LEASE. relating to. between. and [BUYER NAME]

Transcription

1 DATED 2016 LEASE relating to APARTMENT [ ], FAIRBAIRN HOUSE, ASHTON LANE, SALE M33 6WP between FUTURE ISLAND DEVELOPMENTS LIMITED and [BUYER NAME]

2 The Land Registry Land Registration Act 2002 LR1. Date of Lease LR2. Title Number(s). LR3. Parties to this Lease 2016 LR2.1 Landlord s title number(s) GM FUTURE ISLAND DEVELOPMENTS LTD (Company No ) whose registered office is at 5 The Quadrant, Coventry, West Midlands CV1 2EL (Landlord) [Buyer Name] of [Buyer Name] (Tenant) Other parties LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. The Property described in the First Schedule Part I LR5. Prescribed statements etc LR6. Term for which the Property is leased None The term as specified in this lease at the First Schedule Part I LR7. Premium [ ] LR8. Prohibitions or restrictions on disposing of this lease LR9. Rights of acquisition etc This lease contains a provision that prohibits or restricts dispositions LR9.1 Tenant s contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land None LR9.2 Tenant s covenants to (or offer to) surrender this lease None LR9.3 Landlord s contractual rights to acquire this lease None LR10. Restrictive covenants given in this lease by the Landlord in respect of land other than the Property LR11. Easements None LR11.1 Easements granted by this lease for the benefit of

3 the Property See Second Schedule LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property See Third Schedule LR12. Estate rentcharge burdening the Property LR13. Application for standard form of restriction None The Parties to this lease apply to enter the following standard form of restriction against the title of the Property: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge not being a charge registered before the entry of this restriction is to be registered without a certificate signed by the Landlord or their conveyancer that the provisions of paragraph 4 of the Fifth Schedule of the registered lease have been complied with LR14. Declaration of trust where there is more than one person comprising the Tenant The Tenant is more than one person. They are to hold the Property on trust for themselves as joint tenants The Tenant is more than one person. They are to hold the Property on trust for themselves as tenants in common in equal shares The Tenant is more than one person. They are to hold the Property on trust (complete as necessary)

4 The Land Registry Registration Act 2002 Title Number: County and District: Development Title Number(s): Property: Trafford GM Apartment [ ], Fairbairn House, Ashton Lane, Sale M33 6WP THIS LEASE is made on the day of 2016 BETWEEN 1. FUTURE ISLAND DEVELOPMENTS LTD ( the Landlord ) 2. [Buyer Name] ( the Tenant ) IN WITNESSES as follows: 1 Definitions and Interpretation In this Lease the following words expressions and phrases shall (except where the context otherwise requires) have the meanings respectively assigned to them: the Accountant the Accessways the Base Index Value the Buildings Communal Areas the Deed of Covenant the Estate means a qualified accountant or firm of accountants appointed by the Landlord from time to time means the roads corridors lifts stairways accessways and footpaths constructed or in the course of construction or to be constructed on the Estate means the Index figure published for [add month before completion of first sale ] means all the buildings forming part of the Estate within which the Property is situated and as shown on the Plan means the areas and amenities in the Estate available for use in common by the tenants and occupiers of the Buildings and all persons expressly or by implication authorised by them including where they exist the Accessways and areas of open space within the Estate and also those communal parts of the Buildings which give access to the Property and the Other Units including utility meter areas and storerooms but not limited to them and the other areas intended for use in common with the Other Units means the deed in the form contained in the Eighth Schedule hereto being part of the land comprised in title number GM as shown edged red on Plan 2, including the Buildings erected upon it known as Fairbairn House, Ashton Lane, Sale, Manchester M33 6WP comprising 80 apartments including any future extensions, alterations or 1

5 additions to it but excluding any future reduction of it the General Provisions the Granted Rights the Index the Initial Rent the Insurance Rent the Insured Risks the Interest Rate the Landlord s Covenants the Management Fee the Other Units means the provisions set out in the Seventh Schedule hereto means the rights liberties and easements set out in the Second Schedule hereto and granted to the Tenant as hereinafter provided means the All Items index figure of the Index of Retail Prices published by the Office for National Statistics or any successor ministry or department of government means the sum of per annum means the Tenant s Proportion of the cost incurred by the Landlord in complying with the provision of clause 3 of the Sixth Schedule means the risks of loss or damage by fire storm tempest earthquake lightning explosion riot civil commotion malicious damage impact by vehicles and by aircraft and aerial devices and articles dropped from aircraft or aerial devices (other than war risks), flood damage and bursting and overflowing of water pipes apparatus and tanks and such other risks, whether or not in the nature of the foregoing, as the Landlord acting reasonably from time to time decides to insure against means the rate of 4% per year above the base lending rate of Royal Bank of Scotland plc or such other bank as the Landlord from time to time nominates in writing means the covenants on the part of the Landlord set out in the Sixth Schedule hereto means the Tenant s Proportion of the costs incurred by the Landlord in complying with its covenants which amount shall be payable by the Tenant in accordance with the provisions of the Sixth Schedule means the dwellings forming part of the Estate and not comprised in this demise the Parking Space means the parking space marked [ ] on Plan 2 the Plan means the plan or plans annexed hereto, and Plan 1 and Plan 2 shall be construed accordingly the Property the Purchase Price the Rent means the property described in Part 1 of the First Schedule hereto (being part of the land comprised in the title above referred to) means the sum set out in Part 1 of the First Schedule hereto means the Initial Rent and such revised rent as is payable from time to time under this Lease in 2

