GROSVENOR BELGRAVIA ESTATE MANAGEMENT SCHEME

Transcription

1 GROSVENOR BELGRAVIA ESTATE MANAGEMENT SCHEME FOR FREEHOLDERS ONLY Grosvenor 70 Grosvenor Street London W1K 3JP Tel: Fax:

2 IN THE HIGH COURT OF JUSTICE 1971 G 1756 CHANCERY DIVISION (GROUP A) THE VICECHANCELLOR WEDNESDAY the 5 th day of DECEMBER 1973 IN THE MATTER of the GROSVENOR BELGRAVIA ESTATE and IN THE MATTER of the LEASEHOLD REFORM ACT 1967 BETWEEN (1) THE MOST NOBLE ROBERT GEORGE FIFTH DUKE OF WESTMINSTER (2) George Ingram Barty-King (3) John Nigel Courtenay James and (4) Patrick Geoffrey Corbett and Plaintiffs (1) BELINDA JANE MORGAN (2) Charles James McCall (3) Eloise Jerwood McCall (Married Woman) (4) Humphrey Paul Wood (5) Anne Felicity Wood (Married Woman) (6) Vera Eleanor Fraser (Widow) (7) David Francis Ramsay (8) Cecile Visco (Feme Sole) (9) John Gaster Laski (10) Audrey Louise Laski (Married Woman) (11) Beatrice Smith (12) George Dannatt (13) Barry Griffiths Francis Woollard (14) David Henry Jephson Hilary Defendants THE APPLICATION of the Plaintiffs by Originating Summons dated 28 th June 1971 and reissued on 22 nd September 1972 on amendment which upon hearing the Solicitors for the Plaintiffs and for the Defendants Belinda Jane Morgan / Charles James McCall / Eloise Jerwood McCall / Vera Eleanor Fraser / George Dannatt / Barry Griffiths Francis Woollard and David Henry Jephson Hilary and the Defendant John Gaster Laski in person in Chambers was adjourned to be heard in Court coming on to be heard on 4 th December 1973 and this day accordingly AND UPON HEARING Counsel for the Plaintiffs and the Defendant John Gaster Laski in person on 4 th December

3 AND UPON READING to Central Office Certificates each dated 29 th November 1972 and that no appearance has been entered for the Defendants David Francis Ramsay and Beatrice Smith respectively three affidavits of Stanley Reginald Coggan sworn respectively on 30 th June 1971 / 16 th February 1973 and 25 th June 1973 an affidavit of Peter Ernest Walter Scoble an affidavit of Robert Brian Morison two affidavits of the Defendant John Gaster Laski sworn respectively on 5 th June 1973 and 29 th October 1973 an affidavit of Anthony Charles Watts all filed this day and the exhibits therein respectively referred to the exhibit marked SCR2 to the said first mentioned affidavit of Stanley Reginald Coggan being the Certificate dated 30 th June 1970 of the minister of Housing and Local Government given pursuant to Section 19 (1) of the Leasehold Reform Act 1967 THIS COURT DOTH pursuant to Section 19 of the said Act APPROVE the Scheme set forth in the Schedule hereto AND THIS COURT DOTH ORDER that there shall be no order as to costs AND IT IS ORDERED that the Plaintiffs do register the said Scheme under the Land Charges Act 1925 as a local land charge 2

4 THE SCHEDULE THE SCHEME made pursuant to Section 19 of the Leasehold Reform Act 1967 for the management of the GROSVENOR BELGRAVIA ESTATE LONDON TABLE OF CONTENTS Clause Interpretation and Introductory 1. Definitions 2. Interpretation 3. Table of Contents marginal notes and cross headings 4. Application of Scheme Maintenance Obligations of Owner 5. Repair 6. Decorate exterior 7. Comply with notice to repair Regulation of Use and Appearance 8. Private residence only 9. Animals 10. Not to hang clothes etc 11. Nuisance 12. No overheating of flues and chimneys 13. No auction without consent 14. No advertisements etc 15. Telephone wires 16. External aerials Regulation of Development 17. No alterations and additions without consent 18. Plans of rebuilding and reinstatement after fire etc 3

5 19. Notice of planning applications Trees 20. Not to lop trees 21. Permit Landlords to lop trees Adjoining properties and common amenities 22. Contribution to expenses 23. Permit Landlords to repair adjoining properties 24. Mews properties 25. Common gardens Insurance 26. Owner to insure Notice to Landlord 27. Notice of devolution of title 28. Notices etc affecting enfranchised property Financial Obligations of Owner 29. Management charge 30. Costs relating to enfranchised property 31. Recovery of sums due Miscellaneous 32. Change of Landlord 33. Variation of Scheme 34. Service of Notices SCHEDULES 1. Mews properties 2. Common gardens 4

