BQM FACT SHEET SUBLETTING 21 OCTOBER 2013 Background and general policy There are two Freeholders in Bow Quarter, Little Apple Holdings Ltd, who own the Factory buildings and the perimeter of the estate, and Abacus Land 1 (PropCo 2) Ltd, who own the Park buildings. Both companies are committed to maintaining Bow Quarter s reputation as one of the most desirable addresses in east London. They are proud of the safe and harmonious living environment that exists on the estate and the many services offered to residents. Both companies are eager to protect the character of the estate and believe it is in the interests of all residents that the population of the estate is stable and not excessively transitory. Because of this, neither landlord will permit leaseholders to sublet their property for periods of less than three months; all lettings will be subject to published terms and conditions. 1. Landlords, tenants and leaseholders To avoid confusion, when used in this Fact Sheet the terms Landlord and Tenant mean the parties to an underletting or tenancy of a property on the Estate. The owner of the long lease will be described as the leaseholder. 2. Role of BQM Ltd in the letting consent process Little Apple Holdings Ltd has appointed BQM Ltd to manage the letting consent process on their behalf. Abacus Land 1 (PropCo 2) Ltd has appointed Houston Lawrence Ltd to manage the letting consent process on their behalf. Houston Lawrence Ltd has in turn delegated this process to BQM Ltd. 3. Requirement for the freeholder s consent to the letting of a property The lease of your flat in The Bow Quarter requires you to obtain the Freeholder s consent for any underletting of your flat. It goes on to say that such consent will not be unreasonably withheld if the Tenant has previously covenanted directly with the freeholder to comply with the terms of the lease. The term underletting refers to any tenancies that are granted but, for pragmatic reasons, the Freeholders draw a distinction between assured shorthold tenancies of less
than twenty four months (where the Tenants will not be required to enter in to such a Deed of Covenant) and longer tenancies. The vast majority of tenancies in Bow Quarter are short term. 4. How do you apply for consent? Complete and return to the Bow Quarter Estate office the Application to let Property attached to this sheet. 5. Specific conditions which must be met before consent to an underletting will be granted These are as follows: 5.1 The underletting should be by way of an assured shorthold tenancy to private individuals. This precludes lettings to housing associations or charitable bodies. 5.2 The Landlord must insert into the tenancy agreement a clause in the following terms:- The Tenant has been provided with copies of all the regulations which apply to the owners and occupiers of properties in the Bow Quarter Estate including the attached Rules and covenants to comply with those regulations throughout their occupation of the property pursuant to this Tenancy. A copy of the Rules referred to are set out at the end of this Fact Sheet. 5.3 Where the underletting is for an initial term of more than 24 months the Tenant must also enter in to a Deed of Covenant with the Freeholder (as required by the lease) and pay its costs for doing so. This would be in similar form to the Deed which buyers of flats in the Estate must enter into and would be dealt with by the Freeholders respective solicitors. Notice of longer term underlettings must also be served in accordance with the terms of the lease. 5.4 A copy of the tenancy agreement must be passed to the BQM office before the tenancy begins. 6. General terms and conditions that apply to all letting requests 6.1 Prior to granting permission to sub-let, confirmation will be required that all service charges and ground rents are paid up to date. This will be provided by Rendall & Rittner Ltd in respect of the Factory buildings and by Houston Lawrence Ltd in respect of the Park buildings.
6.2 It is also a requirement that no previous tenant of yours has been in breach of the covenants, rules and regulations imposed on the estate. 6.3 You must advise BQM Ltd whether you will be managing the property yourself or whether you have delegated this to agents. If the latter, full contact details for the agents must be provided. 7. Consent Subject to the above, the Landlord s consent will be given by way of letter. If you sublet without landlord s consent you would be in breach of your lease and the lease would be liable to forfeiture. If you have previously granted a tenancy of your flat without first obtaining the Landlord s consent, then the Landlord may be willing to grant it retrospectively, subject to compliance with the above conditions. In the event of any breach of the covenants, rules and regulations imposed on the estate, permission to sublet may be withdrawn. 8. Additional Guidance Access to your flat may required if there is an emergency. Please therefore consider the following: Spare keys to the flat should be left with the Security Lodge Ensure you regularly check that the contact details we have for you are up-to-date Ensure your tenants regularly check that the contact details we have for them are up-to-date Insurance please consider the following: We strongly advise owners to ensure that that they have contents insurance and third party cover for any damage caused by water leakage. We strongly advise owners/managing agents to take out an insurance policy that covers loss of rental income should any damage occur to their property. Please note: loss of income cannot be claimed through the landlord s insurance although we may be able to claim for alternative accommodation. How to help your tenants enjoy the Bow Quarter: Ensure your tenants are given a copy of the Welcome to Bow Quarter document.