6 accordance with the Ninth Schedule the Reserve Fund the Reserved Property the Reserved Rights the Review Index Value the Review Date the Revised Index the Revised Rent the Service Charge Year the Services Service Installations the Surveyor means such sum or sums as the Landlord or its agents shall from time to time consider desirable to accumulate so as to make reasonable provision against the prospective costs expenses outgoings and other matters mentioned or referred to in the Sixth Schedule means the parts of the Estate other than the Property and the Other Units means the rights liberties and easements set out in the Third Schedule hereto and reserved as hereinafter provided means the Index figure published for the calendar month preceding the relevant Review Date means the 5 year anniversary of the Term and every subsequent 5 year anniversary means such alternative index or comparable measure of price inflation as the Landlord reasonably requires or, at the Landlord s option, such adjustments to the Base Index Value or Review Index Value as the Landlord reasonably requires to take account of any change in the base figure used to calculate the Index means the figure, rounded up to the nearest ten pounds, calculated by multiplying the Rent by the fraction A/B where A = Review Index Value and B = Base Index Value means the annual accounting period relating to the Services beginning on the [add date] and each subsequent year during the Term provided that the Landlord may from time to time (but not more than once in any calendar year) change the date on which the annual accounting period starts and shall give written notice of that change to the Tenant as soon as reasonably practicable means the services to be provided by the Landlord in accordance with its obligations set out in the Sixth Schedule means ducts sewers drains channels pipes wires cables gutters watercourses data or transmission systems reception systems channels flues and other service conduits or service conducting media (and including any fixings louvres cowls covers and other ancillary apparatus) for any other services constructed or in the course of construction or to be constructed on in or under the Estate in relation to any matter arising under this Lease between the Landlord and the Tenant means an independent surveyor appointed by the Landlord and of 3

7 whose appointment notice is given to the Tenant or, if the Tenant gives notice to the Landlord within 14 days of his receiving notice of the appointment that he objects to the person so appointed, means an independent surveyor appointed on the request of either of the Landlord or the Tenant by or on behalf of the President for the time being of the Royal Institution of Chartered Surveyors the Tenant the Tenant s Covenants the Tenant s Proportion the Term includes the person or persons corporation or company for the time being entitled to the benefit of this Lease means the covenants on the part of the Tenant set out in the Fourth and Fifth Schedules hereto means a fair and reasonable proportion as determined by the Landlord means the term set out in Part 1 of the First Schedule hereto and any statutory continuation thereof 2 In this Lease unless the context otherwise requires: 2.1 Words importing the singular meaning where the context so admits include the plural meaning and vice versa 2.2 Words of the masculine gender include the feminine and neuter genders and words denoting natural persons include corporations and firms and all such words shall be construed interchangeably in that manner 2.3 The clause and paragraph headings in this Lease and the Schedules hereto are for convenience only and do not affect its interpretation 2.4 References to a statute or a provision of a statute include any statute or provision of a statute amending consolidating or replacing it for the time being in force 2.5 The Landlord has previously granted or intends to grant Leases of the Other Units and it is intended that upon the grant of every Lease by which the Landlord disposes of any of the Other Units the person becoming the Tenant of that property shall enter into a covenant for himself and his assigns with the Landlord to observe and perform in relation to that property covenants in similar terms to those set out in the Fourth Schedule hereto to the intent that the owner of any of the Other Units may enforce the observance of the said covenants against the Tenant and the Tenant may enforce the observance of the said covenants against the owners of the Other Units 2.6 Where any party to this Lease for the time being comprises two or more persons, obligations expressed or implied to be made by or with that party are deemed to be made by or with the persons comprising that party jointly and severally (this means that they will each be liable for all sums due under this lease, not just a proportionate part) 3 Demise IN CONSIDERATION of the Purchase Price paid by the Tenant to the Landlord (the receipt whereof the Landlord hereby acknowledges) and of the Rent hereinafter reserved to the Landlord and of the covenants on the part of the Tenant and conditions hereinafter contained the Landlord HEREBY DEMISES with full title guarantee unto the Tenant the Property and the Granted Rights EXCEPTING AND RESERVING unto the Landlord and all other persons entitled 4

