regulation does not constitute compliance with Regulation 2 “(Gases)”.

05.01.06 DRAINS

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 foul waste 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 the Surveyor if requested and retained at the Property for inspection.

05.01.07 REFUSE AND WASTE

No refuse is to be allowed to accumulate at or outside the Property.

No vermin is to be allowed or encouraged (either purposefully or due to the poor housekeeping) in any part of the Property.

05.01.08 COMMON AREAS

You must not damage or obstruct, or store or leave any goods and materials on, any access ways, roads, gangways, walkways, fire or escape routes or any other areas used as Common Areas and such areas must be kept clear of goods and materials at all times so as to be available for use.

To the extent you are responsible for any such areas they must additionally be properly lit and signposted.

Any external area, unless specifically designated by the Surveyor, must not be used for storage of any kind or used as an extension to the Property.

In respect of external areas forming part of the Property or authorised for use by you:

(a) storage of redundant vehicles or those to be serviced or repaired is not permitted; and (b) items or goods may only be stored in a safe fashion and not higher than the height specified by the Surveyor.

05.01.09 NO OVERLOADING

Structures or flooring are not to be overloaded.

The structural stability of any Viaduct over or adjoining the Property is not to be endangered.

05.01.10 ENVIRONMENTAL COMPLIANCE

No changes, alterations or additions may be made to the Property that result in any reduced rating or renders obsolete an existing environmental certificate (including any EPC or DEC).

05.01.11 VEGETATION

Any vegetation at the Property shall be controlled or removed so as to ensure that there is no interference or danger to the Railway including the taking of any necessary steps to treat or remove vegetation in accordance with proper practice including preventative treatments.

You must notify the Surveyor if there is a risk of vegetation spreading to or undermining the Railway.

You must provide reasonable co-operation and information to the Surveyor and any contractor undertaking treatment or removal of vegetation.You must notify the Surveyor of any Japanese knotweed or other known invasive weed.

05.01.12 OPERATION OF EQUIPMENTYou must make sure that your equipment does not cross your boundary onto the Railway or get close to Network Rail’s overhead electric power lines (which carry 25,000 Volts) or other Railway Infrastructure. This particularly applies to use of ladders, cranes, forklifts, other jibbed machines, scaffolds, hoses, water jets or sprays.

Nothing is to be done at the Property which, in the opinion of the Surveyor, has or may have an adverse effect on the safety and/or operation of the railway.

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THE ARCH COMPANY TENANT GUIDE