6 Interpretation and Introductory Definitions 1. In this Scheme the following expressions have the following meanings unless the context otherwise requires: Expression The Landlords Meaning (Subject to the provisions of Clause 32 hereof) The Most Noble Robert George Fifth Duke of Westminster / George Ingram Barty- King / John Nigel Courtenay James and Patrick Geoffrey Corbett or other the trustees or trustee for the time being of the Will of the Most Noble the Second Duke of Westminster deceased The Estate The lands and buildings shown surrounded by a black line on the plan annexed hereto and marked Estate Plan and known as the Grosvenor Belgravia Estate in the London Boroughs of Westminster and Kensington and Chelsea The Estate Surveyor The person appointed by the Landlords as the Estate Surveyor for the time being for the purposes of this Scheme Original Transfer The Transfer whereby the freehold interest in any property comprised in the Estate shall have been acquired from the Landlords by any other person Enfranchised Property Any property forming part of the Estate of which the freehold shall have been acquired from the Landlords by any other person either (i) in exercise of his rights under the Leasehold Reform Act 1967; or (ii) under an Original Transfer containing a statement that the provisions of this Scheme shall apply thereto Including the dwelling house buildings and erections for the time being comprised therein 5

7 The Owner The person for the time being entitled to the freehold interest in an enfranchised property and also (where the context so admits) any other person from time to time occupying or having an interest in such enfranchised property The Order Date The date of the Order of the High Court of Justice approving this Scheme Interpretation 2. In this Scheme where the context so admits (1) The singular includes the plural and vice versa (2) The masculine includes the feminine (3) Person includes Corporation and (4) Where the Owner comprises two or more persons the obligations hereby imposed on the Owner shall be joint and several obligations Table of Contents Marginal Notes and Cross-headings 3. The Table of Contents marginal notes and cross-headings are for convenience of reference only and shall not affect the interpretation or construction of this Scheme Application of the Scheme 4. Save as hereinafter expressly provided the provisions of this Scheme shall apply in respect of all the enfranchised properties comprised in the Estate and shall be binding upon the Owner of every enfranchised property and his successors in title Maintenance Obligations of Owner Repair 5. The Owner shall at all times well and sufficiently repair and keep in repair the exterior and the internal load-bearing parts of the enfranchised property and every part thereof and as to the exterior thereof so that it shall as far as practicable retain an architectural appearance and colour similar to that at the date of the Original Transfer 6

8 Decorate Exterior 6. (1) The Owner shall at all times well and substantially paint and cleanse the exterior of the enfranchised property so that it shall as far as practicable retain an architectural appearance and colour similar to that at the date of the Original Transfer (2) Without prejudice to the generality of the foregoing the Owner shall in the year specified in the Original Transfer (being three years after the last preceding year prior to the date of the Original Transfer in which the exterior painting should have been carried out pursuant to the covenant in that behalf in the former tenancy (if any) of the enfranchised property) and thereafter in every third year between the 1 st day of March and the 31 st day of august paint in a proper and workmanlike manner the whole of the outside woodwork ironwork metalwork and cement or stucco work (if any)and other external parts of the enfranchised property usually painted with two coats at least of good oil paint or other type of paint approved in writing by the Estate Surveyor the painting of the cement or stucco work (if any) to be finished with a light cream colour of a tint previously approved in writing by the Estate Surveyor Provided that in the case of an enfranchised property which is situated in one of the Mews specified in Part I of the First Schedule hereto the painting of the cement or stucco work (if any) may be finished in any colour which in each instance shall previously be approved in writing by the Estate Surveyor (3) Without prejudice to the generality of the foregoing the Owner shall as often as in the reasonable opinion of the Estate Surveyor may be necessary clean the exterior stonework of the enfranchised property in such manner as shall be previously approved in writing by the Estate Surveyor and clean and repoint the external brickwork (if any) of the enfranchised property but otherwise than in black pointing 7