8 thereto or authorised by the Landlord for the benefit of the Estate the Reserved Rights TO HOLD the same (except and reserved as aforesaid) unto the Tenant for the Term SUBJECT TO 3.1 the covenants and conditions hereinafter contained 3.2 the exceptions reservations covenants and other matters (other than charges to secure money) contained or referred to in the Property and Charges Registers of the title above referred to so far as the same are still subsisting and are capable of taking effect and relate to or affect the Property 3.3 a contract for the sale and purchase of the Estate between (1) the Landlord and (2) Landmark Perennial Growth Limited Partnership which shall complete following the sale of the last apartment and which includes an option in favour of the Landlord to take a lease of the roof and airspace of the Buildings in order to develop additional floors of apartments 4 Yielding and Paying 4.1 the Rent annually in advance on January 1st and proportionately for any period less than a year the first such payment being a proportionate sum in respect of the period from and including the date of this Lease to and including the day before the day for payment of Rent next after the date of this Lease 4.2 the Insurance Rent within 14 days of demand by the Landlord 4.3 the Management Fee in accordance with the provisions of the Fifth Schedule 5 Tenant s Covenants 5.1 The Tenant hereby covenants with the Landlord and the other Tenants on the Estate to observe and perform the Tenant s Covenants 5.2 The Tenant hereby covenants with the Landlord that he will observe and perform the covenants stipulations and obligations set out in the Fifth Schedule hereto 6 Landlord s Covenants The Landlord hereby covenants with the Tenant to observe and perform the Landlord s Covenants 7 General Provisions The General Provisions in the Seventh Schedule shall be incorporated in this Lease 8 Covenants for Title 8.1 The covenant implied by Section 2(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 shall be amended by substituting the words at the disponee s cost for the words at his own cost 8.2 The covenants implied by Section 3(1) of the Law of Property (Miscellaneous Provisions) Act 1994 shall not apply to rights granted by the Landlord to other purchasers on the Estate or the Other Units which affect the Property and are in similar form to those set out in this Lease 5

9 THE FIRST SCHEDULE PART 1 THE PROPERTY 1. FIRSTLY ALL THAT ground floor unit forming part of the Buildings known as Apartment 2 and as is more particularly edged red on Plan 1 AND TOGETHER WITH the walls within the Property which are not load-bearing walls and the internal doors door frames internal staircases and skirting boards within or forming part of the Property the glass in the windows of the Property the floor coverings and the interior plaster, plasterboard tiles wallpaper and decorative finishes of the ceilings and the internal load-bearing walls within the Property and the conduits that serve the Property exclusively. 2. The Property shall exclude without limitation: 2.1 any doors door frames windows window frames or any frames or forms of glazing which are in or comprise part of the external walls of the Building, and the external walls of the Building; 2.2 any part or parts of the Building lying above the concrete soffit or below the concrete slab at floor level; 2.3. any of the foundations piles columns slabs structural steel frame main walls roof and roof space of the Building; 2.4 any Service Installations not exclusively serving the Property. The Purchase Price the sum of 108, The Term the term of 150 years from [1 st TBC 2016] The Initial Rent the sum of plus VAT (if applicable) 6

10 THE SECOND SCHEDULE THE GRANTED RIGHTS 1 Accessways A right of way for the Tenant and all persons expressly or by implication authorised by him in common with the Landlord and all other persons having a like right for all usual and reasonable purposes by day or night in connection with the use of the Property and Parking Space on foot only over and along the Accessways and Communal Areas on the Estate and with vehicles over and along such Accessways as are intended to provide vehicular access to and egress from the Buildings PROVIDED THAT the Tenant shall 1.1 cause as little inconvenience as reasonably possible to the Landlord and the other Tenants and occupiers of the Estate and 1.2 cause as little damage as reasonably possible PROVIDED FURTHER THAT such right of way may be temporarily interrupted (but as little as practicable) by the Landlord in the event that any works are required to be carried out on the Estate 2 Service Installations The full right of passage and running of water soil electricity television and radio signals and other services in and through all Service Installations used in common by Other Units and the Property or by the Property alone with the right for the Tenant and his servants agents and workmen with or without plant machinery equipment and materials to enter upon the Estate or the Other Units to inspect repair renew cleanse and maintain Service Installations PROVIDED THAT the Tenant shall 2.1 give reasonable prior notice in writing to the owner or owners of the Other Units of his intention to exercise a right of entry on to the Estate (except in the case of emergency) and only enter upon such part of the Estate and/or the Other Units as is necessary 2.2 cause as little inconvenience as reasonably possible to the owner and occupier of the Other Units 2.3 cause as little damage as is reasonably possible to the Estate and/or the Other Units 2.4 not damage the sewers and drains or discharge any deleterious materials into the same 3 Communal Areas The right to use the Communal Areas for general amenity purposes PROVIDED THAT the Tenant shall not thereby cause a nuisance annoyance or disturbance to the owners or occupiers of the Other Units 4 Parking The right to use the Parking Space or such other space on the Estate as the Landlord at its discretion may allocate from time to time to the Tenant 5 General Easements All such other rights easements and quasi-easements as are at present enjoyed or are necessary for the better use and occupation of the Property in on over or under the adjoining land comprised in the Estate and the Other Units 7

