THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 17 CONVEYANCING * CASE STUDY MATERIALS

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1 June 2017 Level 6 CONVEYANCING Subject Code L6-17 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 17 CONVEYANCING * CASE STUDY MATERIALS Information for Candidates on Using the Case Study Materials This document contains the case study materials for your examination. In the examination, you will be presented with a set of questions which will relate to these case study materials. You will be required to answer all the questions on the examination paper. You should familiarise yourself with these case study materials prior to the examination, taking time to consider the themes raised in the materials. You should take the opportunity to discuss these materials with your tutor/s either face-to-face or electronically. It is recommended that you consider the way in which your knowledge and understanding relate to these case study materials. Instructions to Candidates Before the Examination You will be provided with a clean copy of the case study materials in the examination. You are NOT permitted to take your own copy of the case study materials or any other materials including notes or textbooks except a Statute Book, where permitted, into the examination. In the examination, candidates must comply with the CILEx Examination Regulations. Turn over * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE Page 1 of 32

2 ADVANCE INSTRUCTIONS TO CANDIDATES You are a trainee lawyer in the firm of Kempstons, The Manor House, Bedford, MK42 7AB. You have just started work in the Property Department and your supervising partner is Susan Shah. Susan Shah acts for Mr and Mrs Reeve and has asked you to take over the day-to-day conduct of their matters. She has sent you the following documents: Document 1 Attendance note dated 2 May 2017 Document 2 Official Copy of the Register and Title Plan for 103 Gillibrand Street, Darwin, BB3 1EZ Document 3 Official Copy of the Register and Title Plan for (Odd) Leigh Road, Hindley, Wigan Document 4 Developer s information sheet Document 5 Extracts from an Agreement for Lease of Apartment 14 Heathlea Gardens, Hindley Green, Wigan, WN2 4UE Document 6 Document 7 Extracts from the draft lease of Apartment 14 Heathlea Gardens, Hindley Green, Wigan, WN2 4UE Standard Conditions of Sale (5th Edition) Page 2 of 32

3 DOCUMENT 1 ATTENDANCE NOTE Date: 2 May 2017 Time engaged: Attending: Clients full names: Address: 36 minutes Susan Shah Daniel Reeve and April Reeve 103 Gillibrand Street, Darwin, BB3 1EZ Telephone numbers: Details of purchase (mobile) Property: Seller: Seller s lawyers: Apartment 14 Heathlea Gardens, Hindley Green, Wigan, WN2 4UE Heathlea Construction Limited Estates LLP, 30 The Mount, Salford, M3 6DD (Harry Kemp) Purchase price: 140, Contents: Mortgage: Survey: All carpets and curtains to be included in the price. Application to NatWest Bank plc for a 95, loan. We are instructed to act on their behalf N/A as new build. Completion date: Probably end of September 2017 Linked transaction: Finance: Costs, etc.: Sale of 103 Gillibrand Street, Darwin, BB3 1EZ Clients will revert Fixed fee quoted of 750 plus VAT and disbursements. Client care, ID and complaints procedure dealt with and an appropriate engagement letter sent. [Note to candidates: not supplied.] Turn over Page 3 of 32

4 Other matters: The clients are purchasing a second-floor apartment from the developer. The developer has informed the clients that Apartment 14 should be ready for occupation by the end of September The clients have viewed a show apartment. The purchase price is 140, plus 5,000 for upgraded bathroom fitments and additional tiling and 3,000 for extra kitchen cupboards and granite worksurfaces. Details of sale Property to be sold: 103 Gillibrand Street, Darwin, BB3 1EZ Sale price: 68,500 Fixtures and fittings: Purchasers: Purchasers lawyer: Mortgage: Costs: Other matters: Action taken: All carpets and curtains included in the purchase price. Simon and Zara Ingram both of 55 Dulwich Close, Burnley, BB11 9SA Jones, Gregson & Sons, 99 Lower High Road, Burnley, BB12 6FT (Rachael Heart acting) Not mortgaged Fixed fee quoted of 450 plus VAT and disbursements The estate agents have informed me that the buyers have just received an offer for their property Initial correspondence sent to buyers lawyers informing them that we will be following the Law Society Conveyancing Protocol and asking them to confirm their instructions. Page 4 of 32

