Your lease is the legal agreements made between you and the Council when you purchase the property.

Transcription

1 Understanding Your Lease This guide is a plain English version of your lease. Remember that this version of your lease is only a guide. The legal wording in your actual lease document will be used in law if there is a dispute over the terms of your lease. Your lease is the legal agreements made between you and the Council when you purchase the property. Whilst every effort is made to ensure the accuracy of this guide, we recommend that you take independent legal advice if you need further explanation of any part of your lease, particularly if there is a dispute over its terms. Your lease what it says and what it means. H. M. LAND REGISTRY LAND REGISTRATION ACT 2002 HOUSING ACT 1985 (as amended) This is the law under which your property is registered and sold to you. Title number: This is the title or identification number of your property registered with the Land Registry. Property: This is your flat/maisonette address Lease dated This is the date we grant the lease to you 1

2 1. PARTICULARS (1) The Lessor: CHESTERFIELD BOROUGH COUNCIL of Town Hall Chesterfield Derbyshire S40 1LP (2) The Lessee: (3) The Demised Premises: the flat known as Chesterfield and which is for the purpose of identification only outlined in red on the Plan attached hereto/shown in part outlined in red on Plan 1 and Plan 2 attached hereto (4) The Premium: (5) The Rent: TEN POUNDS ( 10.00) per annum (6) The Discount [amount] (7) The Commencement Date: (8) The Certificate of Value: These are the main details of your lease (1) This is the landlord Chesterfield Borough Council (2) This is the leaseholder [name] (3) This is the details of the property which has been sold, the boundaries of which are outlined in red on the attached plans. (4) The premium is the amount paid for the property. (5) The amount of the annual rent for the lease (6) The amount of the discount which you entitled to under the Right to Buy scheme (7) This is the date we granted you the lease (8) This is the value of the property on the open market at the time of the lease being granted 2. DEFINITIONS AND INTERPRETATION In this Lease The meaning of words and what they refer to in this lease. 2.1 "the Particulars" means the Particulars set out in Clause 1 of this Lease and references to numbered items of the Particulars are references to the numbered sub-clauses of that Clause the Particulars refers to the details set out in clause "the Lessor" means the person named as the Lessor in item (1) of the Particulars and includes any other person for the time being entitled to the immediate reversion on this Lease 2

3 the Lessor refers to the landlord named in the details at 1.1. This can include anyone who takes over from this landlord. 2.3 "the Lessee" means the person named as the Lessee in item (2) of the Particulars and includes two or more joint lessees their survivor or survivors and the successors in title of the Lessee the Lessee means the leaseholder named at 1.2 and includes any joint leaseholders or anyone who takes over the lease. 2.4 the obligations of joint Lessees shall be joint and several If you are a joint leaseholder, all the agreements made in this lease apply to you together and individually. This means that if one of you leaves the property the other must still keep to these conditions. 2.5 words importing only the masculine gender shall include the feminine and singular shall include the plural If the lease refers to the masculine (him, he, his etc.) then it is also considered to be the feminine (her, she hers etc.) If it suggests singular (e.g. the tenant) it can also mean more than one 2.6 the Plans means the plans annexed to this Lease and numbered Plan 1 Plan 2 and Plan 3 and references to individual Plan numbers 1 2 and 3 shall be construed accordingly Plans of your property are attached to your lease 2.7 "the Demised Premises" means the premises described in item (3) of the Particulars This is the address of the property which you have bought. 3

4 2.8 "the Flat" has the meaning set out in the Fourth Schedule to this Lease This is the actual flat or maisonette in the building sold to you. Your flat is described in more detail in the Fourth Schedule of your lease. 2.9 "the Flats" means the flats as defined by the Housing Act 1985 (as amended) forming part of the Block This term is used to describe the other dwellings in the building 2.10 "the Estate" means the Estate described in the First Schedule to this Lease This is the area around your flat which is described in the First Schedule of your lease "the Block" means the property described in the Second Schedule to this Lease This is the building which your flat/maisonette is in "the Reserved Property" means the property described in the Third Schedule to this Lease The third schedule details the land and structures which make up the block 2.13 "the Owner" means the lessee for the time being of a flat demised for a term exceeding twenty-one years This term is used to describe a leaseholder with a lease of more than 21 years "the Initial Period" means the period of five years starting from the date of this Lease except that: 4