11 6 Support and Shelter 7 Entry The right to lateral and subjacent support protection and shelter for the Property from the Buildings The right to enter upon any adjoining part of the Estate and the Other Units for the purpose of inspecting repairing or renewing any party structure or thing on or under the same and used or enjoyed in common therewith or any structure or thing upon the Property which cannot otherwise reasonably be inspected repaired or renewed PROVIDED THAT the Tenant shall 7.1 give reasonable prior notice in writing to the owner and occupier to enter upon such adjoining part (except in the case of emergency) and only enter upon such part of adjoining part as is necessary 7.2 cause as little inconvenience as is reasonably possible to the owner and occupier 7.3 cause as little damage as is reasonably possible to such adjoining part and 7.4 as soon as possible at his own expense make good any damage caused by the exercise of such rights to the reasonable satisfaction of the owner 8 Benefit of Covenants The benefit of any covenant entered into by the owners of the Other Units with the Landlord so far as such covenants are intended to benefit the Property and so far as the benefit thereof can in law accrue to the Property 8

12 THE THIRD SCHEDULE THE RESERVED RIGHTS 1 Service Installations The full free and uninterrupted right of passage and running of water soil gas electricity and other services from and to the Estate and the Other Units in and through all Service Installations and used in common by land comprised in the Estate and/or the Other Units and the Property or by the Estate or the Other Units along with the right for their servants agents and workmen and the service providers with or without plant machinery equipment and materials to enter upon the Property to lay construct tie into connect with inspect repair renew cleanse and maintain such Service Installations PROVIDED THAT the person or persons exercising such rights shall 1.1 give reasonable prior notice in writing to the Tenant of his intention to exercise a right of entry onto the Property (except in the case of emergency) and only enter upon such part of the Property as is necessary 1.2 obtain the approval in writing of the Tenant (such approval not to be unreasonably withheld or delayed) to any such connections 1.3 cause as little inconvenience as reasonably possible to the Tenant 1.4 cause as little damage as is reasonably possible to the Property 1.5 as soon as possible at its or their own expense make good any damage caused by the exercise of such rights to the reasonable satisfaction of the Tenant and 1.6 not damage the sewers and drains or discharge any deleterious materials into the same 2 General Easements All such other rights easements and quasi-easements as are at present enjoyed or are necessary for the better use and occupation of the adjoining land comprised in the Estate and the Other Units 3 Support and Shelter 4 Entry The right to lateral and subjacent support shelter and protection and other easements and all quasi-easements rights and benefits of a similar nature now enjoyed or intended to be enjoyed by any other part of the Estate or the Reserved Property The right to enter upon the Property for the purpose of inspecting repairing or renewing the Reserved Property or any party structure or thing on or under the Property and used or enjoyed in common therewith or any structure or thing upon any adjoining part of the Estate or the Other Units which cannot otherwise reasonably be inspected repaired or renewed PROVIDED THAT the person or persons exercising such rights shall 4.1 give reasonable prior notice in writing to the Tenant and the occupier to enter upon the Property (except in the case of emergency) and only enter upon such part of the Property as is necessary 4.2 cause as little inconvenience as is reasonably possible to the Tenant and the occupier 4.3 cause as little damage as is reasonably possible to the Property and 9

13 4.4 as soon as possible at its or their own expense make good any damage caused by the exercise of such rights to the reasonable satisfaction of the Tenant 5 Access to Adjoining Parts of the Estate Full right and liberty for the Landlord for the purpose of developing any part of the Estate to erect scaffolding and for the Landlord and its successors in title to keep and have maintained any eaves gutters spouts downspouts foundations walls fences and any other structure incidental to the user of any adjoining properties overhanging or protruding beneath or abutting the Property TOGETHER WITH full right and liberty to enter at all reasonable hours in the daytime upon the Property so far as may be necessary but not otherwise for the purposes of inspecting and maintaining the same the Landlord and its successors in title doing no unnecessary damage by exercising such rights and making good all damage thereby occasioned 6 Modification of Covenants The right to modify waive or release any covenants conditions restrictions and stipulations (whether positive or negative and whether the same are compromised in a conveyance of the freehold or the grant of a Lease by the Landlord) relating to any part of the Estate whether imposed or entered into before or at the same time as or after the date hereof and whether or not they are the same form as those contained herein including any covenants conditions restrictions and stipulations as may become binding on the Landlord by virtue hereof and the right hereby reserved shall be exercisable only by the Landlord and those to whom it is expressly assigned PROVIDED ALWAYS that such modification waiver or release shall not reduce the value amenity or rental potential of the Property 7 Right to Vary Layout The Landlord shall not in any way be bound by the plotting or general scheme of development of any part of the Estate as may be shown on any Plans at any time prepared by the Landlord and the Landlord shall have the right from time to time acting reasonably to alter such plotting and scheme of development in such manner as the Landlord may deem fit 8 Signage The right for the Landlord and all persons authorised by it (including all statutory undertakers the relevant Local Authorities their servants and licensees) to construct and thereafter maintain upon the Property or any part of the Estate such street name plates hydrants notices water and electricity board markers as may be required to be exhibited TOGETHER WITH such ancillary rights of entry as may be reasonably required the person or persons exercising such rights doing no unnecessary damage and making good all damage thereby occasioned 9 Access to Adjacent Properties Such rights of access to and entry upon the Property by the Landlord and its agents and workmen and the owners of the Other Units and the property demised therewith and their workmen as are necessary for the proper performance of their respective obligations thereunder or under the covenants relating to the Other Units and the property demised therewith similar to those herein contained 10 Electricity Substation Such rights granted to the Tenant and covenants on the part of the Landlord pursuant to a lease of the electricity substation on the Estate dated 26 April 1966 dated between (1) Sun Life Assurance Company of Canada and (2) The North Western Electricity Board 10