5 DOCUMENT 2 Land Registry Official copy of register of title Title number LA Edition date This official copy shows the entries subsisting on the register on 01 May 2017 at 13:56:22. This date must be quoted as the search from date in any official search application based on this copy. The date at the beginning of an entry is the date on which the entry was made in the register. Issued on 01 May 2017 at 13:56:22. Under s.67 of the Land Registration Act 2002 this copy is admissible in evidence to the same extent as the original. This title is dealt with by Land Registry, Fylde Office. A: Property Register This register describes the land and estate comprised in the title. BLACKBURN WITH DARWIN 1 ( ) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being 103 Gillibrand Street, Darwin (BB3 1EZ). 2 ( ) The property is subject to the following reservation contained in a Conveyance of the land in this title dated 1 May 1882 referred to in the Charges Register: There is excepted and reserved out of the land in this title the right to all mines and minerals together with the right to work get and carry away the same but only by underground operations. 3 ( ) The Conveyance dated 1 May 1882 referred to in the Charges Register contains a provision as to boundary structures. Note: Copy filed. Page 5 of 32 Turn over

6 Title number LA B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 ( ) PROPRIETOR: Daniel Reeve and April Browne both of 103 Gillibrand Street, Darwin (BB3 1EZ). 2 ( ) The price stated to have been paid on the 12 October 2008 was 40, ( ) The transfer to the Proprietors contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof. 4 ( ) RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court. C: Charges Register This register contains any charges and other matters that affect the land. 1 ( ) A Conveyance of the land in this title dated 1 May 1882 and made between (1) Lloyd Jennings and (2) Winston Shaw contains the following covenants: The Transferee covenants with the Transferor that he and his successors in title to the intent that the burden of the covenant will run with and bind the Property and every part of it and that the benefit of the covenant will be annexed to and run with the Transferor s retained land and every part of it to observe and perform the stipulations set out below: 1. Not to do or allow to be done on the Property anything which may be or grow to be a nuisance or annoyance to the Transferor or his successors in title who are the owners for the time being of the Transferor s retained land. 2. Not to carry on any trade, business or profession on the Property or any part of it. End of register Page 6 of 32

7 Land Registry Official Copy of Title plan Title number LA Ordinance Survey map reference SD6823F Scale 1:1250 Administrative area Lancashire : Blackburn [Note to Candidates: assume this is a colour copy of the Title Plan and the area bounded by the thick black line is the area edged in red.] Turn over Page 7 of 32

8 DOCUMENT 3 Land Registry Official copy of register of title Title number GM Edition date This official copy shows the entries subsisting on the register on 01 May 2017 at 13:58:08. This date must be quoted as the search from date in any official search application based on this copy. The date at the beginning of an entry is the date on which the entry was made in the register. Issued on 01 May 2017 at 13:58:08. Under s.67 of the Land Registration Act 2002 this copy is admissible in evidence to the same extent as the original. This title is dealt with by Land Registry, Fylde Office. A: Property Register This register describes the land and estate comprised in the title. GREATER MANCHESTER : WIGAN ) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being (Odd) Leigh Road, land lying to the South of Heathlea and the bowling green lying to the east of Leigh Road, Hindley, Wigan. B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 ( ) PROPRIETOR: Heathlea Construction Limited (Co. Regn. No ) of 600 Leigh Road, Wigan, Lancs, WN7 6ZL. 2 ( ) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by RBS (Co. Regn. SC90312) of Royal Bank House, Cartsdyke Avenue, Cartsburn East, Greenock PA15 1EF. C: Charges Register This register contains any charges and other matters that affect the land. 1 ( ) The land is subject to such easements as affect the same by virtue of s.15 (1) (b), Endowments and Glebe Measure 1976 Page 8 of 32