5 where this Lease includes provisions for service charges or improvement contributions to be payable in respect of costs incurred in a period before the date of this Lease the Initial Period begins with the beginning of that period where this Lease provides for service charges or improvement contributions to be calculated by reference to a Specified Annual period the Initial Period continues until the end of the fifth such period beginning after the date of this Lease and where the Tenant served notice under Section 142 of the Act deferring completion the Initial Period ends on the date on which it would have ended if this Lease had been granted on the date on which the notice was served The initial period is roughly 5 years from the date you were granted your lease. If major repair or improvement works began on the building before you were granted the lease but in the term where you are liable to pay a proportion of the cost, the initial period can start from the beginning of that term. The initial period will end on the fifth 31 st March after the initial period begins. In certain cases the leaseholder is entitled to defer the completion date of the sale and can serve a notice on the Council to do this. If the lease start date was delayed because the Tenant served such a notice on the Council, the Initial Period will still end on the date it would have if the lease start date had not been delayed "the Act" means the Housing Act 1985 (as amended) This is the law that sets out the rules governing the granting of your lease under the Right to Buy Scheme 2.16 "the Premium" is the amount stated in item (4) of the Particulars 2.16 This is the amount you paid for the property as detailed at references to any statute or any section of any statute includes a reference to any modification or re-enactment of it for the time being This means that the law we refer to in your lease includes any future changes that there might be to the law. 5

6 2.18 the clause headings do not form part of this Lease and shall not be taken into account in its construction or interpretation There are different parts to the lease, each with its own heading. The heading themselves are not part of the lease 3. DEMISE IN CONSIDERATION of the Premium paid by the Lessee to the Lessor (receipt whereof the Lessor hereby acknowledges) and of the rents hereinafter reserved and the Lessee's covenants hereinafter contained the Lessor demises unto the Lessee ALL THAT Demised Premises TOGETHER WITH the rights and easements set out in the Fifth Schedule hereto EXCEPT AND RESERVING unto the Lessor as set out in the Sixth Schedule hereto TO HOLD the same (subject to the stipulations conditions and all other rights easements liberties and privileges to which the Block or the Demised Premises or any part thereof are now or may at any time during the continuance of the term hereby granted be subject) unto the Lessee for the term of One hundred and twenty five years from the commencement date YIELDING AND PAYING:- (A) by way of rent during the term hereby granted the rent specified in item (5) of the Particulars such rent to be paid in advance on the First day of April in every year the first of such payments or a proportionate part thereof to be made upon the date hereof (B) by way of further rent during the term hereby granted a yearly sum equal to all such sums as the Lessor shall from time to time pay by way of premium for insuring the Demised Premises pursuant to the provisions of Clause 2 of the Ninth Schedule hereto such further rent to be paid in advance on the First day of April in every year the first of such payments or a proportionate part thereof to be made upon the date hereof (C) by way of further or additional rent during the term hereby granted all monies due to the Lessor pursuant to the provisions of Clause 5 hereof such further or additional rent to be paid by equal quarterly payments in advance on the First day of January the First day of April the First day of July and the First day of October in each year the first of such payments or a proportionate part thereof to be made on the date hereof You have paid the purchase price for the property and the yearly rent so the Council has granted you a lease of the property for a term of 125 years. You are also granted the rights set out in the fifth schedule (we reserve our rights set out in the sixth schedule) but you must keep to the other conditions in this lease. It is also provided you pay: (A) the ground rent ( the amount specified at 1.5) due on the 1 st April each year (B) the building insurance (see clause 2 of the ninth schedule) due on the 1 st April each year 6

7 (C) the service charges (see clause 5) due each quarter 4. LESSEE'S COVENANTS 4.1 THE Lessee hereby covenants with the Lessor throughout the term granted: to observe and perform the covenants contained in the Seventh Schedule hereto to observe and perform the rules and regulations set forth in the Eighth Schedule hereto These are your legal promises and you agree to keep to the conditions stated in the seventh and eight schedules throughout the term of your lease. 5. SERVICE CHARGE 5.1 The Lessee hereby further covenants with the Lessor that the Lessee will at all times during the term hereby granted: pay to the Lessor such annual sum as may be notified to the Lessee by the Lessor from time to time as representing the due proportion of the reasonably estimated amount required to cover the cost and expenses incurred or to be incurred by the Lessor (i) in carrying out such improvements to the Demised Premises the Block the Reserved Property and/or the Estate as the Lessor shall in its absolute discretion deem necessary (ii) in carrying out the obligations or functions contained in or referred to in this clause and clause 8 hereof (iii) in carrying out any of the works or providing any of the services set out in the Ninth Schedule hereto for each financial year running from the First day of April in each year to the Thirty-first day of March in the following year and also any costs and expenses incurred between the date of valuation of the Demised Premises in accordance with Section 125 of the Act and the date hereof or during a previous financial year but remaining unpaid which the Lessor may in its absolute discretion consider it reasonable to include (such costs and expenses being hereinafter together called "the Management Charges") such estimated amount to be payable quarterly in advance on the days for payment of rent hereunder the first payment being a proportionate part for the period from the date hereof to the next rent day to be made on the execution of these presents and IT IS HEREBY DECLARED that the Management Charges may (without prejudice to the generality of the foregoing) include such amounts as the Lessor shall from time to time consider necessary to put to reserve to meet the future liability of carrying out major works to the Block the Reserved Property or to the Demised Premises PROVIDED that:- (i) the Lessor will make an appropriate contribution to the Management Charges in respect of any flat or flats for the time being forming part of the Reserved Property and (ii) in determining the Management Charges statutory provisions for the 7