14 THE FOURTH SCHEDULE THE TENANT S COVENANTS 1 Rent To pay the Rent on the days and in the manner as referred to in this Lease without any deductions 2 Management Fee To pay the Management Fee on the days and in the manner as referred to in this Lease without any deductions 3 Outgoings To pay all rates taxes charges impositions duties obligations assessments and outgoings of every description now or hereafter to be assessed charged or imposed on the Property or any part thereof or on the owner or occupier in respect thereof 4 To Repair The Tenant shall to the satisfaction in all respects of the Landlord or its surveyors keep the Property hereby demised and all parts thereof and all fixtures fittings therein and all additions thereto in a good and substantial state of repair decoration and condition throughout the Term including the renewal and replacement of all worn or damaged parts and shall maintain and uphold and (whenever necessary for whatever reasons) rebuild reconstruct and replace the same and shall yield up the same at the determination of this demise or at the end of the Term in such good and tenantable state of repair decoration and condition and in accordance with the terms of this covenant in all respects 5 External or Structural Additions or Alterations The Tenant shall not make any external or structural alteration or addition to the Property or make any opening in any boundary of the Property or cut or maim any structural parts of the Building and shall not make any internal, non-structural alteration or addition to the Property, or alteration to the plan, design or elevation of the Property, without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed; and the Tenant shall not install, alter the route of, damage or remove any Service Installations at the Property, without the prior written consent of the Landlord 6 Right to Enter to Inspect To allow the Landlord and its agents Surveyor servants or workmen at all reasonable times during the Term to enter upon any part of the Property and inspect the state and condition thereof and thereupon the Landlord or its agents or Surveyor may serve upon the Tenant notice in writing specifying the repairs necessary to be done (pursuant to the covenants herein contained) and the Tenant will within three months next after every such notice make good all such defects 7 To keep open Accessways 7.1 To keep open and free from obstruction the Accessways and Communal Areas on the Estate 7.2 To keep open and free from obstruction the entrance halls landings and staircases within the Buildings the use of which is common to the Property and Other Units 11

15 8 Use The Property shall be used only for the provision of residential accommodation as a single private dwelling and not for any institutional use 9 Placards or Advertisements No placard or advertisement shall be displayed on the Property whether free-standing or affixed to the outside of the boundary wall fence building or erection on the Property or on the inside surface of the windows of the Property or otherwise until the expiration of a period of three years from the date hereof 10 Assignment 10.1 Not to assign sublet part with possession of or charge part only of the Property 10.2 Not to assign the whole of this Lease unless the Tenant has first: paid to the Landlord any Rent, Management Fee, Insurance Rent or other sums payable under this Lease which have fallen due before the date of assignment; complied with paragraph 4 of the Fifth Schedule; and provided the Landlord with an address for service in England or Wales if the assignee or transferee is not resident in England or Wales or is a limited company not registered within England or Wales 10.3 Not to underlet the whole of the Property unless: the underlease is on an assured shorthold tenancy agreement or any other tenancy agreement whereby the tenant does not obtain security of tenure on expiry or earlier termination of the term; the underlease contains covenants substantially the same as those contained in this Lease; and the underlease provides that the undertenant must not do anything that would or might cause the Tenant to be in breach of the Tenant Covenants 10.4 Within one month after every assignment assent transfer or lease for a term exceeding twenty-one years or assignment of such lease or any other devolution of title (including a mortgage or legal charge) of the Property or any part thereof or any share therein to give notice in writing to the Landlord or its agents and to pay to the Landlord or its agents a fee of not less than fifty pounds plus VAT for the registration of such notice 11 To Pay Costs To pay to the Landlord its costs and expenses (including legal costs and Surveyors fees) of and incidental to any notice required to be given under Sections 146 and 147 of the Law and Property Act 1925 notwithstanding that forfeiture is avoided otherwise than by relief granted by the Court 12 Yielding Up Upon the exercise of any power of re-entry contained or on the expiration of the Term peaceably and quietly to surrender and deliver up to the Landlord the Property 12

