Purpose

To complete the proposed redevelopment of the outdoor market it is necessary to obtain vacant possession of the sites of the kiosks currently in situ in Ashton Market Square.   This decision authorises the serving of notices to terminate the existing tenancies and to manage those leases which have expired, or which are due to expire.

The decision also authorises the negotiation of short-term leases on a temporary alternative site for a number of the affected tenants. These leases will be for a term of 3 years, contracted out of the renewal provisions of the Landlord and Tenant Act 1954 at open market rental value subject to a three month re-location break clause.  The break will be effected once the refurbishment of Ashton Market Square has been completed, following which new leases will be negotiated with each tenant, and as such can be approved by the Director of Place under delegated powers (Constitution part 3a F 57 (i) refers).

Decision

That it be DETERMINED that:

1. Notice to terminate leases be served on the kiosk tenants detailed in the attached report on Ashton Outdoor Market, in order to obtain vacant possession of the outdoor kiosk units to facilitate the redevelopment of the outdoor market.
2. In respect of the kiosks where the leases have expired or will expire prior to possession being required a short-term licence will be issued to each occupier and terminated when required to facilitate the redevelopment project.  Licences to be granted at open market rent under delegated powers granted to the Director of Place (Constitution part 3a F 57 (i) refers).
3. That new leases to be on broadly similar terms to the existing leases, but are yet to be negotiated, to be granted to selected tenants for the temporary occupation of an alternative site pending completion of the redevelopment.  Such leases to be contracted out of the renewal provisions of the Landlord and Tenant Act 1954 at open market rental and to be approved under delegated powers by the Director of Place Constitution part 3a F 57 (i) refers).