8 time being in force relating thereto shall at all times be complied with and PROVIDED FURTHER pursuant to the provisions of Part III of the Sixth Schedule to the Act that during the Initial Period the Lessee shall not, except to the extent permitted by paragraphs 16B and 16C of the said Part III of the said Sixth Schedule of the Act be required by way of Management Charges to contribute to any costs incurred by the Lessor in discharging or insuring against the matters contained in the said Ninth Schedule hereto or in carrying out the improvements herein before referred to You agree that during the term of your lease you will pay your share of the annual costs which the Council incurs for (i) (ii) (iii) carrying out improvement works which the Council thinks are necessary carrying out its management duties Management Charges. These are charges for the communal services your property benefits from and are detailed in the ninth schedule. These are charged for each financial year (April to March) and are due quarterly in advance so may be an estimated cost. They may also include costs from before your lease was granted. The law allows this because the work done will benefit your property but may not have been considered when your property was valued. Management Charges may also include an amount which the Council thinks necessary to reserve to pay for future major works on the block as long as (i) the Council pay their share of the costs. (ii) when working out Management Charges the Council will abide by current statutory rules. These reserve costs will not be payable during the initial period pay to the Lessor on demand the amount by which the estimated sum paid by the Lessee to the Lessor under sub-clause of this clause in respect of the Management Charges for each financial year as aforesaid (including unpaid charges incurred in respect of a previous financial year as aforesaid or in the first year of this term part of a financial year) is less than the due proportion payable by the Lessee of the total monies properly and reasonably expended or retained by the Lessor constituting Management Charges for such financial year, such due proportion being an amount which represents a reasonable proportion of the total sum expended or retained by the Lessor as aforesaid in respect of or otherwise for the benefit or use of the Block subject nevertheless to the Second Proviso contained in sub-clause of this clause for the period stated therein If the estimated amount you have been charged and paid for your share of the 8

9 Management Charges is less than the actual amount which is due, you must pay the difference to the Council if the amount by which the estimated Management Charges paid by the Lessee to the Lessor under sub-clause of this clause is more than the due proportion payable by the Lessee of the total monies properly and reasonably expended or retained by the Lessor as above the excess so paid shall be carried forward by the Lessor to be credited to the account of the Lessee If the estimated amount you have been charged and paid for your share of the Management Charges is more than the actual amount due, the Council will carry this forward and credit it to your account. 6. REPAYMENT OF DISCOUNT 6.1 The Lessee hereby covenants with the Lessor that if within a period of five years from the date hereof the Lessee or his successor in title shall make a relevant disposal of the Property which is not exempted by Section 160 of the Housing Act 1985 the Lessee or his successors in title shall pay to the Landlord or a sum ( the Repayment of Discount Sum ) equal to a percentage of the price or premium paid for the first relevant disposal such appropriate percentage being calculated in accordance with the following formula:- The Appropriate Percentage = D x100 C Where D = the discount to which the Tenant was entitled of ( ) C = value of the dwelling which under Section 127 of the Housing Act 1985 was taken as the value of the dwelling at the relevant time of ( ) but the Repayment of Discount Sum shall reduced by one fifth for each complete year which elapses from the date hereof and before the disposal PROVIDED ALWAYS that if there is more than one such relevant disposal such amount shall only be payable on the first such relevant disposal and for the purpose of this clause the words "relevant disposal" shall have the meaning given to them by Section 159 of the Housing Act 1985 and PROVIDED FURTHER the provisions of this clause are subject to Section 155C of the Housing Act 1985 If you (or anyone who takes over the lease) sell your property within 5 years of the start of this lease you will have to pay back to us some or all of the Right to Buy discount. The amount of discount that you repay is reduced by one fifth for each complete 9

10 year of the first 5 years after we grant you the Lease. If the property is sold more than once during this period we can only claim repayment of the discount on the first sale. In some cases you are able to sell your property during the first 5 years of the lease and not have to repay the discount, as they are exempt under the law. Your solicitor will be able to advise you if you have to repay any discount if you sell your flat. 6.2 For the period of ten years from the date hereof the Lessee or his successor in title shall not make any relevant disposal of the Property which is not an exempt disposal as defined by Section 159 and Section 160 of the Housing Act 1985 respectively unless the provisions of section 156 of the Housing Act 1985 have been complied with and the parties agree to hereby apply to the Chief Land Registrar to make the following entry in the title register of the Property RESTRICTION: No transfer or lease of the registered estate dated before the day of Two thousand and sixteen by the proprietor of the registered estate or by the proprietor of any registered charge is to be completed by registration unless accompanied by:- (a) a certificate given by Chesterfield Borough Council that the transfer or lease complies with the requirements of Section 156A of the Housing Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal or (b) a certificate given by a person who confirms that he is the person in whom the reversionary interest is now vested (if that person is not the original disposing authority) and that the transfer or lease complies with the requirements of Section 156A of the Housing Act 1985 or is either an exempted disposal or is not a relevant disposal During the first ten years of the lease, if you (or anyone you have transferred the lease to) want to sell the property, you must first ask us if we wish to buy the property back from you. This is called our Right of First Refusal. The law sets out a procedure for doing this which your solicitor can advise you about. You agree to an entry being made onto the Land Registry s records regarding our Right of First Refusal. This is called a Restriction. This means that if you do try to sell your property before [date] it will be prevented unless proof that the Right of First Refusal has been offered to the landlord. The Right of First Refusal may not need to be offered in some cases which are exempt under the Housing Act. 7. QUIET ENJOYMENT 7.1 The Lessor hereby covenants with the Lessee that the Lessee duly paying the rents hereby reserved and observing and performing all and every the covenants conditions restrictions regulations obligations and agreements herein contained shall peaceably hold and enjoy the Demised Premises 10