16 13 Existing Covenants To observe and comply with the rights covenants and other matters (if any) more particularly referred to in the property and charges registers of the title above referred to and in the Lease so far as the same are still subsisting and relate to or affect the Property and to indemnify and keep indemnified the Landlord from and against all actions costs proceedings claims and demands in respect thereof to the intent that the Landlord shall not be liable upon the same in any manner 14 To Pay Costs of Damage to Accessways 15 Pets To pay to the Landlord on demand all costs charges and expenses incurred by the Landlord in repairing and making good any damage to the Accessways and/or Parking Space caused by the act neglect or default of the Tenant or the occupier for the time being of the Property Not to keep upon the Property any animals or birds 16 Service Meters To permit the appropriate statutory undertaker service company or public utility company to enter the Property so far only as reasonably necessary to inspect the service meters on any adjoining properties which can only be inspected from the Property 17 Refuse Containers Not to leave keep or place any rubbish on the Estate other than in the refuse receptacles provided 18 Noise and Nuisance 18.1 Not to do anything in the Property which is not consistent with the use of the Property as a residential dwelling nor to allow anyone else to do so. This includes although is not limited to: Not allowing a television or radio set equipment for reproducing recorded sound or musical instrument to be heard outside the Property Not holding any political religious fund-raising or charitable meeting attended by more than five people in the Property Not hanging clothes linen or furnishings outside the Property or in the Communal Areas Keeping curtains at all windows (except bathroom windows) Keeping all floors (except kitchen and bathroom floors) covered with carpet over suitable underlay or other suitable floor covering Cleaning the internal surfaces of all windows of the Property as often as necessary Not parking motor vehicles anywhere on the Estate except in the Parking Space 18.2 When using any of the Reserved Property neither the Tenant nor any member of the Tenant s household may: Make unnecessary noise 13

17 Leave any litter except in a receptacle provided for it nor throw dirt rubbish rags or other refuse or other substances or permit the same to be thrown into the sinks baths lavatories cisterns or waste or soil pipes in the Property (except through a proper waste disposal unit) or out of the windows thereof Leave any furniture package bicycle or toy thereon nor allow any to be left by anyone under their control Have a barbeque 18.3 In using the Parking Space, Communal Areas and the Accessways neither the Tenant nor any member of the Tenant s household may: Contravene any reasonable parking or traffic regulation agreements displayed on notices there Leave any litter except in a receptacle provided for it Cut or damage any shrubs or trees or pick any flowers Have a barbeque 14

18 THE FIFTH SCHEDULE TENANT S COVENANTS WITH THE LANDLORD 1 The Tenant shall pay to the Landlord the estimated Management Fee for each Service Charge Year in 4 equal instalments on 1 January, 1 April, 1 July and 1 October 2 In relation to the Service Charge Year current at the date of this Lease, the Tenant's Proportion shall be [ ] and shall be apportioned, such apportioned part to be calculated on a daily basis for the period from the date of this Lease to the [end of that quarter] 3 If, in respect of any Service Charge Year, the estimate of the Management Fee provided by the Landlord is less than the Management Fee, the Tenant shall pay the difference on demand. If, in respect of any Management Fee Year, the estimate provided by the Landlord of the Management Fee is more than the Management Fee, the Landlord shall credit the difference against the Tenant s next instalment of the estimated Management Fee (and where the difference exceeds the next instalment then the balance of the difference shall be credited against each succeeding instalment until it is fully credited) 4 Not to assign this Lease to any person or persons or company without first procuring that any assignee has first entered into a Deed of Covenant with the Landlord in the form annexed at the Eighth Schedule to this Lease 15