9 Title number GM ( ) A Transfer of the land in this title dated 16 June 2012 made between (1) Manchester Diocesan Board of Finance and (2) Heathlea Construction Limited contains restrictive covenants. Note: Copy filed. 3 ( ) Until the 28 March 2887 the land hatched pink on the title plan is subject to such liability (if any) as may affect it by reason of the following restrictive covenants contained in a transfer dated 28 March 2011 made between (1) Punch Pub Company (VPR) Limited (Transferors) and (2) Heathlea Construction Limited (Transferees):- 1. For the benefit and protection of the whole and each and every part of the Transferors Properties and (so far as possible) all other licensed premises of the Transferor within a radius of one mile from the Property or any part of it and so as to bind the whole and each and every part of the Property in to whose ever hands the same may come. The Transferee for itself and its successors in title covenants with the Transferor not at anytime to use or permit or suffer the whole or any part of the Property to be used as a public house restaurant or wine bar or for the manufacturing distribution storage sale or supply of intoxicating liquors of any description whatsoever or as a club (whether proprietary or members) at which intoxicating liquor is sold or consumed. For the purposes of clause 1 and the covenants from the Transferee therein contained the definition of the Transferor shall include any associated subsidiary or holding company of the Transferor or any other subsidiary of the Transferors holding company (as those terms are defined by section 736 of the Companies Act 1985 as amended by section 144 of the Companies Act 1989) as shall have entered directly into any of the covenants conditions or obligations to which the aforesaid clauses and covenants relate and the benefit of the covenants from the Transferee shall extend to them jointly and severally 4 ( ) REGISTERED CHARGE dated 16 June Turn over Page 9 of 32

10 Title number GM ( ) Proprietor: RBS (Co. Regn. SC90312) of Royal Bank House, Cartsdyke Avenue, Cartsburn East, Greenock PA15 1EF. 6 ( ) The parts of the land affected thereby are subject to the rights granted by a Deed of Grant dated 25 July 2014 made between (1) Heathlea Construction Limited and (2) United Utilities Electricity Plc. Note: Copy filed. End of register Page 10 of 32

11 Land Registry Official Copy of Title plan Title number GM Ordinance Survey map reference SD6402NW Scale 1:1250 Administrative area Greater Manchester : Wigan [Note to Candidates: assume this is a colour copy of the Title Plan; the area bounded by the thick black line is the area edged in red and the area hatched black is the area hatched pink] Turn over Page 11 of 32

12 DOCUMENT 4 Developer s Information Sheet The Estate : Heathlea Gardens, Wigan, Manchester The Developer : Heathlea Construction Limited The Property : Apartment 14 General No keys will be handed over to the purchasers until the balance of purchase monies have been paid to the Developer s Lawyer. Prior to completion, the Developer will allow the purchasers to inspect the property under the supervision of their site representative. The Developer has the power to buy and sell and deal with land under the objects contained in its Memorandum of Association. The Memorandum and Articles of Association will not be produced and the purchasers should make their own searches and enquiries if they require verification. The Developer is not aware of any annual or periodic charges (apart from those imposed by local and water authorities) other than those revealed by the official copies. The Developer is not aware of any adverse notices having been served in connection with the estate apart from the usual notices relating to the estate or those revealed by searches made or documentation supplied. The Developer is not aware of any liability for the repair or maintenance of anything used in common by an owner or occupier of a property on the estate and an owner or occupier not on the estate other than that referred to in the documentation supplied. The Developer is not aware of any fixtures, fittings, appliances or other things affixed to a property, included with a property or intended to be left on a property which does not belong to the Developer save for the usual service conduits and meters belonging to statutory undertakers. The appropriate NHBC documentation will be provided to the purchaser s lawyers following unconditional exchange of contracts. Boundaries All fences or other boundary treatment erected by the Developer on the perimeter of the estate will be the responsibility of and maintained by the management company. Disputes The Developer is not aware of any current disputes which could materially affect the property. Adverse rights Other than as may have been disclosed by the documents supplied, the Developer is not aware of any such rights exercisable over the estate which could materially affect the property by virtue of any easement, licence or otherwise but the purchasers will take subject to such as may subsist. Page 12 of 32