11 (together with the rights hereby granted) for the term hereby granted without any interruption by the Lessor or any person lawfully claiming under or in trust for it As long as you continue to pay the ground rent and other charges and keep to all the conditions in the lease, you are entitled to live in peace in this home without interference from us or anyone else. 8. LESSOR'S RIGHT OF MANAGEMENT These are our rights in managing the block. 8.1 IT IS HEREBY AGREED AND DECLARED as follows: that the Lessor shall at all times during the term hereby granted manage the Block in a proper and reasonable manner and the Lessor shall be entitled: (i) to appoint if the Lessor so desires managing agents for the purpose of managing the Block and to remunerate them properly for their services (ii) to employ architects surveyors solicitors accountants contractors builders gardeners and any other person firm or company properly required to be employed in connection with or for the purpose of or in relation to the Block or any part thereof and pay them all proper fees charges salaries wages costs expenses and outgoings (i) to delegate any of the functions under clause (i) and (ii) of this clause or any of the works or services listed in the Ninth Schedule hereof to any firm or company whose business it is to undertake such obligations upon such terms and conditions and for such remuneration as the Lessor shall think fit We shall manage the block in a proper manner and we are entitled to (i) (ii) (iii) appoint and pay management agents for the block employ and pay other professionals or companies for services which may be required to choose which companies we use for the above functions or for the services detailed in the ninth schedule that so far only as the law permits the Lessor shall not be liable or responsible for any damage injury or loss suffered by the Lessee or any other person whomsoever through any defect in the Estate or any part thereof or the failure to perform or supply any of the obligations or services herein provided for or through the default neglect or 11

12 misconduct of any person employed in connection with the Estate and PROVIDED NEVERTHELESS that any failure on the part of the Lessor to perform or supply such obligations and services shall not release or in any way exonerate the Lessee from complying performing or observing his covenants or obligations herein contained and PROVIDED FURTHER that to the extent permitted by law the Lessor may add to diminish modify or alter any such obligations and services if by reason of change or circumstances during the term hereby demised such additions diminutions modifications or alterations may in the opinion of the Lessor appear reasonably necessary or desirable in the interests of good estate management We are not liable for any damages suffered by the leaseholder because of defects in the Estate or by failing to perform any of the services mentioned in this clause. If we do fail to keep our obligations you must still keep to yours. We may add to, remove or alter the services we provide if we consider it necessary. 9. RE-ENTRY 9.1 If and whenever the rent hereby reserved or any part thereof shall be unpaid for twenty-one days after becoming payable (whether formally or legally demanded or not) or if and whenever the Lessee shall not observe and perform all and every the covenants conditions restrictions regulations obligations and agreements on the part of the Lessee herein contained then and in any such case it shall be lawful for the Lessor or any person or persons authorised by the Lessor in that behalf to re-enter the Demised Premises or any part thereof in the name of the whole and to repossess and again enjoy the Demised Premises as in their first and former estate notwithstanding anything herein contained to the contrary and thereupon the term hereby granted shall cease and determine but without prejudice to any right of action or remedy of the Lessor in respect of any antecedent breach of any of the covenants on the part of the Lessee herein contained If the ground rent you have to pay becomes overdue by 21 days or if you break any of the conditions in this lease, we can take steps to obtain a Court Order and repossess your property as if your lease had never existed. This does not prevent us from taking action against you for any previous breaches of the conditions contained in this lease. 10. SERVICE OF NOTICES The provisions of Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Services Act 1962 shall apply to any notice under this Lease 12