9 Comply with Notice to Repair or Redecorate 7. (1) The Owner shall permit the Landlords or the Estate Surveyor with or without workmen and others at anytime reasonably convenient to the Owner Upon reasonable notice in writing (except in the case of emergency) to enter upon the enfranchised property to view the condition of the exterior and of the internal load bearing parts thereof and shall upon notice in writing being given by the Landlords of any defects and wants of repair or decoration for which the Owner is liable under Clauses 5 and 6 hereof forthwith well and sufficiently repair and amend the same accordingly (2) If the Owner shall not within two months after the service of such notice of defects and wants of repair or decoration proceed diligently to comply with its requirements the Owner shall permit the Landlords or the Estate Surveyor with workmen and appliances to enter upon the enfranchised property and cause all such works and things to be executed and done as are necessary to secure compliance with the notice and the costs and expenses of such works and things (including legal fees and surveyor' costs) shall be repayable by the Owner to the Landlords on demand (3) The Owner shall not alter any such works and things after the same shall have been executed and done without the previous consent in writing of the Landlords or the Estate Surveyor Regulation of Use and Appearance Private Residence Only 8. (1) The Owner shall not occupy or use or permit or suffer to be occupied or used the enfranchised property in any manner other than as a single private dwelling-house in the occupation of one family only or for such other purpose as shall be permitted under the terms of the Original Transfer 8

10 Provided that there shall be included in the terms of the Original Transfer as a permitted purpose under this Clause any other use which is permitted by the terms of the long tenancy (as defined by Section 3 of the Leasehold Reform Act 1967) if any formerly vested in the Owner or a predecessor-in-title of his or any predecessor-in-title of them or for which the enfranchised property is being used at the date of the Original Transfer with the written consent of the Landlords (2) The Owner shall permit the Landlords or the Estate surveyor or their servants or agents at any reasonable time upon demand to enter upon the enfranchised property to view the mode of user thereof Animals 9. The Owner shall not keep or permit or suffer to be kept any live poultry or other animals (other than a dog cat guinea-pig hamster rabbit small tropical fish or [in the dwelling-house only] small caged bird) on the enfranchised property Not to Hang Clothes etc 10. The Owner shall not expose or permit or suffer to be exposed on any part of the enfranchised property any clothes or linen or any articles of which such exposure is in the opinion of the Landlords objectionable Nuisance 11. The Owner shall not do or permit or suffer in or about or in connection with the enfranchised property any act deed or thing which shall or may be or become a nuisance or which may grow or lead to the damage annoyance inconvenience or disturbance to the Landlords or to the owner tenant or occupier of any adjoining or neighbouring property No Over-Heating of Flues and Chimneys 12. (1) The Owner shall not cause or permit any act or thing of any kind which shall or may cause any overheating of any of the flues and chimneys of the enfranchised property or any adjoining or neighbouring property and shall upon notice being given by the Landlords of any such overheating carry out to the satisfaction of the Landlords or 9

11 the Estate Surveyor all such works as may be required to prevent such overheating and to remedy any such damage already caused thereby (2) If the Owner shall not within three months after the service of such notice proceed diligently to carry out such works the Owner shall permit the Landlords or the Estate Surveyor with workmen and appliances to enter upon the enfranchised property and carry out the same and the costs and expenses thereof (including legal fees and surveyor s costs) shall be repayable by the Owner to the Landlords on demand No Auction Without Consent 13. The Owner shall not hold or permit or suffer to be held in or about the enfranchised property any sale by auction without the express previous written consent of the Landlords No Advertisements etc 14. The Owner shall not stick exhibit or affix or permit or suffer to be stuck exhibited or affixed to the enfranchised property or any part thereof any nameplates bills notice placards advertisements flags banners blinds signs or similar devices of any kind whatsoever except (i) Such signs as have been previously approved in writing by the Landlords or their Estate Surveyor (ii) Usual sign boards (not more than one per property) indicating that the enfranchised property is for sale or to let any such board not to exceed four feet by three feet in size and only to be fixed flush to the elevation of the enfranchised property (iii) Notices relating to a forthcoming non-commercial function or event exhibited for a Telephone Wires period not exceeding two weeks in any period of two months 15. The Owner shall not permit or suffer any telephone or other wires to be carried over or under the enfranchised property or any part thereof or to be affixed thereto with the exception of those required for the service of the occupier Provided that the Owner shall 10

12 not in any case permit or suffer any telephone or other wires to be carried over or on or in front of the front elevation of the enfranchised property or any part thereof or to be affixed thereto External Aerials 16. The Owner shall not erect or maintain or permit or suffer to be erected or maintained on the exterior of the enfranchised property or any part thereof any television wireless or similar aerial except for such a type and in such a position and from such period as shall previously have been approved in writing by the Landlords or the Estate Surveyor such approval not to be unreasonably withheld Regulation of Development No Alterations and Additions Without Consent 17. The Owner shall not make any alteration in the construction height elevation or external architectural appearance of the enfranchised property or any part thereof nor enclose the portico (if any) thereof nor cut or alter any of the exterior or the internal load bearing walls or timbers thereof nor erect or build any additional or substituted building or erection thereon without the previous written consent of the Landlords or their Estate Surveyor (such consent not to be unreasonably withheld Provided that the Landlords or their Estate Surveyor shall have the right to require as a condition of such consent the payment of a reasonable sum in respect of (i) Any damage to or diminution in the value of any neighbouring premises belonging to the Landlords (ii) Any Architects Surveyors legal or other expenses reasonably incurred in connection with such consent) 11

13 Plans of Re-Building and Reinstatement 18. (1) The Owner shall before commencing the rebuilding or reinstatement of the enfranchised property or any part thereof as referred to in Clause 26 (2) hereof after destruction or damage submit such plans block plans elevations and specifications as to the exterior and internal load bearing parts as the Landlords or the Estate Surveyor shall require with duplicates for retention and shall do any works only in accordance with such plans block plans elevations and specifications as the Landlords or the Estate Surveyor shall approve in writing such approval not to be unreasonably withheld (2) The Owner shall pay to the Landlords on demand the reasonable professional costs and expenses incurred by the Landlords in respect of the perusal and consideration of such plans elevations and specifications and the documents submitted therewith in accordance with the provisions of the last foregoing sub-clause by the Estate Surveyor or any other professional person employed by the Landlords Notice of Planning Applications 19. The Owner shall give to the Landlords or the Estate Surveyor notice of any application for planning permission under the Town & Country Planning Act 1971 or any statutory modification or re-enactment thereof made by the Owner or any other person in relation to the enfranchised property or any part thereof immediately after such application has been made and (if so required by the Landlords or their Estate Surveyor) produce a copy of the same for inspection and furnish all information as to the granting or refusal of such permission and as to any appeals or other matters or things arising in consequence of the application Trees Not to Lop Trees 20. The Owner shall not (except in the case of emergency) lop top prune cut or remove any tree on enfranchised property 12

14 Permit Landlords to Lop Trees 21. The Owner shall permit the Landlords or the Estate Surveyor with workmen and others at any time reasonably convenient to the Owner upon reasonable notice in writing (except in case of emergency) to enter upon the enfranchised property to inspect lop top prune cut or if necessary to remove the trees growing on the enfranchised property and the reasonable costs and expenses thereof shall be repayable by the Owner to the Landlords on demand Provided that the Landlords shall be responsible to the Owner for any damage to the enfranchised property (other than to the trees themselves or the amenity value thereof) in the carrying out of such works Adjoining Properties and Common Amenities Contribution to Common Expenses 22. The Owner shall on receipt of the Landlords written demand forthwith pay and contribute to the Landlords a fair proportion with the other owners or lessees interested therein of the expenses of making repairing and scouring all party and other walls gutters sewers and drains belonging or which shall belong to the enfranchised property or to be used jointly with the occupiers of any adjoining or neighbouring properties such proportion (if in dispute) to be determined by the Estate Surveyor whose determination shall be final and binding on the Owner Permit Landlords to Repair 23. The Owner shall permit the Landlords or the Estate Surveyor with or without workmen and appliances at any time reasonably convenient to the Owner upon reasonable notice in writing (except in the case of emergency) to enter upon the enfranchised property to execute repairs to any adjoining property the Landlords making good all damage thereby occasioned to the reasonable satisfaction of the Owner and paying to the Owner any fees reasonably and properly incurred by him for professional advice obtained by him in connection with such works 13

15 Mews Properties 24. The provisions set out in Part 2 of the First Schedule hereto shall apply in respect of every enfranchised property which is situated in one of the Mews specified in Part 1 of the First Schedule hereto Common Gardens 25. The provisions set out in the Second Schedule hereto shall apply in respect of every enfranchised property which has appurtenant thereto the liberty and privilege in common with the Landlords and other persons entitled to the like right of walking in and enjoying the gardens owned by the Landlords (being Belgrave Square / Buckingham Palace Gardens / Chester Square / Eaton Square / Upper Grosvenor Gardens / Halkin Street Gardens / Lygon Place Gardens or Wilton Crescent Gardens as the case may be) whether or not such liberty and privilege shall have been expressly granted by the Original Transfer Insurance 26. Owner to Insure (1) The Owner shall at all times keep the enfranchised property insured against loss or damage by fire with Alliance Assurance Company Limited (St James s Branch) or other insurance company of repute for a sum which shall not be less than the full reinstatement value thereof as determined by the Estate Surveyor of the Landlords and whenever required produce to the Landlords or the Estate Surveyor the policy and receipt for the last premium in respect of such insurance (2) In the event of the destruction of or damage to the enfranchised property or any part thereof by fire or other risk covered by such insurance the Owner shall forthwith lay out the moneys received in respect thereof in rebuilding or reinstating the enfranchised property and if such moneys be insufficient for such purpose the Owner shall make good the deficiency 14

16 Notice to Landlords Notice of Devolution or Title 27. The Owner shall within one month after the making of every transfer or upon the happening of any event transferring the freehold interest in the enfranchised property or any part thereof give to the Landlords notice in writing thereof and of the name and place of residence of the transferee and produce at the office of the Landlords for registration a photographic or other certified copy of every instrument of transfer and any grant of Probate letters of Administration Order of the court or other relevant document affecting the title to the freehold interest in the enfranchised property or any part thereof And shall at the same time pay to the Landlords a reasonable sum being not less than Four Pounds ( 4) in respect of the registration of any and every such instrument or document Notices etc Affecting Enfranchised Property 28. The Owner shall give notice forthwith to the Landlords or the Estate Surveyor of any notice or order or proposal for a notice or order served under any statute Order Regulation or Bye-Law on the Owner or any tenant or occupier of the enfranchised property or any art thereof and (if so required by the Landlords or the Estate Surveyor) produce the same for inspection Financial Obligations of Owner Management Charge 29. (1) The Owner shall pay to the Landlords on the 31 st day of December in every year (being not less than one complete year after the date of the Original Transfer) in respect of the year ending on that date the sum of Ten Pounds (or such greater sum as hereinafter provided) towards the provision or maintenance by the Landlords of services facilities and amenities in the Estate and the administration of this Scheme (2) In this clause the Index means the Index of Retail Prices published by HM Stationery Office or any official publication substituted therefor 15

17 (3) The Landlords may by notice in writing given to the Owner on or before the 31 st day of December in any year direct that the sum payable in respect of that year shall be such other sum greater than Ten Pounds as the Landlords shall specify Provided that such sum shall not exceed the greater of: (a) the sum payable hereunder in respect of the immediately preceding year; and (b) such sum to the nearest new penny as shall be equal to the sum of 10 multiplied by the fraction X_ where X is the figure shown in the Index for the 185 month of October immediately preceding the 31 st day of December (185 being the figure shown therein for the month October 1973) (4) In the event of any change after the date hereof in the reference base used to compile the Index the figure taken to be shown in the Index after such change shall be the figure which would have been shown in the Index if the reference base current at the date hereof had been retained (5) In the event of it becoming impossible by reason of any change after the date hereof in the methods used to compile the Index or because the Index shall cease to be published or for any other reason whatsoever to implement the foregoing provisions of this clause or if any dispute or question shall arise between the parties hereto with respect to the sum payable or the construction or effect of this clause the determination of such sum or other matter in dispute shall be determined by a single arbitrator to be nominated (in default of agreement between the parties) by the President for the time being of the Royal Institution of Chartered Surveyors in accordance with the Arbitration Act 1950 or any statutory modification or reenactment thereof for the time being in force who shall have full power to determine what would have been the figure for any month in the Index had it 16

18 continued on the basis and given the information required for the operation of this clause Costs Relating to Enfranchised Property 30. The Owner shall further pay to the Landlords their proper legal costs and surveyor s fees incurred by them in connection with any acts or things required or reasonably to be done by them or by the Estate Surveyor by virtue of this Scheme specifically in relation to the enfranchised property or any part thereof and by reason of any default on the part of the Owner including (but without prejudice to the generality of the foregoing) the drawing up of the Schedules of Dilapidations and notices and any inspection to ascertain whether any notice has been complied with Recovery of Sums Due 31. (1) Any sum which shall have become payable by the Owner to the Landlords under any provisions of this Scheme shall be recoverable as a simple debt (2) Subject as hereinafter provided any such sum which shall remain unpaid for twentyone days after the same shall have become due shall also be charged on the enfranchised property and for the purpose of enforcing such charge the Landlords shall have the same powers and remedies under the Law of Property Act 1925 as if the Landlords were mortgagee by deed having powers of sale and leasing and of appointing a receiver (3) Provided that any such charge and the power of the Landlords of enforcing the same shall be postponed and take effect in all respects subject to any mortgage or charge affecting the enfranchised property or any part thereof which has been or shall have been created before such charge under this clause has arisen and become enforceable and has been registered or made the subject of a notice or caution under the Land Registration Act 1925 or any statutory modification or re-enactment thereof for the time being in force 17

