Decision Maker: Assistant Director Economic Growth
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
We have been asked to approve a 5 year sub
lease by the solicitors representing the ground leaseholder of Unit
12 Pioneer Court, Hagen Developments Limited
The proposal is for them to grant a lease to TMD Friction UK
Limited (Company House reg no: 4330235.The lease will be FRI Terms
for a rent of £45,000pa though the first 6 months of the term
will be rent free. There is a break clause which can be activated
by the tenant only giving the landlord not less than six months
written notice of intention to terminate agreement. Bank references
are not required due to the Council only receiving a nominal rent
of one peppercorn.
The use is office services use class E (formerly use class B1 of
the Town and Country (Use classes) Planning Order 1987). The
company manufactures parts and accessories for motor
vehicles.
Trade references not required either.
The Companies House check has not revealed anything to be concerned
about.
The alienation clause in the lease between The Council and City
& Northern (Now Hagen Developments) does not refer to any
under-lessee being a good a proper person or company, just that the
Council’s consent cannot be unreasonably withheld or
delayed.
In light of the checks Hagen Developments will have commissioned,
to ensure their direct under tenant is of substantial covenant and
standing, we have no grounds for withholding our consent. TMD
Friction UK Limited will not be paying rent to the Council. They
will be paying rent to Hagen Developments Limited.
The Council’s legal and surveyors fees of £500 are
being paid by Hagen Developments Ltd for processing this
approval.
To approve the proposed sub underlease of unit
12 Pioneer Court to TMD Friction UK Limited
Reasons for the Decision(s)
Enables a vacant unit to be occupied providing new jobs to
Darlington
None
Publication date: 02/11/2021
Date of decision: 31/10/2021