13 The law applying to the service of notices applies to notices served under this lease 11. ARBITRATION If any dispute or difference shall arise between the Lessor and the Lessee touching the determination in a particular manner or on particular evidence of any question whether any amount payable before costs for services repair maintenance insurance or management are incurred is reasonable whether such costs were reasonably incurred or whether services or works for which costs were incurred are of a reasonable standard then and in every such case the dispute or difference shall be referred in accordance with the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force to the determination of a single arbitrator to be agreed upon by the parties or failing agreement to a person nominated by the President for the time being of the Royal Institution of Chartered Surveyors If a dispute arises between us concerning the cost or standard of a service you are being charged for it will be dealt with in accordance with the Arbitration Act of The dispute will be settled by an impartial arbitrator who will be agreed between us or, if we can not agree on an arbitrator, someone from the Royal Institution of Chartered Surveyors will be appointed. 12. CERTIFICATE AS TO AGREEMENT It is hereby certified that there is no Agreement for Lease to which this Lease gives effect There is no previous agreement between us regarding this lease, which would be subject to paying stamp duty. 13. THIS Lease is not intended to confer any rights upon any party who is not a party to this Lease and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Lease This lease only gives the mentioned rights to the named leaseholder(s). I N W I T N E S S whereof the Lessor and Lessee have duly executed this Lease as a deed on the date first above written We have both signed this document to confirm this on the date shown on the front of 13

14 this lease. THE FIRST SCHEDULE above referred to The Estate ALL THAT area of land shown for the purposes of identification only outlined in dark blue on the [plan/the Plan 1] attached hereto comprising land garden flats [garages parking spaces stores] and premises This first schedule details a defined area of land around your block known as the Estate in your lease. The land included is marked in blue on the attached plan. THE SECOND SCHEDULE above referred to The Block ALL THAT piece or parcel of land with the block of flats erected thereon and known as Numbers aforesaid inclusive being part of the Estate This second schedule gives the address of the building which your flat is in, known as the block in your lease. The block is part of the Estate. THE THIRD SCHEDULE above referred to The Reserved Property FIRSTLY ALL THOSE the areas forecourts courtyards refuse chutes fences walls (other than party walls and structures referred to in the Fourth Schedule hereto) and the halls staircases lifts (if any) landings steps passages and other parts of the Block which are used in common by the owner or owners or occupiers of any of the flats forming part of the Block SECONDLY ALL THOSE the external main structural parts of the Block including the roofs roof supports foundations and external walls and parts thereof (but not the glass in the windows of the flats nor the interior faces of such external walls as bound the flats) also the walls dividing the flats from the common halls staircases (but excluding the interior faces of such walls and any staircases situated wholly within the Demised Premises) landing steps and passages in the Block and all the cisterns tanks central heating apparatus (if any) sewers drains gutters pipes wires cables ducts and conduits not used solely for the purpose of the Demised Premises and joists or other supporting floor structure or beams to which are attached any ceilings or floors also the structural parts or railings of any balconies THIRDLY any flat for the time being not sold or let on long lease for a term exceeding twenty one years FOURTHLY all other parts of the Estate other than the Block 14

15 This third schedule details all the areas, facilities and amenities in the block and on the Estate that are shared with other leaseholders, tenants and other occupiers on the Estate. This is known as the reserved property. It includes not only shared staircases, hallways, conduits etc inside the block, but also communal footpaths, garden areas, drying areas etc located on the Estate. It does not include anything which forms part of your property which is detailed in the fourth schedule. THE FOURTH SCHEDULE above referred to The Flat The flat includes the surface of the floors above the joists or other supporting floor structure (and the surface of the floor of the balcony [if any]) and the ceiling of the flat up to but excluding the joists or other supporting floor structure or beams to which the ceiling is attached and all walls save the exterior walls and the walls dividing it from any other flat or from the common halls staircases landings steps and passages in the Block (but including the surfaces of such walls within the Demised Premises and the glass of the windows of the flat and the doors and door frames) together with all conducting media which are laid in any part of the Block and serve exclusively the flat PROVIDED THAT all internal walls and structures separating the Demised Premises from any other flat shall be party walls and structures and PROVIDED FURTHER that the Demised Premises shall not include such other parts of the Block forming or intended to form part of the Reserved Property and the premises included or intended to be included in the Leases of the adjoining or neighbouring flats This schedule is a description of all of the property included in your lease which is known as the flat. This includes the floors and ceilings, the interior walls and the glass windows, all the doors and doorframes and all the conduits such as pipes and cables which are connected only to your flat. The property does not include and joists or supporting structures or beams to which any part of the flat is attached or any of the exterior walls dividing it from adjoining flats or any of the communal areas. THE FIFTH SCHEDULE above referred to Rights and Easements granted to the Lessee These are your rights as a leaseholder. 1. The right in common with the Lessor and owners and occupiers of all other flats and all others having the like right for the Lessee and for all other persons coming to or leaving the Demised Premises to use for the purpose only of access to and egress from the Demised Premises:- (a) [the pathway/the passageways stairways and corridors] (if any) shown 15