19 THE SIXTH SCHEDULE THE LANDLORD S COVENANTS 1 That the Tenant paying the Rent and observing and performing the said covenants conditions and provisions herein contained shall and may (subject and without prejudice to the rights of re-entry herein contained) peaceably possess and enjoy the Property for the Term without lawful interruption from or by the Landlord or any person rightfully claiming through under or in trust for it 2 That subject to the Tenant indemnifying the Landlord against all reasonable costs liability and expenses in connection therewith (and if requested by the Landlord providing security for such costs liability and expenses) the Landlord will at the request of the Tenant enforce the covenants and restrictions herein contained which shall be imposed upon any other part of the Estate or the Other Units in the event of substantial breach of such covenants and restrictions by the Tenants or occupiers of the other parts of the Estate or the Other Units 3 To insure the Buildings (unless such insurance is vitiated by any act or default of the Tenant or a Tenant of the Other Units) and keep the Buildings insured against the Insured Risks with a reputable Insurance Company in an amount that shall represent in the opinion of the Landlord the full replacement value of the Buildings plus incidental expenses and architects fees in rebuilding the same which policy may at the discretion of the Landlord be index-linked; and the Landlord shall also take out and keep in force a policy of insurance in an insurance office of repute covering liability for injury to persons on the Estate and shall make all payments necessary for those purposes within seven days after the same become payable and shall produce to the Tenant on demand the policies of such insurance and the receipt for every such payment 4 As often as the Buildings are destroyed or damaged by the Insured Risks to apply any money received by virtue of any insurance effected by the Landlord in rebuilding and reinstating a part or parts so destroyed or damaged in accordance with the bye-laws regulations and planning or development schemes of any competent authority for the time being 5 That for the period when any unit or other lettable property on the Estate is not let on terms similar to those contained in this Lease the Landlord will pay a fair and appropriate contribution in respect of such units towards the amount which may be expended in accordance with the covenants on the part of the Landlord and the provisions contained in this Lease 6 The Landlord covenants with the Tenant and the tenants of the Other Units 6.1 Provided that the Tenant has complied with all the covenants agreements and obligations on his part to be performed and observed to keep in good repair and decoration (as appropriate) and to renew and improve as and when necessary The structure of the Buildings on the Estate including: the roof and foundations all the load-bearing walls of the Buildings whether internal or external (but excluding the internal plaster tiles or other coverings of such walls) the timbers joists and beams of the ceilings and roofs and the slabs of the floors in the Buildings the gutters rainwater and soil pipes of the Buildings 16

20 the conduits in under and upon the Estate not exclusively serving the Property or other demised parts of the Buildings (except those conduits which are the property of a public utility supply authority or of a person or company supplying television aerial or rediffusion services) the Parking Space the Communal Areas the entranceways hallways staircases and landings All other parts of the Estate not included in the foregoing sub-paragraphs BUT EXCLUDING any part of the Estate included in this demise by virtue of the First Schedule Part 1 hereto or in the demise of any Other Unit 6.2 To maintain those parts of the Reserved Property as are laid out as amenity areas so as to provide peaceful amenity grounds for the enjoyment of the Tenant in common with others entitled to the like right and to keep the said amenity areas and the whole of the Reserved Property in good order and free from litter in accordance with good standards of management 6.3 To maintain those parts of the Reserved Property laid out as roads drives accessways and forecourts in good repair and condition and reasonably lit 6.4 To maintain the boundary walls and/or fences and/or hedges surrounding the Buildings and the gates in such walls and/or fences and/or hedges 6.5 To keep the halls stairs landings and passageways within the Buildings properly cleaned and lit 6.6 To maintain repair and renew any communal television and radio aerials installed in the Buildings and used or capable of being used by the Tenant in common with tenants of the Other Units 6.7 To maintain the lifts and the lift shafts within the Buildings (if any) 6.8 To keep entrance halls landings and staircases comprised within the Buildings the use of which is common to the occupiers of the Buildings clean lit carpeted furnished and decorated and from time to time as necessary to redecorate the same and replace any carpet furnishings and floor coverings 6.9 To pay all charges for gas electricity and other services supplied to the Reserved Property 6.10 To accumulate such sum or sums from time to time as the Landlord or its agents shall consider desirable for the purpose of accumulating a Reserve Fund 6.11 In the fifth year of the Term and in every fifth year thereafter or earlier at the discretion of the Landlord as the case may be to paint the outside wood and ironwork of the Buildings with such materials and in such proper colours or oils for natural weathering as shall be decided by the Landlord; in like manner to paint such parts of the wood and ironwork of or belonging to the internal parts of the Buildings included in paragraph 6.1 above (except such parts of the interior thereof which consist of a unit) as are usually or ought to be painted once in every seventh year of the Term with two coats of good oil paint; and likewise in every seventh year to repaper or paint all such internal parts of the Buildings included in paragraph 6.1 above (except as aforesaid) as may be plastered 6.12 Before carrying out any repairs or works to the Estate for the carrying out of which access to the Property is required to give reasonable notice (except in cases of emergency) in writing to 17

21 the Tenant and on the expiry of such notice the Landlord shall be entitled to carry out the said repairs or works and in doing so to have any required access to the Property but shall act carefully and reasonably doing as little damage as possible to the Property and making good all damage done 6.13 To keep proper books of account of all costs and charges and expenses incurred by it in carrying out its obligations under this Schedule and an account shall be taken as at 31 December in every year during the continuance of the Term PROVIDED THAT: the Landlord shall be entitled to appoint managing agents and/or accountants to carry out all or any of its obligations contained in this Lease the accounts prepared in pursuance of this Schedule shall be prepared by a competent chartered accountant who shall certify the total amount of such costs and expenses (including the fees for preparation and audit of the said accounts and the fees of the managing agents referred to in the last preceding sub-paragraph) for the period to which the account relates and such certificates shall be final and binding upon the parties hereto 18