19 Miscellaneous Change of Landlords 32. The Landlords shall have the power by deed to transfer the rights and powers conferred on them by this Scheme to any company having as its main object or one of its main objects the management of this Scheme and from and after the execution of any such deed reference in this Scheme to the Landlords shall (save where the context otherwise requires) be read and construed as reference to such company Variation of Scheme 33. The provisions of this Scheme may be terminated or varied or any part of the Estate may be excluded from the Scheme with the approval of the High Court of Justice if a change of circumstances makes it appropriate Service of Notices 34. The provisions of Section 196 of the Law of Property Act 1925 and the Recorded Delivery Service Act 1962 shall apply in respect of any notice to be given or served under the provisions of this Scheme THE FIRST SCHEDULE Part 1 Belgravia Ann s Place Belgrave Mews North Belgrave Mews South Belgrave Mews West Belgrave Yard Boscobel Place Bunhouse Place Burton Mews Capener s Close Chesham Mews (eastern side only) Chester Close Chester Square Mews 18

20 Dorset Mews Eaton Close Eaton Mews North (both Mews) Eaton Mews South (both Mews) Eaton Mews West Eaton Row Eaton Terrace Mews Ebury Mews Ebury Mews East Eccleston Mews Frederic Mews Groom Place (cul-de-sac portion only) Grosvenor Cottages Grosvenor Crescent Mews Grosvenor Gardens Mews East Grosvenor Gardens Mews North Grosvenor Gardens Mews South Grosvenor Studios Halkin Mews Kinnerton Place North Kinnerton Place South Kinnerton Yard Lowndes Close Lyall Mews Lyall Place Minera Mews Old Barrack Yard Palace Mews Pembroke Close Rembrandt Close Roberts Mews Studio Place Un-named roadway at rear 87/107 Pimlico Road West Eaton Place Mews Wilton Mews (cul-de-sac portion only) Wilton Row 19

21 Part 2 Provisions Relating to Mews Properties 1. In this Schedule the expression the Mews means the mews properties (including the private roadway thereof) of which the enfranchised property forms part 2. The Owner shall on receipt of the Landlords written demand forthwith pay and contribute to the Landlords a fair proportion (such proportion if in dispute to be determined by the Estate Surveyor whose determination shall be final and binding on the Owner) of the costs and expenses of (i) maintaining repairing re-surfacing cleansing and keeping in good order and condition the paving of the Mews; (ii) (iii) the lighting of the Mews; and keeping the roadway of the Mews free from obstruction and maintaining the same as a private way including (if considered necessary or desirable by the Landlords) the employment of a commissionnaire or traffic warden for that purpose 3. The Owner shall observe and shall not permit or suffer any breach or nonobservance of the following regulations in respect of the Mews: (i) No motor vehicle shall be repaired in the roadway of the Mews nor be allowed to remain stationary therein; (ii) No petrol nor any noxious fluid or substance shall be emptied or allowed to escape into the sewers or drains of the Mews; (iii) Except for the purpose of meeting the requirements of any public or local authority no bell horn hooter or whistle connected with a motor vehicle shall be sounded in the Mews or the approaches thereto; and 20

22 (iv) No disturbance nuisance or annoyance shall be caused to the Landlords or their tenants in the neighbourhood consequent upon or in connection with the use of the enfranchised property for the housing of motor vehicles THE SECOND SCHEDULE Provisions Relating to Common Gardens 1. In this Schedule the expressions the Gardens means the gardens owned by the Landlords which the Owner has the liberty and privilege of walking in and enjoying in common with the Landlords and other persons entitled to the like right 2. The Owner shall on receipt of the Landlords written demand forthwith pay and contribute to the Landlords a fair proportion of the costs and expenses of maintaining repairing improving and keeping in good order and condition the Gardens and the walks lawns and shrubberies thereof and the iron railings or other fencing enclosing the same and any other embellishments improvements or things on the Order date or thereafter from time to time belonging thereto such proportion (if in dispute) to be determined by the Estate Surveyor whose determination shall be final and binding on the Owner 3. The Owner shall observe and shall not permit or suffer any breach or nonobservance of any rules or regulations relating to the Gardens which may at any time be formulated by or on behalf of the Landlords 21