16 (b) coloured brown on the [plan/plans 2 and 3] all such parts of the Estate as afford access thereto or egress therefrom and subject to the rights reserved by the Sixth Schedule hereto and subject also (where applicable) to the installation and operation of any controlled entry system at the Block You and members of your household and visitors have a right of way to access your property over a) the corridors/paths/stairways etc coloured brown on the attached plans b) the access routes through the Estate to your property subject to rights reserved in the sixth schedule and also subject to the installation of a door entry system to the block. We and other occupiers of the flats also have these same rights. 2. The right of free passage and running of air water soil gas and electricity television and telephone signals or impulses or other services through the ventilators sewers drains pipes wires cables and conduits and other services and conducting media which are now or may at any time hereafter be in under or upon any part of the estate for the service of the Demised Premises together with all easements rights and privileges proper for repairing maintaining and reinstating the same subject to the rights reserved by the Sixth Schedule hereto You have the right to have all these services to your property using the present conduits (pipes, wires, cables etc) or any which may be laid in the future. You have the right to have any of the services to the property repaired subject to our rights reserved in the sixth schedule. 3. The benefit of covenants and restrictions similar to those herein contained imposed by the leases of other flats upon the owners thereof so far as such covenants and restrictions are intended to benefit the Demised Premises or the Lessee and so far as the benefit thereof can in law accrue to the Demised Premises or the Lessee Other leaseholders have to keep to the agreements and rules in their lease which protect your rights. 4. The right of support and shelter so far as may be necessary for the Demised Premises as the same is at present enjoyed from the adjoining flat or flats and any part of the Estate which may be respectively below or beside or 16

17 above the Demised Premises or any part thereof and the foundations thereof and the right to the protection afforded to the Demised Premises by the roof of the Block You property has the benefit of support and protection from adjoining properties and from the rest of the building. This means that we must make sure that the structure of the building supports and protects your property. 5. The right at all reasonable times with or without workmen and others as often as need or occasion shall require to enter any adjoining or adjacent flat or any other part of the Reserved Property as necessary and remain therein for such reasonable time as is necessary for the purpose of complying with any of the covenants on the part of the Lessee herein contained which cannot otherwise be complied with the Lessee making good forthwith any damage caused thereby such right not to be exercised unless reasonable notice has previously been given to the adjoining owner (or to the Lessor if any flat or other area to be entered forms part of the Reserved Property) except in case of emergency You have the right to enter any part of the building in order to comply with your obligations under your lease agreement (i.e. to carry out repairs). This includes entry to other leasehold or tenanted flats. This must be with reasonable notice (except in emergencies) and you will be liable for any damage caused. 6. The right to discharge household refuse into any refuse chute serving the Block between the hours of [time] am and [time] pm only You have the right to use the refuse chute between [time] a.m. and [time] p.m. 7. The right for the Lessee and all other lawful occupants of the Demised Premises (in common as aforesaid) to use the gardens shown coloured green on the plan/plan 1 and to use the communal drying areas shown coloured orange on the plan/plan 1 and to use the shared bin store edged purple on Plan 2 as may from time to time subsist subject to compliance with all regulations laid down by the Lessor in respect thereof You and other members of your household have the right to use the gardens shown in green on the attached plan; to use the communal drying areas shown orange on the attached plan and to use the shared bin store shown in purple on the attached plan. You must abide by any rules regarding these areas. 17

18 THE SIXTH SCHEDULE above referred to Exceptions and Reservations This schedule sets out the rights of the landlord and other owners and occupiers of properties in the building. 1. The right of free passage and running of air water soil gas and electricity television and telephone signals or impulses and other services from and to other parts of the estate through those ventilators sewers drains pipes wires cables and conduits and other services and conducting media which now are or may at any time hereafter be in under or upon the Demised Premises together with all easements rights and privileges proper for repairing maintaining improving altering and reinstating the same We and other leaseholders in the block have the same rights to services as you (air, running water, gas etc). We also have the right to carry out repairs and alterations to the conduits carrying these services. 2. The right of support and shelter so far as may be necessary to the superior and inferior adjoining flats and any other part of the Estate as the same is at present enjoyed Adjoining flats and all other parts of the block will continue to have the benefit of support and protection from your property. 3. The right for the Lessor its servants and agents and the owners or occupiers of the other flats their servants or agents at all reasonable times with or without workmen and others as often as need or occasion shall require to have access to and enter the Demised Premises and remain therein for such reasonable time as is necessary for the purpose of executing repairs renewals alterations and improvements to any part of the Demised Premises the Block the Reserved Property and/or the Estate or to any ventilators sewers drains pipes wires cables and conduits and other services and conducting media serving any part of the Estate which cannot otherwise be executed and of complying with their respective obligations either hereunder or under any covenants relating to any other flat the person exercising such rights making good forthwith any damage caused by such entry such right not to be so exercised unless reasonable notice has previously been given to the 18