13 Planning The purchaser s lawyers have been or will be supplied with a copy of the current planning permission relating to the property. Any conditions attached have been or will be complied with. No further information or evidence will be supplied. Building regulations approval has been or will be granted and a copy has been or will be supplied. The Developer will remain responsible for obtaining any outstanding approval. The Developer s lawyers have ascertained that the estate is not registered in either the Register of Common Land or the Register of Town and Village Greens maintained under the Commons Registration Act The Agreement for Lease The Agreement for Lease is in a standard form and no amendments will be permitted. The Lease The Lease is in a standard form and no amendments will be permitted. Services The properties on the estate are served by separate foul and surface water sewers or a combined system and on a grouped basis. Sewers will connect into existing adopted sewers or watercourses. The Developer will negotiate with the relevant authority to arrange for the adoption of the main sewers on the estate. A copy of the sewer agreement will be provided for inspection. Until such time as the sewers are adopted, the purchaser will have rights to use the sewers which serve the property for the passage of foul and surface water. The Developer reserves a right to enter the property to maintain and repair the sewers during this time. The property has/will have the benefit of all mains services from mains laid within the estate. The Developer will pay all charges for construction and connection of the drainage system and services. Roads The Developer will bear the cost of constructing the estate roads to adoptable standard, following which the management company will be responsible for the maintenance and repair of these. This information sheet (together with any additional information supplied) is for the assistance of the purchaser s lawyers and so far as the Developer s lawyers are aware is correct at the time of preparation. However, purchasers must make and rely upon their own inspection and on searches and enquiries of appropriate bodies. Turn over Page 13 of 32

14 DOCUMENT 5 Extracts from an Agreement for Lease THIS AGREEMENT is made the day of 2017 BETWEEN Heathlea Construction Limited (Co. Regn. No ) of 600 Leigh Road, Wigan, Lancs, WN7 6ZL ( the Developer ) of the one part and Daniel Reeve and April Reeve both of 103 Gillibrand Street, Darwin, BB3 1EZ ( the Purchaser ) of the other part AND incorporates the Standard Conditions of Sale (Fifth Edition) unless otherwise stated WHEREBY IT IS AGREED as follows:- In this agreement the following words expressions and descriptions shall have the following meanings:- The Property The Lease The Purchase Price the property described in the Lease the lease attached to this agreement The Purchase Price (including the extras) 148,000 The Deposit 14,000 The Document and Plan Fee The Council The Developer s Lawyers 300 plus VAT the National House Building Council (NHBC) the lawyers instructed by the Developer to deal with the sale of the estate properties 1. The Developer will grant a lease to the Purchaser by way of a Lease in the form of the attached Lease. 11. The Purchaser shall pay the Deposit to the Developer s Lawyers as agents for the Developer on the signing of this agreement. 12. Following the completion of the Property the Developer shall arrange for a final inspection of the dwelling by the Council. The Developer s Lawyers shall provide to the Purchaser s lawyers as soon as reasonably practicable a cover note issued by the Council ( the Cover Note ) confirming that the dwelling has received a satisfactory final inspection and that the new home warranty will be in place on or before the Completion Date (as defined in Clause 14 below). Page 14 of 32