When you show prospective tenants around The Bow Quarter, please make sure you show them the chute rooms (Manhattan & Lexington), tell them how to use the chutes properly and where the bin/refuse stores are for the relevant building. If the property you are letting does not have a washing machine, please show tenants where the washing machine rooms are in Manhattan and tell them how to obtain tokens. Tenants will only be allowed to join the Leisure Centre after they have shown proof of their tenancy to the Estate Office and BQM Ltd have been able to confirm all service charge and ground rent payments are up-to-date. It is recommended that your tenants should each be supplied with the following keys: o Full set of flat front door keys o Gate entry fob o Main door key (Park Buildings) o Mail Box Key These should form part of the inventory and you must ensure that they are handed back at the end of each letting, especially the gate fob. Please note that fobs are tied into the flat and are not transferable. If a fob goes missing the Estate Office MUST be notified immediately as they are part of the security system. If the property let includes a car parking space please ensure your tenant/s are supplied with the following: o Car Park entry swipe card o Hanging Car Park Permit Again, permit and swipe cards should form part of the inventory and must be handed back at the end of the tenancy. Please note that proximity readers are tied into the bay/flat and are not transferable. If a card goes missing the Estate Office MUST be notified immediately as the swipe cards are part of the security system. Car Park Swipe Cards, Gate Entry Fobs and Hanging Permits - please note the following: o Damaged/faulty cards/fobs/permits are replaced free of charge o Lost or additional cards/permits are charged at the standard rate.
Rules and Regulations The main regulations (in no particular order) associated with the terms and covenants within leases at Bow Quarter are shown below. Whilst it is not exhaustive it aims to highlight those regulations that are for common sense and common good. Equally residents should be aware of their legal responsibilities as some regulations can carry the sanction of legal action if not complied with. Not to do or permit or suffer to be done in your property or block or communal grounds anything which may cause damage or inconvenience or be or become a nuisance or annoyance to anybody To obtain Landlord consent prior to undertaking any alterations to your property To obtain Landlord consent prior to laying wooden floors Not to sublet a property without obtaining written consent from your landlord To abide by the rules of the Leisure Centre To use the property as a private residential dwelling only Ensure all water taps and appliances are fully off prior to leaving your property for long periods e.g. holiday Not to undertake decoration/repair works to property out of hours i.e. only permitted between 08.30-17.30 Monday-Friday Not to permit any contractor working on your property to store materials or work from common areas and to ensure any mess is cleared up immediately Not to permit your contractor to dump any rubbish in communal bin stores they must remove it at the end of the day Not to litter the grounds or communal areas (take your rubbish home with you) Not to leave bulky items in the bin stores for disposal by estate staff (residents should make use of the free services offered by Tower Hamlets council) Only to move in or out of property between 08.30 17.30 Monday Friday Not to leave bicycles or any other items in corridors/common areas Not to leave bicycles in the grounds other than underground car parks/designated bicycle racks Not to ride bicycles within estate grounds Children should be supervised at all times when on the estate Not to permit children to run or play in entrance halls and corridors Not to play ball games within the estate grounds Not to hang or throw any items from windows or balconies Not to place window boxes or flower pots on external window sills Not to play televisions, radios, musical instruments etc at high volume
Not to smoke in any communal internal areas including car parks and stair wells In the event of an emergency to always call the emergency services prior to contacting onsite security Not to use lifts in the event of a fire Gas canisters for appliances such as patio heater/barbeques are not permitted Barbeques are not permitted on the estate grounds To adhere to all parking regulations the estate operates a Permit Parking Scheme Car Parking spaces must not be let to anyone not living at Bow Quarter Not to transfer fobs and proximity cards (these are property related) Not to display notices around the estate other than on designated notice boards
APPLICATION TO LET PROPERTY BOW QUARTER PROPERTY ADDRESS LEASEHOLDER INFORMATION LEASEHOLDER 1 LEASEHOLDER 2 NAME NAME ADDRESS WHERE YOU ARE LIVING * TELEPHONE NO S H W M E-MAIL ADDRESS ADDRESS WHERE YOU ARE LIVING * TELEPHONE NO S H W M E-MAIL ADDRESS * ADDRESS WHERE SERVICE CHARGE IS TO BE SENT IF DIFFERENT FROM ABOVE COMPANY NAME MANAGING AGENT DETAILS (IF NOT LEASEHOLDER) ADDRESS TELEPHONE NUMBERS OFFICE FAX E-MAIL
APPLICATION TO LET PROPERTY CONTINUED BOW QUARTER PROPERTY ADDRESS TENANT NAME LETTING INFORMATION CONTACT NUMBER 1 1 2 2 3 3 4 4 5 5 TENANCY START DATE TENANCY END DATE IS A COPY OF THE TENANCY AGREEMENT ATTACHED FORMAL CONSENT CANNOT BE PROVIDED UNTIL THE TENANCY AGREEMENT HAS BEEN PROVIDED IS THE PROPERTY BEING LET BY THE LEASEHOLDER IS THE PROPERTY BEING LET BY AN AGENT (IF YES COMPLETE SECTION ON PAGE 1)* IS THE PROPERTY BEING MANAGED BY THE LEASEHOLDER IS THE PROPERTY BEING MANAGED BY AN AGENT (IF YES COMPLETE SECTION ON PAGE 1)* DATE OF APPLICATION SIGNATURE OF LEASEHOLDER 1 SIGNATURE OF LEASEHOLDER 2