19 Lessee except in case of emergency We and other leaseholders in the block have the right to enter your flat to carry out work to the block carry out work to any of the conduits and shared services fulfil obligations under this or any other flat lease We or they must put right any damage done to your property 4. The right for the Lessor to substitute divert or otherwise alter the roads (if any) and pedestrian accessways on the Estate and the said sewers drains pipes wires and cables through and along which the Lessee is hereinbefore given rights We have the right to alter any access routes and any conduits ( e.g. pipes and wires) to the block. 5. All such other rights and easements and quasi-easements over the Demised Premises as now belong to or are enjoyed or intended to be enjoyed by any other part of the estate or any part of any adjoining or neighbouring land All rights that apply to any other part of the estate relating to the flat must be observed. This means that we and other leaseholders have the same rights over the block as you have and keep all existing rights running through your property. 6. The right of the Lessor to agree with any adjoining or adjacent occupier variations in the boundaries of the Estate (but not of the Demised Premises) and to make variations to any rights of way or access over the Estate or over any adjoining property and to any of the gardens communal amenity areas or any other communal facilities on the Estate other than the Demised Premises We have the right to alter the boundary of the Estate so long as this does not affect your property. We can also alter the rights of way or access routes to and over the Estate and to any of the communal areas. 19

20 THE SEVENTH SCHEDULE above referred to Covenants on the part of the Lessee These are the legal promises set out in the Lease which you must keep 1. To pay the said yearly rent herein reserved and payable at the times and in the manner at and in which the same is herein reserved and made payable without any deduction You must pay the ground rent on time each year. 2. To bear pay and discharge all water charges rates taxes duties charges assessments impositions and outgoings whatsoever (whether parliamentary parochial local or otherwise) which are now or may at any time hereafter during the term hereby granted by charged levied assessed or imposed upon the Demised Premises or any part thereof or upon the owner or occupier in respect thereof whether the same shall be in the nature of those now subsisting or otherwise You must pay all charges (e.g. water rates and council tax ) which become due for the leased flat. 3. To pay for all gas and electricity or other illuminant or source of power consumed on the Demised Premises and all charges for the hire of meters in respect thereof and all hot water and central heating charges (if any) and to observe all regulations and requirements of the relevant authorities You must pay for the amenities you use at your property such as gas and electric including any charges for the meters. You must abide by the rules and regulations of the amenity companies. 4. To the satisfaction of the Lessor to keep in good and substantial repair and condition and properly cleansed throughout the term hereby granted the Demised Premises and all fixtures and fittings therein and all additions thereto and whenever necessary (except in the case of insured risks) to rebuild and 20

21 reinstate and replace the Demised Premises and every part thereof including all doors and door frames floors and ceilings and all ventilators sewers drains pipes wires cables and conduits and other services and conducting media and any other things installed for the purpose of supplying air water gas electricity or other illuminant or source of power or for the purpose of draining away water and soil and for allowing the escape of steam or deleterious matter from the Demised Premises insofar as pipes wires ducts or other things are solely installed or used only for the purposes of the Demised Premises (excluding installations for the supply of heat and hot water but including all walls windows boards and skirtings save that in the case of all exterior walls and all walls dividing the Demised Premises from other flats and the common halls staircases passages and landings in the Block the obligations of the Lessee under this clause shall be limited to keeping the interior plaster work and decorations of such walls windows boards and skirtings in such repair and condition as aforesaid) You must keep your property and all fixtures and fittings clean and in good condition as well as carry out all necessary repairs. If something happens, which is not covered by the buildings insurance, that destroys part of your property, you are responsible for re-instating it. 5. To paint the interior of the Demised Premises with two coats at least of best quality paint and well and sufficiently paper and plaster the interior of the Demised Premises and all additions and improvements thereto as are usually or ought to be painted papered and plastered and generally to decorate and redecorate the Demised Premises in every sixth year of the term hereby granted and in the last year or sooner determination of the term hereby granted Once every six years and in the last year of your lease you must redecorate your property by painting, papering and plastering where necessary. 6. To permit the Lessor with or without workmen and all other persons authorised by it at reasonable times and upon reasonable notice (except in emergency) during the term hereby granted to enter upon and view and examine the condition of the Demised Premises and prepare a schedule of all landlord's fixtures and fittings therein and for any other purpose and of all defects and wants of repair on any such view found the Lessor may thereupon serve the Lessee with notice in writing specifying any repair necessary to be done and for which the Lessee is liable under the covenants in that behalf herein contained and requiring the Lessee forthwith to execute the same and if the Lessee shall not within three months after service of such notice or sooner if requisite proceed diligently with the execution of such repairs to permit the Lessor and all persons authorised by it to enter upon the 21