15 13. The Purchaser s lawyers will submit the Certificate of Title to the relevant mortgage lender within two working days of receipt of the Cover Note and will use their best endeavours to comply with any additional requirements of the mortgage lender without delay. 14. The Purchaser shall pay the balance of the Purchase Price together with all other monies due to the Developer (including the Document and Plan Fee) within ten working days of receipt of the Cover Note ( the Completion Date ). 15. The Purchaser shall not be entitled to delay completion beyond the Completion Date or to withhold any payment notwithstanding the noncompletion of items of a minor nature which would not prevent the Purchaser taking occupation and residing in the Property. The Developer will use all reasonable endeavours to complete any such outstanding items with reasonable dispatch. 18. The Lease attached to this agreement shall be deemed to be incorporated in it as if set out in full. The Property is sold subject to all easements rights privileges covenants conditions provisions agreements and declarations (if any) contained mentioned or referred to in the Lease and the Freehold Title but with the benefit of the rights and other matters (if any) granted by or referred to in the said Lease. 27. The Developer is registered with the Council and shall supply the appropriate NHBC documentation to the Purchaser s solicitor on unconditional exchange of this agreement. 28. The Developer will bear the cost of constructing the roadway as defined in the Lease to adoptable standard. Signed on behalf of the Developer Signed on behalf of the Purchaser Turn over Page 15 of 32

16 DOCUMENT 6 Extracts from the draft lease for Apartment 14 Heathlea Gardens [Note to candidates: this document contains extracts from the draft lease for Apartment 14 Heathlea Gardens. Please assume that any deleted paragraphs and sections are actually within the draft lease and are correct.] [Note to candidates: please assume that this draft lease contains the prescribed clauses and that these are correct.] LAND REGISTRY LAND REGISTRATION ACT 2002 LEASE County and District : Greater Manchester: Wigan Title No : GM Property : Apartment 14 Heathlea Gardens THIS LEASE is made the day of 2017 BETWEEN : (1) Heathlea Construction Limited (Co. Regn. No ) of 600 Leigh Road, Wigan, Lancs, WN7 6ZL (hereinafter called the Lessor ); (2) HEATHLEA MANAGEMENT LIMITED (Company Number ) of 600 Leigh Road, Wigan, Lancs, WN7 6ZL (hereinafter called the Management Company ); and (3) [ ] of [ ] (hereinafter called the Lessee ) 1. DEFINITIONS In this Lease the following expressions shall have the following meanings: 1.1 the Building means the building shown on Plan Number the Property means Apartment 14 Heathlea Gardens, Hindley Green, Wigan, WN2 4UE more particularly described in the First Schedule hereto 1.3 the Term means the term of One Hundred and Twenty Five years from 1 September 2017 Page 16 of 32

17 1.4 Rent means the sum of 195 per annum subject to the review provisions provided in the Seventh Schedule hereto 1.5 Plan Number 1 means the plan annexed hereto marked Plan Plan Number 2 means the plan annexed hereto marked Plan the Development means the Lessor s development at Heathlea shown edged green on Plan Number the Roadway means the roadway shown hatched brown on Plan Number the Designated Parking Space means such of the Parking Space as is shown shaded yellow on Plan Number the Visitor Parking Spaces means such of the Parking Spaces as are shown shaded orange on Plan Number the Footpaths means the footpaths shaded blue on Plan Number the Landscaped Areas means the areas shown shaded green on Plan Number the Bin Store means the bin store hatched black on Plan Number the Maintained Property means the Roadway, the Footpaths, the Parking Spaces, the Landscaped Areas, the Walls, the Bin Store, the Gates, the Drying Area, the Street Lighting, the Service Installations, the Retained Parts and any other items the maintenance of which is the responsibility of the Management Company 1.17 the Service Installations means tanks pipes drains ducts conduits watercourses wires cables channels flues and all other conducting media including and with fixings louvres cowls and other covers 1.18 the Dwellings means the Property and other residential apartments intended for residential use comprised in the Building Turn over Page 17 of 32

18 1.19 the Retained Parts means those parts of the Building including the Service Installations, apparatus plant machinery and equipment not included nor intended to be included in this demise or a demise of any other part of the Building by a lease in a form similar to this Lease including but not being restricted to the main walls roof and foundations of the Building 1.21 the Service Charge means the contributions equal to the Lessee s Proportion of the Service Charge expenditure described in the Fourth Schedule 1.22 the Lessee s Proportion means 7.16% of the Service Charge expenditure in relation to all other matters described in clause 7 and the Fourth Schedule 2. INTERPRETATION Where in this Lease the context so admits: 3. RECITALS 4. WITNESSES 4.1 In consideration of the sum of [ ] now paid by the Lessee to the Lessor (the receipt of which the Lessor acknowledges) and of the Rent and the covenants on the part of the Lessee the Lessor DEMISES unto the Lessee the Property TOGETHER WITH the rights set out in the Second Schedule which rights are subject to and conditional upon the Lessee paying the Service Charge as provided in this Lease EXCEPTING AND RESERVING unto the Lessor the rights set out in the Third Schedule TO HOLD the Property unto the Lessee for the Term paying during the Term the Rent 4.2 This Lease is made with no title guarantee 5. THE LESSEE COVENANTS with the Lessor: to pay the Rent and other money payable to the Lessor at the times and in the manner provided without any deduction whatsoever 6. THE LESSEE with the intent to bind the Property and any person who may be for the time being the owner of an estate in or the occupier of the Property or any part Page 18 of 32

19 thereof COVENANTS with the Lessor and the Management Company and as a separate covenant with each of the Lessees for the time being of the Dwellings (all of whom the Lessor the Management Company and the Lessees are in this clause collectively called the Covenantees ) for the benefit of the property respectively vested in the Covenantees and each and every part 6.1 to pay contributions by way of Service Charge to the Management Company equal to the Lessee s Proportion of the amount which the Management Company may from time to time expend and as may reasonably be required on account of anticipated expenditure on rates services repairs maintenance or insurance being and including expenditure described in the Second Schedule AND to pay the Service Charge not later than 28 days of being demanded, the contributions being due on demand and if so required in writing by the Management Company or the Lessor to pay the Service Charge by banker s order to a bank or other financial institution account nominated by the Management Company or the Lessor as the case may be at such intervals as the Lessor or Management Company shall direct being nor more frequently than monthly 6.2 to observe the regulations set out in the Fifth Schedule 6.5 to keep the Property and all additions in good and tenantable repair and decorative condition (but not to decorate any part of the exterior of the Property including the exterior of external doors and windows of the Property) and forthwith to replace all broken glass and to replace and renew the Lessor s fixtures and fittings which materially reach the end of their useful life the replacement or renewal to be suitable and at least of equal or similar quality 6.14 to use and occupy the Property as a private dwelling in a single household or family occupation only and not for any other purpose Page 19 of 32 Turn over

20 6.19 within one calendar month of every transfer assignment underlease mortgage or legal charge of the Property this Lease or an underlease of the Property and also of every Grant of Probate or Letters of Administration, Order of Court or other instrument effecting or evidencing a devolution of the title of the Property this Lease or underlease being executed or operating or taking effect or purporting to operate or take effect to provide the Lessor s and the Management Company s respective lawyers with a certified copy for the purpose of registration and to pay the sum of 300 plus VAT to the Lessor and the Management Company and to the lawyers for the Lessor and the Management Company in respect of each document or instrument so produced 7. SUBJECT to the Service Charge being paid by the Lessee and to compliance by the Lessee with all covenants and obligations on the Lessee s part to be performed and observed THE MANAGEMENT COMPANY COVENANTS with the Lessee AND FURTHER COVENANTS with the Lessor: 7.2 to keep in good and substantial repair reinstate replace renew maintain and decorate the Maintained Property PROVIDED THAT the Management Company shall not be liable for a defect or want of repair decoration reinstatement replacement or renewal unless the Management Company has first had notice thereof and sufficient opportunity to remedy it nor for defects or wants of repair decoration reinstatement replacement or renewal which are subject to an obligation under the Lessee s covenants or under the covenants of the lessees of other properties 8. THE LESSOR COVENANTS with the Management Company and the Lessee (so as to bind the Lessor for the time being but not so as to render the Lessor personally liable after having transferred the Lessor s estate and interest in the Development and obtained from the person to whom the estate and interest has been transferred a covenant by separate deed with the Management Company and Page 20 of 32

21 each of the lessees for the time being of the Dwellings and for the benefit of the property respectively vested in them and each and every part to perform and observe the covenants on the Lessor s part in this clause contained the Lessor to take reasonable steps to provide the Management Company and the lessees with a copy of the deed): 8.1 that every lease or tenancy agreement of the Dwellings granted by the Lessor shall contain regulations to be observed by the Lessee thereof in similar terms as those contained in the Fifth Schedule and also covenants of a similar nature to those contained in clauses 7 and 8 of this lease and shall be in substantially the form of this Lease so far as the circumstances admit and require 8.2 that every lease or tenancy agreement of any Property on the Development granted by the Lessor which contains rights over any areas within the Development shall include provisions for the payment of a service charge in respect of such areas 8.3 that the Lessee paying the Rent and performing and observing the covenants on the part of the Lessee to be performed and observed may peaceably enjoy the Property during the Term without any lawful interruption by the Lessor or any person or persons rightfully claiming under or in trust for the Lessor 8.6 that if the Management Company fails to perform any of its obligations at the request in writing of the Lessee to the Lessor the Lessor will perform those obligations subject to payment being made by the Lessee in advance and on demand to the Lessor of an amount equal to the Service Charge which would have been paid to the Management Company on account of the performance of those obligations whether or not payment has been previously made to the Management Company 11. IF the Rent or any part of it is at any time in arrears and unpaid for 21 days after it has become due (whether formal or legal demand has been made or not) or if the Page 21 of 32 Turn over

22 Lessee at any time fails or neglects to perform or observe any of the covenants on the part of the Lessee to be performed or observed it will be lawful for the Lessor or any person duly authorised by the Lessor in that behalf after having given notice of the Lessor s intention so to do in writing to any mortgagee or chargee of the Property of whose interest the Lessor has received written notice to re-enter the Property or any part in the name of the whole whereupon the Term shall cease but without prejudice to any right of action or remedy of IN WITNESS this deed has been executed the day and year first before written Page 22 of 32

23 THE FIRST SCHEDULE the Property The Property having the number described in the Definitions and on the floor shown on Plan Number 2 and for identification only thereon edged red which premises INCLUDE: (1) all cisterns tanks and the Service Installations solely serving the Property (2) all balconies (if any) doors and doorframes within or bounding the Property and any glass fitted therein and the glass fitted in the window bounding the Property (3) one half severed vertically of any wall dividing the Property from any other property within the Building (4) the linings and surface finish including plaster and board of ceilings (including any suspended ceilings) together with the boards or other surface finish and screed of the floors which divide the Property from another part of the Estate but excluding the floor and ceilings joists beams or slabs (5) all fixtures and fittings in the Property at the date of this Lease being the Lessor s fixtures fittings and all replacements and renewals (6) the internal plastered surfaces and coverings and plaster work of the walls bounding the Property (7) the paving slabs wood flooring tiles or other finishing materials on the floor of the Balcony areas (if any) BUT EXCLUDES all parts of the structure and the roofs and foundations of the Building and the walls (other than interior linings and surface finish) which are load bearing or enclose the Property Turn over Page 23 of 32

