Terms and Conditions
Terms and Conditions of this Licence
Definitions: In these terms and conditions and in this Licence the following words and expressions have the meanings set out below:
- ‘The ‘Landlord’ – the person named in the Particulars as the ‘Landlord or any new owner of the Site and references to ‘we’ in the terms and conditions is to the ‘Landlord.
- ‘The Goods’ – the Licensee’s goods in their ownership stored in the Storage Container from time to time in accordance with this agreement.
- ‘The Licensee’- the person or persons named in the Particulars as the Licensee and references to ‘you’ in the terms and conditions is to the Licensee.
- ‘The Site’ – the compound and access to and from it to the highway on the ‘Landlord’s land.
- ‘The Storage Container’ – the storage container referred to in the Particulars or any other container notified to the Licensee by the ‘Landlord in accordance with this agreement from time to time.
- ‘The Fee’ – the monthly fee set out in the Particulars or as otherwise notified to the Licensee in accordance with this agreement from time to time.
- ‘Payment Day’ – the day as set out in the Particulars.
- ‘The Use’ – the storage of the Licensee’s goods inside the Storage Container only.
1. Licence
For so long as the Fee and all other costs, fees and interest are paid up to date, the ‘Landlord licenses the Licensee (but no one else) to use the Storage Container for the Use in accordance with this Agreement from the start of this Agreement until it is terminated in accordance with the terms of this Agreement.
2. Payment of Fees and Charges
The Fee is payable by the Licensee to the ‘Landlord in advance on the Payment Day.
3. Change of Storage Fee
The ‘Landlord may alter its fees at any time by giving you not less than one month’s prior notice of the alteration at the last known address or email address of the Licensee.
4. Failure to Pay
If payment is not made on or within seven days of the Payment Day:
4.1 the ‘Landlord has the right to refuse access to the Storage Container (and change the lock on it) and the Site as a whole until all fees and charges under this Agreement are paid up to date.
4.2 the Licensee must pay to the ‘Landlord in addition to the Fee an administration charge of £5 for each month that the Fee is late or unpaid together with interest at the rate of 5% per annum calculated on a daily basis from the date for payment until payment is made.
4.3 the ‘Landlord has the right to remove the Goods to another part of the Site to ensure the Storage Container will be immediately available for use.
4.4 the ‘Landlord has a lien over the Goods for these unpaid fees, interest and charges and you will be given not less than 28 days’ notice requesting the collection and removal of the Goods (following payment) and allowing the ‘Landlord to sell the Goods, on default of payment and collection, within that time. The proceeds of sale will be paid firstly towards the costs of sale and thereafter towards the amount due to the ‘Landlord. In the event of any shortfall due to the ‘Landlord you will remain liable to the ‘Landlord for that shortfall together with interest and administrative costs. If the Goods are not saleable the ‘Landlord may dispose of the Goods by any means it considers fit, at the Licensee’s cost.
5. Licensee’s goods only and Prohibited goods
The ‘Goods: The items stored in the Container; not to include food or perishable goods unless securely packed so that they are protected from and do not attract vermin including chilled and frozen goods at time of occupation; birds, fish, animals or any other living or deceased creatures including human beings; combustible or flammable materials or liquids, gases, paint, petrol, oil or solvents; firearms, explosives, weapons or ammunition; chemicals, radioactive materials, biological agents, toxic waste, asbestos or any materials which may have a potentially hazardous nature; items which emit smells, odours, fumes; illegal or banned substances, illegally obtained, stolen or illegally imported goods’
6. Period of the Licence and its Termination
This Licence will continue unless and until terminated under this agreement by:
6.1 Either party terminating this Licence by giving the other party not less than one month’s written notice, expiring at the end of a monthly period.
6.2 The ‘Landlord may terminate your Licence immediately in the event of any amounts remaining unpaid for more than seven days or for any breach of the terms of this Licence Agreement.
7. Licence to occupy
The Licensor permits the Licensee to occupy the Container for the Permitted Use for the Licence Period in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Container for the Permitted Use) together with the right to use the Common Parts for such purpose.
7.1 The Licensee acknowledges that:
(a) the Licensee shall occupy the Container as a licensee and that no relationship of landlord and tenant is created between the Landlord and the Licensee by this licence;
(b) the Landlord retains control, possession and management of the Container and the Licensee has no right to exclude the Landlord from the Container;
(c) the licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause [1] may only be exercised by the Licensee and its employees;
8. Obligations of the Licensee on Termination
Within seven days of the termination of this Licence you must remove the Goods from the Storage Container, clean and tidy the Storage Container and the area around, it leaving it in the same condition as when the Licence commenced. If any damage has occurred to the Storage Container, cleaning or clearance of the Storage Container is required, the Licensee must pay to the ‘Landlord the reasonable costs of repair, reinstatement and cleaning of the Storage Container and the area around the Storage Container.
9. Liability for Loss or Damage to Goods
The Licensee is advised to insure and maintain insurance of the Goods as the ‘Landlord is not liable to the Licensee for any loss or damage to the Goods which are stored entirely at the Licensee’s risk.
10. Licence and the right to Request Change of Storage Container
This Licence Agreement does not confer on the Licensee any right to exclusive use of or possession of the Storage Container and the ‘Landlord may at any time on not less than 14 days’ notice, or in case of any emergency, immediately, require the Licensee to move the Goods to another Storage Container within the Site and the ‘Landlord reserves the right to move the Goods itself to an alternative Container at the Licensee’s cost if the Licensee has not moved them as requested within the 14 days or immediately in an emergency at the cost of the Licensee.
11. Suitability of Storage Container
The ‘Landlord makes no representations about the suitability of the Storage Container for the storage of the Goods and the Licensee is advised to inspect the Storage Container to satisfy itself on this point.
12. Reasonable Regulations
The Licensee shall comply with any reasonable regulations notified to the Licensee from time to time relating to the use of the Site, access to it and of the Storage Container.
13. Notices
All notices required to be given under this agreement should be in writing and may be delivered by hand or pre-paid post to the last known address of the Licensee. Notices or information relating to changes of the Storage Container to be used; changes of regulations or requirements or alterations of the Fee may be made by the ‘Landlord to the Licensee using the last known email address notified to the ‘Landlord and in the event that the Licensee is more than one person notice to one Licensee shall be sufficient for the purposes of notices required to be served under this agreement.
14. Access
Access to the Site and to the Storage Container is during specified opening hours. It shall be over the agreed accessways and routes. The ‘Landlord may change the specified opening hours and means and routes of access to the Site and the Storage Container on reasonable prior notice by email or post.
15. Alterations, damage and maintenance
The Licensee shall not use or do anything at the Site or to or in the storage Container which may invalidate or increase the premiums of any insurance policy the ‘Landlord holds for the Site; shall not paint or make alterations to or addition to the Storage Container and shall not add any signs, signage or advertisement to the Storage Container but shall keep it clean and shall not damage the Storage Container in any way and shall ensure that it is kept tidy and shall not use it in a way that causes any nuisance or annoyance to the ‘Landlord or its Licensees.
16. Notification of Change of Address, Email or Telephone Number
The Licensee shall give the ‘Landlord notice in writing of any change of address, telephone number, mobile number or email address of the Licensee within 48 hours of any change.
17. General
The ‘Landlord shall not be liable to the Licensee for any loss, costs or damages suffered by the Licensee as a result of any delay or inability to access the Site or the Storage Container due to temporary works or any matter outside the control of the ‘Landlord.
18. Personal and not transferrable
This Licence is personal to the Licensee and is not assignable or transferable in any way and nor shall the Licensee allow any other person to use the Storage Container.
19. Joint and Several Liability
Where the Licensee consists of two or more persons, each person takes on the full obligations under this agreement separately (joint and several liability)