22 Demised Premises with any requisite appliances and execute such repairs and the cost thereof shall be paid to the Lessor by the Lessee and be forthwith recoverable by action as if it were rent in arrear You must allow our employees and contractors into your home at any reasonable time to inspect the condition of your home and carry out repairs. We must give you reasonable notice (except in an emergency) of when they want to come in. If any repairs are needed which are your responsibility, we must tell you in writing what you have to put right and give you up to three months to do the work. If you do not do the work to a satisfactory standard within the three months, we can come in and do the work and charge you the cost. 7. Upon receipt of reasonable notice (except in case of emergency) to permit the respective owners or duly authorised agents of the other flats to have access to and enter upon the Demised Premises as often as it may be reasonably necessary for them to do so in fulfilment of their respective obligations under any covenants relating to any other flat and similar to those herein contained You must allow owners of other flats or people nominated by them access to your property if access is necessary for them to comply with their obligations under their lease agreement (such as carrying out repairs) They must give you reasonable notice (except in an emergency) of when they want to come in. 8. Within the time limited by law or by notice requiring the same to be done or if no such time is limited within a reasonable time to carry out all sanitary works and all other works whatsoever which a public authority (including the Lessor or any other competent authority) may lawfully require to be carried out on or in connection with the Demised Premises (whether by the Landlord tenant owner or occupier) all such works to be done to the satisfaction of the Lessor or its agents in all respects and to pay or cause to be paid all fees lawfully payable to any surveyor or other officer employed by the public authority and all other fees and payments properly claimed by any such authority and also the proper and usual fees and charges of the Lessor or its agents for work done by the Lessor or its agents in preparing or approving plans or in supervising the execution of any of the work or otherwise in connection with the Demised Premises or as may thereafter be required hereunder and will forthwith deliver to the Lessor two copies of any such notice order requisition direction or other thing which may be capable of adversely affecting the Lessor's interest herein or reversionary interests in the Demised Premises You must carry out any essential work needed to a standard we find satisfactory. 22

23 The work must be carried out within a reasonable time or within the timeframe allowed either by law or stated on any legal notice you receive. You are liable for any fees associated with the work which has to be carried out. You must also give us 2 copies of any notice you receive. 9. Not at any time during the said term to assign part only of the Demised Premises You are not allowed to split possession of your property i.e. assign (or transfer) part of your property to someone else. You are allowed to assign the whole of your property. 10. Within twenty-one days after every assignment transfer underletting vesting deed assent charge mortgage or devolution of the Demised Premises or on the grant of Probate of the Lessee's Will or on the grant of Letters of Administration to his Estate to produce the original or a certified copy of the same to the Lessor's Solicitor for registration and to pay to the Lessor's Solicitor the reasonable costs of registration but not less than a fee of THIRTY POUNDS ( 30.00) in respect of each document so registered Anyone buying or inheriting this lease must give us a copy of the deed of assignment within 3 weeks of the transfer so that we can register their ownership to the deeds. The same applies to anyone gaining title of the lease by a court order or by letters of probate. The new owner must pay a registration fee of at least In the event of the Lessor contemplating selling or granting a lease of the reversion expectant hereon to permit on reasonable notice being given any prospective purchaser or lessee or their respective agents to enter upon the Demised Premises to view the same You must allow prospective purchasers to view your property when your lease is coming to an end. You will be given reasonable notice of this. 12. (i) Not to carry on or permit to be carried on upon in over or under the Demised Premises any development within the meaning of the Town and Country Planning Act 1990 (as amended) nor to apply for or knowingly permit any application for permission under the Act to carry out any such development 23

24 Certain changes made to properties have to have planning permission. These can include structural alterations or the change of use of a property (i.e. from residential to business). You must not make any of these changes or apply for planning permission to make these changes without getting our permission first. (ii) Not to do or permit or suffer to be done any act matter or thing on or in respect of the Demised Premises or any part thereof which may contravene any provision of the said Town and Country Planning Act 1990 (as amended) and to keep the Lessor indemnified against all costs claims demands and liabilities in respect thereof You cannot make alterations to the property that do not comply with planning regulations. You are liable for any costs resulting from breaches of the regulations. (iii) Within seven days after the receipt of the same to give full particulars to the Lessor of any notice or proposal for a notice or order or proposal for an order given issued or made to or on the Lessee by the Planning Authority under the said Town and Country Planning Act 1990 (as amended) and if so required by the Lessor to produce such notice or proposal to it and without delay to take all reasonable and necessary steps to comply with any such notice or proposal and if the Lessor is not the Local Planning Authority at the request of the Lessor but at the cost of the Lessee to make or join with the Lessor or any other person the Lessor shall direct in making such objection or representation against or in respect of any such notice order or proposal as the Lessor shall deem expedient You must tell us immediately if you receive a notice from any public authority about the property and you must do whatever is required in the notice unless we object to it. If we do object to it you must help us appeal against the notice. Any of the two actions taken will be at your own expense. 12. Not to permit any owner or occupier of any adjoining or adjacent premises to acquire any right of light or airway water drainage or other easement over the Demised Premises or the Block but forthwith to inform the Lessor of any act or thing coming to the knowledge of the Lessee which might result in the acquisition of any right or easement over the Demised Premises or the Block and to do all acts and things which may be necessary or expedient for the acquisition of any such right or easement You must not allow anyone to gain any rights over your property or the block and if 24