24 THE SECOND SCHEDULE Rights Granted to the Lessee The following rights are granted to the Lessee subject to and conditionally upon the Lessee paying the Service Charge: 1. The right of way in common with the Lessor and all others entitled to the like right over and along the entrance hall passages and stairways in the Building giving access to the Property 2. The right of way on foot only over and along the Footpaths 3. Such rights of access to and entry upon the remaining parts of the Development as are necessary for the proper performance of the Lessee s obligations hereunder or for the repair decoration maintenance or inspection of the Demised Premises 4. The right in common with the Lessor and all others having the like right to use for the purpose only of obtaining access to and egress from the Building, the Visitor Parking Spaces and the Designated Parking Space (and with or without vehicles where appropriate) the Roadway subject to the Lessee leaving the same unobstructed 5. The right to use the Designated Parking Space for the parking of one private motor vehicle 6. The right at reasonable times except in the case of emergency and whenever possible on giving reasonable notice to enter any other part of the Development for the purpose of executing works of repair decoration reinstatement replacement renewal alteration addition or improvement to or upon the Property the work being done with reasonable dispatch causing as little disturbance as possible and making good any damage caused 7. The right of support and protection for the Property from all other parts of the Development 8. The free and uninterrupted right of use passage and running of soil water electricity gas and other services in common (where appropriate) with all others using them Page 24 of 32

25 from and to the Property through the cisterns tanks and Service Installations now or at any time constructed in or under any part of the Development or the Retained Parts 9. The right to use any emergency escape route in the case of an emergency 10. The right (in common) with the Lessor and the occupiers of other properties forming part of the (Development) to use the Visitor Parking Spaces each for the parking of one private motor vehicle for periods not exceeding four hours in any period of twenty-four hours 11. All other rights easements quasi-rights and quasi-easements (other than of way) as are now enjoyed by the Property in respect of any other part of the Estate Turn over Page 25 of 32

26 THE THIRD SCHEDULE Rights Excepted and Reserved to the Lessor THE FOURTH SCHEDULE The Service Charge Expenditure THE FIFTH SCHEDULE Regulations 2. No noise music or singing whether by instrument voices wireless gramophone telephone or other means nor any dancing be allowed in the Property so as to be audible outside the property between pm and 8.00 am or so as to be audible outside the Property at other times if the occupier of any other Dwelling objects 3. Not to keep any animal or reptile in the Property nor to allow any bird to cause annoyance or nuisance to any owner lessee or occupier of any other Dwelling 4. No dirt rubbish rags or other refuse may be thrown into the sinks baths lavatories cisterns or waste soil pipes in the Property 5. No clothes or other articles may be hung or exposed outside the Property 8. To ensure that any floor not covered with carpet or rugs incorporates an additional isolating barrier with suitable sound dampening qualities between the floor finish and the structure of the floor 13. Not to have access to the roof of the Building 14. To comply with regulations which the Lessor or the Management Company may from time to time make for the safety care and cleanliness of the Development and the comfort and convenience of the lessees and occupants of all the Dwellings Page 26 of 32

27 16. Not to park any caravan boat or unroadworthy vehicle on any part of the Development 17. Not to carry on any trade or business from the Property Turn over Page 27 of 32

28 THE SIXTH SCHEDULE Deed of Covenant to be completed on assignment DEED OF COVENANT GRANT OF UNDERLEASE EXECUTED as a Deed by HEATHLEA CONSTRUCTION LIMITED acting by a Director in the presence of: SEVENTH SCHEDULE Rent reserved by this Lease Witness signature... Witness name... Witness address EXECUTED as a Deed by HEATHLEA MANAGEMENT LIMITED acting by a Director in the presence of: Witness signature... Witness name... Witness address EXECUTED as a Deed by [ ] in the presence of: Witness signature... Witness name... Witness address The Chartered Institute of Legal Executives Page 28 of 32

29 CASE STUDY MATERIALS DOCUMENT 7 Standard Conditions of Sale (5th Edition) Turn over Page 29 of 32

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