22 THE SEVENTH SCHEDULE THE PROVISIONS AGREEMENTS AND DECLARATIONS 1 That if the Rent or any part thereof shall at any time be unpaid for the period of three (3) calendar months after the same shall have become due in pursuance of the covenant herein contained or if there shall be a breach or default by the Tenant of any of the covenants (whether affirmative or negative) on the part of the Tenant or of the conditions herein contained then and in any such case the Landlord may at any time enter or re-enter into and upon the Property or any part thereof in the name of the whole and shall peaceably hold and enjoy the same thenceforth as if these presents had not been made without prejudice to any right of action in respect of any antecedent breach of any of the covenants by the Tenant herein contained 2 That every notice in writing hereby required or authorised to be given to the Tenant shall be sufficient if signed by or on behalf of the Landlord whether specifically named in such notice or not and given in any form and served in any manner authorised by Section 196 of the Law and Property Act 1925; and in the case of notices under that Act to be served on the Landlord it shall be sufficient to serve such notices at the Landlord s registered office in the manner authorised by Section 196 of the above Act 3 That the Landlord or its successors in title may sell lease transfer or otherwise deal with any other land within the Estate belonging to it or them either subject to or free from all or any other covenants conditions and provisions and may release alter or vary any of the covenants conditions and provisions which may have been or may hereafter be inserted in any document in respect of any such other land without releasing the Tenant from any covenants conditions and provisions herein contained or giving to the Tenant any right of action in respect thereof and the Landlord shall not in any way be bound by the plotting or general scheme of development of the Estate 4 That the Landlord and its successors in title and the owners and occupiers for the time being and any land or buildings adjoining or near to the Property who have derived or shall derive their title thereto from and through the Landlord may at any time hereafter use erect rebuild or alter any land or buildings adjoining or near to the Property for any purpose to any extent and in any manner notwithstanding that the effect of the exercise of this power may be to destroy or interfere with any right of light or air acquired created or claimed by implication by the demise hereby made or by user or otherwise howsoever and for the time being appertaining or claimed to appertain to the Property or any part thereof or any building or erection thereon PROVIDED THAT the value or amenity of the Property shall not be affected thereby 19

23 THE EIGHTH SCHEDULE DEED OF COVENANT This Deed of Covenant is made the day of 20[ ] BETWEEN 1 [ ] LIMITED (Company Registration no. [ ]) ( the Landlord ) 2 [ ] ( the Transferee ) 1 In this Deed the following terms shall have the following meanings: The Property means The Lease means the Lease of the Property dated [ ] and made between the Landlord (1) and (2) [ ] 1.1 IN this Deed where the context so admits as required: Where the expression the Transferee includes two or more persons the obligations on the Transferee herein contained shall be deemed to be joint and several Words importing the singular number only include the plural number and words importing masculine gender only include the feminine gender The expression the Landlord and the Transferee shall include their respective successors in title Communal Areas Rent Reserved Property Services and Management Fee shall have the meanings afforded to them in the Lease 2 The Transferee has agreed to take an assignment of the Lease in respect of the Property together with the benefit of but subject to the covenants and rights in respect of the Reserved Property and the Communal Areas set out in the Lease 3 The Transferee covenants with the Landlord that he will: 3.1 Pay to the Landlord in advance on the date or dates specified in the Lease every year the Management Fee 3.2 Observe and perform all the covenants on the part of the Tenant contained in the Lease 3.3 Not transfer the Property to any person or persons or company without first procuring that any transferee has first entered into a Deed of Covenant with the Landlord in the form hereof [INSERT ATTESTATION CLAUSES HERE] 20

24 THE NINTH SCHEDULE 1. Until and including the first Review Date after the date of this Lease the Rent is the Initial Rent 2. On each Review Date, the Rent is to be reviewed to the higher of the Rent reserved before the relevant Review Date and the Revised Rent. The reviewed Rent will be payable from and including the relevant Review Date. 3. As soon as reasonably practicable after the publication of the Index for the month preceding the relevant Review Date, the Landlord is to notify the Tenant in writing of the Rent payable from and including the relevant Review Date. In the absence of manifest error, the Landlord s calculation of the Rent payable from and including the relevant Review Date will be binding on the Tenant. 4. The Landlord may give written notice to the Tenant specifying a Revised Index to be used for the calculation of the Revised Rent if: 4.1. the reference base used to compile the Index changes after the date of this Lease or there is some other substantial change in the method used to compile the Index; 4.2. the Index is published at less frequent intervals than as at the date of this Lease; 4.3. publication of the Index is suspended or ceases completely; or 4.4. it becomes impossible or impracticable to calculate the Revised Rent for any other reason. 5. Either the Landlord or the Tenant may refer any dispute about this Schedule 9 to the Surveyor who will act as an expert. 21

25 IN WITNESS whereof the Landlord has set its hand and the Tenant has set his hand as a Deed the day and year first before written Signed as a deed by FUTURE ISLAND DEVELOPMENTS LTD acting by a director, in the presence of:... Director Signature of Witness: Name (in BLOCK CAPITALS): Address: Signed as a deed by [Buyer Name] in the presence of: Signature of Witness: Name (in BLOCK CAPITALS): Address: