Table of contents PREFACE... 3 ABOUT HEADINGS & CONTENTS... 3 ABOUT VARIATIONS IN LEASES... 3 ABOUT PAGE NUMBERS... 3 INDEXING... 3 DISCLAIMER... 3 PARTIES TO THE LEASE... 4 DESCRIPTION & OWNERSHIP OF COMPTON COURT... 4 THE RIGHT TO ENFORCE RESTRICTIONS... 4 GRANT OF THE LEASE... 4 THE RETAINED PREMISES... 4 DESCRIPTION OF THE FLAT DEMISED... 5 (Original lease: End of Page 1)... 5 TERM OF THE LEASE AND RENT... 5 DUTIES OF THE LESSEE... 6 TO OBSERVE AND PERFORM THE RESTRICTIONS CONTAINED IN THE FIRST SCHEDULE... 6 TO PAY THE RENT ON TIME... 6 TO PAY ALL TAXES AND CHARGES IMPOSED UPON THE FLAT... 6 TO CONTRIBUTE A HALF SHARE TO THE REPAIR OF PARTY WALLS ETC... 6 TO MAINTAIN REPAIR DECORATE AND KEEP CLEAN THE INTERIOR OF THE FLAT... 6 Items specifically included in maintenance:... 6 Notifications if floor is to be repaired:... 7 TO KEEP STAIRWELLS CLEAN AND WATER THE PLANTS... 7 PROTECT WATER PIPES FROM FROST DAMAGE... 7 KEEP WINDOWS AND CISTERNS CLEAN AND DRAINS FREE... 7 MAINTAIN ALL PIPES WIRES DUCTS ETC USED SOLELY FOR THE FLAT... 7 (Original lease: End of Page 2)... 7 TO PERMIT ENTRY AND INSPECTION OF THE CONDITION OF THE FLAT... 7 SUB-LETTINGS... 8 NO UNDER-LETTING OF PART OF THE FLAT... 8 NO UNDER-LETTING OF THE FLAT WITHOUT VETTING AND CONSENT IN WRITING... 8 ACTIONS OF THE LESSEE... 8 CONDUCT... 8 TO PRESERVE ALL RIGHTS OF LIGHT AND OTHER EASEMENTS... 8 GIVE BACK THE FLAT AT THE END OF THE LEASE... 9 INSURE THE FLAT AGAINST DAMAGE BY FIRE... 9 MAINTAIN THE GARAGE IF ANY... 9 (Original lease: End of Page 3)... 9 COVENANTS OF THE LESSOR... 9 TO REPAIR AND MAINTAIN PREMISES DRIVES AND GROUNDS BUT AT LESSEE S EXPENSE... 9 TO KEEP THE RETAINED PREMISES PROPERLY LIGHTED... 10 TO ENSURE NEW LESSEES COVENANT TO OBSERVE THE RESTRICTIONS OF THE FIRST SCHEDULE... 10 TO ENFORCE THE COVENANTS AS REQUIRED (AT LESSEES EXPENSE)... 10 TO GRANT THE LESSEE UNINTERRUPTED ENJOYMENT OF THE FLAT FOR THE TERM OF THE LEASE... 10 THE BUILDER IS RESPONSIBLE FOR THE ROADS & SEWERS UNTIL ADOPTED BY LOCAL AUTHORITY... 10 Page 1 of 17
REMEDIES FOR NON-PAYMENT OF RENT OR BREACH OF COVENANT... 11 LESSOR S DISCLAIMER FOR LOSS OR INJURY DUE TO FAILURE OF ELECTRIC LIGHTS IN THE STAIRWELLS... 11 (Original lease: End of Page 4)... 11 LESSOR S DISCLAIMER FOR LOSS OR INJURY OCCASIONED BY ANOTHER LESSEE OR HIS GUESTS... 11 LESSEES TO HOLD THE FLAT & GARAGE ON TRUST... 12 COST OF MAINTAINING PARTY WALLS AND SIMILAR TO BE SHARED... 12 MEANINGS OF EXPRESSIONS... 12 LEASE DOES NOT FORM PART OF A LARGER TRANSACTION... 12 THE FIRST SCHEDULE (RESTRICTIONS AND REGULATIONS)... 13 NOT TO BUILD ALTER OR INJURE PREMISES WITHOUT CONSENT IN WRITING... 13 NO TRADE PLATES OR SIMILAR TO BE DISPLAYED... 13 NO ANTI-SOCIAL BEHAVIOUR... 13 CARPETS & UNDERFELTS TO BE LAID... 14 PROPER DISPOSAL OF REFUSE... 14 (Original lease: End of Page 5)... 14 NO PARKING ON LAWNS OR DRIVES... 14 LAUNDRY NOT TO BE HUNG ANYWHERE OTHER THAN THE DESIGNATED AREA... 14 FIRE ESCAPE BALCONY TO BE KEPT CLEAR... 14 NO TV AERIALS OTHER THAN THOSE PROVIDED... 14 NOT TO PAINT OR INTERFERE WITH THE OUTSIDE OF THE FLAT... 14 NO SALES BY AUCTION IN THE FLAT... 14 NOT TO INTERFERE WITH ANY UTILITY SUPPLY TO THE FLAT... 14 TO KEEP DRIVEWAYS, GROUND AND FORECOURTS CLEAR OF OBSTRUCTIONS PARTICULARLY MOTOR VEHICLES... 14 NOT TO DO ANYTHING THAT MAY CAUSE SUBSIDENCE OF ADJOINING LAND... 15 NOT TO USE THE GARAGE (IF ANY) EXCEPT TO GARAGE A PRIVATE VEHICLE... 15 THE SECOND SCHEDULE (EASEMENTS RIGHTS AND PRIVILEGES)... 15 THE COMMON RIGHT TO USE ENTRANCE WAYS, DRIVES AND GROUNDS (FOR ACCESS AND EGRESS ONLY) AT THE LESSEE S OWN RISK... 15 FREE ACCESS TO ADJACENT GROUNDS FOR THE REPAIR OF UTILITY SUPPLIES... 15 THE RIGHT TO BENEFIT FROM THE CONDITIONS IMPOSED ON ALL THE FLATS OF THE BLOCK... 15 FULL RIGHT AT ALL TIMES TO WALK OR DRIVE ON THE LESSOR S ESTATE IN A PROPER MANNER... 16 Lessor s disclaimer for liability against damage or injury... 16 Common entrances to garages deemed party entrances maintainable at joint party expense... 16 THE RIGHT TO USE THE DUSTBIN SITE PROVIDED... 16 (Original lease: End of Page 6)... 16 THE THIRD SCHEDULE (EXCEPTIONS AND RESERVATIONS)... 16 THE LEASE IS GRANTED SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS:... 16 THE RIGHTS OF THE OTHER LESSEES SHALL NOT BE COMPROMISED BY THE ISSUANCE OF THIS LEASE OR NEW LEASES FOR FLATS NOT YET BUILT.... 16 THE RIGHT OF THE LESSOR TO EXECUTE WORKS AND ERECT BUILDINGS WITHOUT CONSENT OR COMPENSATION... 17 THE RIGHT OF THE LESSOR TO ALTER THE GROUNDS AND DRIVES WITHOUT CONSENT OR COMPENSATION... 17 THE RIGHT OF THE LESSOR TO ACCESS A FLAT TO LAY, INSPECT AND MAINTAIN THE COMMON NECESSARY UTILITIES AND SERVICES (SEWERS, ELECTRICITY ETC)... 17 THE RIGHT TO USE THE DUSTBIN SITE... 17 (Original lease: End of Page 7)... 17 Page 2 of 17
Preface The following document is an exact copy of the lease for Flat Number 31 Compton Court meaning that the wording and paragraph numbers appear exactly as they do on the original. About Headings & Contents To this copy of the lease are added headings in three levels. This has allowed a table of contents to be constructed for easy reference. The headings are all in bold type while the original text is all in normal type. Bold type therefore distinguishes the added headings from the original text. About Variations in leases Those paragraphs which are specific to a particular lease such as the flat number and including those paragraphs that have been specifically typed into the printed lease form are all coloured red in the text. About Page Numbers Page numbers in this document do not and cannot correspond with the page numbers of the original lease. However, to allow easy reference to the original lease document, markers in the form (Original lease: End of Page1) have been added to the text in the positions of the original document page boundaries. Indexing Indexing this document was thought to be unnecessary. However, being a Word document, it is easy to find any word or phrase. (To find a word or phrase, hold the Ctrl key down and press the F key. Enter the word or phrase to find in the dialog box then press Find next.) Disclaimer The original lease appears to be standard in format and wording for all the blocks in Chidham Park but with minor variations. This, however, is not guaranteed. Also, leases which have been extended might vary slightly. Every care has been taken to be accurate with this reference copy and its formatting. Nevertheless, the headings are a personal interpretation of the text and so you should only use this document as a reference to your own original lease. Page 3 of 17
H. M. LAND REGISTRY LAND REGISTRATION ACTS 1925 AND 1936 County: HAMPSHIRE Title No: HP 40744 Property: Flat 31 Compton Court Chidharn Park Havant Parties to the lease THIS LEASE is made the Twenty sixth day of August One thousand nine hundred and sixtyeight Between PAGES LUXURY FLATS LIMITED whose registered office is situate at 609 Walsall Road Birmingham 22A (hereinafter called " the Lessor " which expression shall where the context so admits include the person for the time being entitled to the reversion immediately expectant on the determination of the term hereby created) of the first part PAGE JOHNSON CONSTRUCTIONS LIMITED of 609 Walsall Road aforesaid (hereinafter called "the Company") of the second part and FREDERICK CHARLES COFFEY and BEATRICE ADA COFFEY both of 163 Hazleton Way, Cowplain, Hampshire (hereinafter called " the Lessee " which expression shall where the context so admits include his successors in title) of the third part. WHEREAS: Description & Ownership of Compton Court (1) The Lessor is registered at H.M. Land Registry as proprietor with absolute title of the freehold property comprised in the title above referred to and the curtilage of the block of flats consisting of thirty two flats shortly known as Compton Court (hereinafter called the block ") and the gardens and grounds thereof are part of the said freehold land. The right to enforce restrictions (2) The Lessor has previously granted leases of or intends hereafter to grant leases of the flats in the block other than the premises hereby leased and the Lessor has in every lease imposed and intends in every future lease to impose the restrictions set forth in the First Schedule hereto to the intent that any owner or lessee for the time being of any part of the block or any flat therein may be able to enforce the observance of the said restrictions by the owners or occupiers for the time being of the other flats. Grant of the lease (3) The Lessor has agreed with the Lessee for the grant to the Lessee of a lease of the property hereinafter described for the consideration at the rents and on the terms and conditions hereinafter appearing. The retained premises (4) The Lessor will retain parts of the block and certain ground common to the owners or occupiers of the flats within the curtilage of the block and to be used in common with the Lessor its successors in title and tenants and the lessees of all the flats (hereinafter called " the retained premises ") and such other parts (if any) of the block which shall not be Page 4 of 17
demised as aforesaid and which are more particularly referred to in paragraph 1 of the Second Schedule hereto. NOW THIS DEED WITNESSETH as follows: Description of the flat demised 1. In pursuance of the said agreement and in consideration of the sum of THREE THOUSAND SEVEN HUNDRED AND FIFTY POUNDS paid/by the direction of the Lessor/to the /Company / Lessor / by the Lessee on or before the execution hereof (the receipt whereof the Company / Lessor acknowledges) and of the rents and covenants hereinafter reserved and contained and on the part of the Lessee to be paid observed and performed THE Lessor HEREBY DEMISES unto the Lessee ALL THAT the flat (hereinafter called "the flat)numbered 31 and being on the second floor of the building (including and subject to the provisions of Clause 10hereof one half part in depth of the structure between the floors of the flat and the ceilings of the flat below it and of the structure between the ceilings of the flat and the floors of the flat above it and the internal and external walls between such levels) the situation whereof is shown on the plan annexed hereto and thereon coloured red (Original lease: End of Page 1) TOGETHER with the lockable car space hereinafter called the garage on the land coloured blue on the said plan Term of the lease and rent TOGETHER ALSO with the easements rights and privileges mentioned in the Second Schedule hereto SUBJECT as therein mentioned EXCEPT AND RESERVING and subject as mentioned in the Third Schedule hereto TO HOLD the same unto the Lessee for the term of NINETY-NINE YEARS from the Twenty-fifth day of March One thousand nine hundred and sixty eight YIELDING AND PAYING therefore during the said term the yearly rent of Twenty two pounds ten shillings by an annual payment on the Twenty-ninth day of September in every year without any deduction such payment being in respect of the period from the preceding Twenty-fifth day of March : and in advance for the six months to the Twenty-fifth day of March next in every year the first of such payments or a proportionate part thereof and from the date hereof or such other date as has been agreed to be made on the grant hereof AND ALSO PAYING yearly during the term hereby granted by way of further or additional rent a due proportion as certified by Auditors to be appointed by the Lessor of all moneys expended pursuant to the Lessor's obligations hereunder in the maintenance or repair of the block and common grounds and provision of services as hereinafter provided for and which is attributable to the demised premises PROVIDED NEVERTHELESS that in calculating the moneys expended for the purposes of this provision the cost of employing agents surveyors and managers shall be included. Page 5 of 17
Duties of the Lessee To observe and perform the restrictions contained in the First Schedule 2. THE Lessee HEREBY COVENANTS with the Lessor and with the owners and lessees of the other flats comprised in the block that the Lessee and the persons deriving title under him will at all times hereafter observe and perform ALL AND SINGULAR the restrictions set forth in the First Schedule hereto TO THE INTENT that the benefit of this covenant and the said restrictions may be annexed to each and every part of the block. 3. THE Lessee HEREBY COVENANTS with the Lessor as follows: To pay the rent on time 1. To pay the reserved rents on the days and in the manner aforesaid To pay all taxes and charges imposed upon the flat 2. To pay and discharge all existing and future rates taxes assessments and outgoings whether parliamentary local or otherwise now or hereafter imposed or charged upon the flat or any part thereof or on the Lessor or Lessee in respect thereof respectively To contribute a half share to the repair of party walls etc 3. To pay and contribute the Lessee's one half share of the expense of making supporting maintaining repairing and renewing all walls and structures which are by Clause 10 hereof declared to be party walls or structures the amount of the half share due from the Lessee in case of dispute to be settled by the Lessor's Surveyor for the time being whose decision shall be final. To maintain repair decorate and keep clean the interior of the flat 4. To keep the interior of the flat and every part thereof in good and tenantable repair and condition throughout the term hereby granted and from time to time well and substantially repair and cleanse and so repaired and cleansed to keep the flat and all additions thereto and the Landlord's fixtures therein and in particular in the year One thousand nine hundred and seventy one and thereafter once in every five years of the term hereby granted to paint all the inside wood and ironwork usually painted of the flat and all additions thereto in a proper and workmanlike manner and to paper colour distemper and varnish all such parts of the same as have been or are usually so papered coloured distempered or varnished Items specifically included in maintenance: AND IT IS HEREBY DECLARED AND AGREED that there is included in this covenant as repairable by the Lessee (including replacement whenever such shall be necessary) the ceilings and floors of the flat and the windows and the glazing thereto and the exterior of the front entrance door of the flat Page 6 of 17
Notifications if floor is to be repaired: PROVIDED ALWAYS that the Lessee shall not repair or replace the said floors without giving notice thereof to the Lessor or its successors in title and to the occupier of the flat immediately below of his intention so to do stating the details of the work intended to be done so that the occupier of the lower flat may take such precaution as he may be advised for the protection of the ceilings of the lower flat. To keep stairwells clean and water the plants 5. At weekly or more frequent intervals during the term hereby granted to water plants (if any) and to clean all stairs halls lobbies and passages serving the flat and so that the Lessee shall be responsible for cleaning the flight of stairs adjacent to the door of the demised premises and landing or entrance lobby terminating that flight. Protect water pipes from frost damage 6. To protect water pipes and fittings by wrapping during severe frost Keep windows and cisterns clean and drains free 7. To keep all windows and cisterns of the flat properly cleansed and in particular to clean all windows at least once in every month and all cisterns at least twice in every year and to keep the drains free from stoppage and not to use the water-closet for disposal of refuse Maintain all pipes wires ducts etc used solely for the flat 8. To keep in repair and replace when necessary all cisterns pipes wires ducts and any other thing installed for the purpose of supplying water (cold or hot) and electricity and for the purpose of draining away water and soil or for allowing the (Original lease: End of Page 2) escape of steam or other deleterious matter from the flat in so far as such pipes wires ducts or other things are solely installed or used only for the purposes of the flat and for the purpose of such repair and replacement the Lessee and his workmen shall have access to such pipes wires ducts or other things where they are in upon or under the parts of the block used in common by all the lessees of flats therein upon proper notice to the Lessor being given To permit entry and inspection of the condition of the flat 9. To permit the Lessor and its agents with or without workmen and others at reasonable times to enter upon and examine the condition of the flat and garage (if any) and thereupon the Lessor may serve upon the Lessee notice in writing specifying any repairs necessary to be done and requiring the Lessee forthwith to execute the same and if the Lessee shall not within one month after the service of such notice or earlier if necessary proceed diligently with the execution of such repairs then to permit the Lessor to enter upon the flat and garage {if any) and execute such repairs and the cost thereof shall be debt due Page 7 of 17
to the Lessor from the Lessee and be forthwith recoverable by action. And the Lessee shall pay all expenses including Solicitors' and Surveyors' costs and expenses incurred by the Lessor incidental to the preparation and service of a notice under Section 146 of the Law of Property Act 1925 or any statutory reenactment thereof notwithstanding forfeiture is avoided otherwise than by relief granted by the Court Sub-lettings No under-letting of part of the flat 10. (A) Not without the consent in writing of the Lessor previously obtained to underlet or part with the possession of the flat or any part thereof or garage (if any) other than by an assignment of the whole No under-letting of the flat without vetting and consent in writing (B) Not to assign underlet part with the possession of or share the flat and garage (if any) or any part thereof to or with any person who would not in the opinion of the Lessor be acceptable as a lessee of an adjoining flat and to obtain the consent in writing of the Lessor to any assignment or underlease such consent not to be withheld in the case of a proposed assignee or underlessee who shall be so acceptable (C) Within one month after every assignment assent transfer or underlease (otherwise than by way of mortgage) of the flat and garage (if any) to give notice thereof in writing with particulars thereof to the Lessor or its Solicitors as the Lessor may direct and to produce such assignment assent transfer or underlease to the Lessor or its Solicitors in the case of a devolution of the interest of the Lessee not perfected by an assent within twelve months after the happening thereof to produce to the Lessor or its Solicitors the probate of the Will or Letters of Administration under which such devolution arises To pay to the Lessor or its Solicitors a registration fee of Two guineas in respect of each such assignment assent transfer or underlease. Actions of the lessee Conduct 11. To maintain the flat and conduct himself in such a manner as shall be in conformity with a high class residential area. To preserve all rights of light and other easements 12. Throughout the term hereby granted so far as in his power lies to preserve unobstructed and undefeated all rights of light and other easements to the flat and the block in anywise appertaining and to present and at all times to afford to the Lessor such facilities and assistances as may enable it to prevent the acquisition by anyone of a prescriptive right of light or any other easements over the flat or the block or any part thereof. Page 8 of 17
Give back the flat at the end of the lease 13. At the expiration or sooner determination of the term hereby granted to yield up to the Lessor the flat and garage (if any) and all fittings and fixtures therein which during the said term may be fixed or fastened to the flat and garage (if any) (except tenants fixtures) in tenantable repair and in accordance with the Lessee's covenants herein contained together with all additions and improvements made thereto in the meantime Insure the flat against damage by fire 14. To insure and keep insured in the joint names of the Lessor and the Lessee the flat and garage (if any) and Landlord's fixtures of an insurable nature from time to time erected or standing upon or affixed to the demised land against loss or damage by fire with an insurance office approved by the Lessor in writing in a sum equal to the full replacement value thereof and to pay all premiums necessary for that purpose within fourteen days after the same shall become due and whenever required so to do to produce to the Lessor or its Agent at the Lessor's or its Agent's office or at such other address as the Lessor shall stipulate the policy or policies of insurance and the receipt for the current year's premium or premiums and in case of fire forthwith out of the money received by virtue of such insurance and out of his own money if necessary in common with the other lessees to rebuild repair or otherwise reinstate the flat and garage (if any) in a good and substantial manner under the direction and to the satisfaction of the Surveyor for the time being of the Lessor the premises destroyed or damaged. And that if the Lessee shall at any time fail to insure or keep insured the flat and garage (if any) or to produce the receipt for any premium upon request the Lessor may do all things necessary to effect or maintain such insurance and all moneys expended by it for that purpose shall be repaid by the Lessee with interest at the rate of six pounds per centum per annum on demand. Maintain the garage if any 15. To maintain and repair the said garage and the roof main walls and doors thereof, (if any) (Original lease: End of Page 3) Covenants of the Lessor 4. THE Lessor HEREBY COVENANTS with the Lessee as follows: To repair and maintain premises drives and grounds but at lessee s expense 1. Subject to the Lessee contributing a due proportion of the cost thereof as hereinbefore provided a. To repair and maintain and keep in repair and maintained the retained premises the drives and grounds at the front rear and side of the block the main structure of the block and the roofs and all Page 9 of 17
external parts (excluding the glass of the windows) thereof and all sewers drains pipes ducts conduits party walls and fences other than those repairable by the lessees under their respective leases PROVIDED ALWAYS and it is expressly agreed that/neither/the Lessor/nor the Company/shall/xxx/in any way be held responsible for any damage caused by any defects of or in relation to the block by any want of repair of the block or in or to any services thereof unless and until notice in writing of any such alleged neglect failure want of repair or defect as aforesaid has been given to the Lessor and the Lessor has failed to make good or remedy such neglect failure want of repair or defect alleged as aforesaid within a reasonable time of receipt of such notice b. To keep in good order and condition the garden pleasure ground and drives within the curtilage of the block and keep the same properly planted rolled mown or surfaced To keep the retained premises properly lighted c. To light all stairs passages and any part of the retained premises which would normally be lighted To ensure new lessees covenant to observe the restrictions of the First Schedule 2. That the Lessor will require every person to whom they shall hereafter transfer or grant a lease of any flat comprised in the block to covenant to observe the restrictions set forth in the First Schedule hereto To enforce the covenants as required (at lessees expense) 3. That (if so required by the Lessee) the Lessor will enforce the covenants similar to those contained in Clause 3 hereof entered into or to be entered into by the lessees of the other flats comprised in the block on the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement and providing such security in respect of costs and expens es as the Lessor may reasonably require. To grant the lessee uninterrupted enjoyment of the flat for the term of the lease 4. The Lessee paying the rent hereby reserved and performing and observing the covenants hereinbefore contained shall peaceably hold and enjoy the flat for the term hereby granted without any interruption by the Lessor or any person lawfully claiming through under or in trust for it. The Builder is responsible for the roads & sewers until adopted by local authority 5. THE XXXXXX/Company (which has undertaken with the Lessor to make up at its own expense the roads on the Lessor's said estate known as Chidham Park) COVENANTS with the Lessee that if the Lessor/Company will at its own expense Page 10 of 17
make and properly construct and complete Chidham Close Chidham Park Havant Hampshire (so far as it abuts the block) in a proper and workmanlike manner in accordance with the regulations and obligations first approved by the Local Authority and hereby indemnifies the Lessee from and against all actions claims costs expenses rates charges duties assessments and demands in respect of the said road or sewers and for the maintenance thereof until the same shall be taken over by the Local Authority and declared to be a public highway repairable by the inhabitants at large. 6. IN the event of the XXXXXX/Company agreeing (or agreeing to arrange with a] suitable alternative contractor) to undertake on the basis of contributions (as hereinbefore provided) to be made by each lessee in the block the maintenance and repair and external decoration of the structure thereof and the supply of certain services for the common benefit of such lessees the Lessee for himself and his successors in title and the persons deriving title under him or them hereby covenants with the Lessor/and as a separate covenant with the Company/ that he will make and enter into such arrangements and agreements from time to time as may be necessary to contribute to the XXXXXX/Company (or to such other contractors as aforesaid) the proportion attributable to the flat of the costs and expenses incurred by the XXXXXX/Company (or such other contractor as aforesaid) in the execution and performance of such services and will pay the due proportion of such costs and expenses as is attributable to the flat upon demand. Remedies for non-payment of rent or breach of covenant 7. If the rents hereby reserved or any part thereof shall be unpaid for twenty-one days after becoming payable (whether formally demanded or not) or if any of the covenants on the part of the Lessee herein contained shall not be observed and performed then and in any such case it shall be lawful for the Lessor or any person or persons authorised by it in that behalf at any time thereafter to re-enter the flat or any part thereof in the name of the whole and thereupon the term hereby created shall absolutely determine but without prejudice to any right of action or remedy of the Lessor in respect of any antecedent breach of the covenants by the Lessee hereinbefore contained. Lessor s disclaimer for loss or injury due to failure of electric lights in the stairwells 8. (A) NEITHER/the Lessor/nor the Company/shall/XXXX/be responsible to the Lessee or his servants or invitees for any inconvenience loss damage or injury to them or their property occasioned by the failure from whatsoever cause of the electric light in the staircases landings passages and entrance hall of the block. (Original lease: End of Page 4) Lessor s disclaimer for loss or injury occasioned by another lessee or his guests (B) NEITHER/the Lessor/nor the Company /shall/xxx/be responsible for any injury accident or damage which might at any time during the said term be done Page 11 of 17
or occasioned to the Lessee or his family guests invitees or servants or to the demised premises and garage (if any) or any property therein by reason of any act negligence or default by any lessee tenant or other occupiers of the block or any part thereof 9. THE Lessee HEREBY DECLARES as follows:- Lessees to hold the flat & garage on trust 1. The Lessees shall hold the flat and garage (if any) UPON TRUST to sell the same with power to postpone the sale thereof and shall hold the net proceeds of sale and other money applicable as capital and the net rents and profits thereof until sale upon trust for themselves as joint tenants. 2. Until the expiration of twenty one years from the death of the survivor of the Lessees the Trustees for the time being of this Deed shall have power to sell mortgage charge lease or otherwise dispose of the fiat and garage (if any) with all the powers in that behalf of an absolute owner. Cost of maintaining Party walls and similar to be shared 10. ALL interior walls which are common to the flat hereby demised and any adjoining part of the block are hereby declared to be party walls and the expense of maintaining them shall be borne in equal shares by the Lessee and the lessee of the adjoining flat or part of the block All concrete construction works (no t being part of the structure of the block) dividing the flat hereby demised from any other flat or other part of the block above or below it are hereby declared to be party structures and the expense of maintaining them shall be borne in equal shares by the Lessee and the lessee of the flat or other part of the block above or below the flat hereby demised. Meanings of expressions UNLESS the context otherwise requires the following expressions appearing herein and in the Schedules hereto shall have the meanings hereby assigned to them that is to say: Words importing the masculine gender only shall include the feminine gender Words importing the singular number only shall include the plural number and vice versa and where there are two or more persons included in the expression the Lessee " covenants expressed to be made by the Lessee shall be deemed to be made by such persons jointly and severally. Lease does not form part of a larger transaction IT IS HEBEBY CEBTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds five thousand five hundred pounds Page 12 of 17
IN WITNESS whereof the Lessor/and the Company/XXXX have caused XXX/their Common Seal/s to be affixed and the Lessee has set his hand and seal the day and year first before written. The First Schedule (Restrictions and Regulations) THE FIRST SCHEDULE Restrictions and Regulations Not to build alter or injure premises without consent in writing 1. Not without the previous consent in writing of the Lessor or its Agent and upon payment of the Lessors and its Surveyors' costs in connection with such consent and its application therefore to erect any other building or erection on the fiat nor to make any alteration in or addition to the same nor remove any partitions doors cupboards or other fixtures nor to cut maim or injure any of the walls or the timbers thereof nor to commit or allow any waste or spoil in or about the flat nor to use the communal staircases or corridors in such a way as would obstruct the free user thereof by the Lessor or the owners or occupiers of the adjoining flats. No trade plates or similar to be displayed 2. Not to affix or exhibit or paint on any door of the flat or garage (if any) or of the block or at or near to any of the entrances thereof respectively any plate name or notice except only in the space assigned for that purpose at the front entrance to the block a plate or card bearing only the name of the Lessee and without any indication of his trade profession or business and not to exhibit in any window or upon any external part of the block or any part of the common entrance hall staircases landings or passages any trade professional or business notice or advertisement whatsoever. No anti-social behaviour 3. Not to do or permit or suffer to be done in or upon the flat or garage (if any) anything which may be or become a nuisance annoyance or cause damage or inconvenience to the Lessor its successors in title or its or their lessees tenants or the occupiers or owners of the adjoining flats or which may render void or voidable any insurance for the time being effected on any individual flat or the block (including the flat) or whereby the rate of premium may be increased or do anything injurious or detrimental to the reputation of the block as private residential flats and in particular not to permit any singing or instrumental music therein between the hours of 11 p.m. and 7 a.m. nor to use or permit or suffer to be used a wireless or television set so as to be audible in any adjoining premises if the occupier thereof objects and not to suffer or permit the flat to be used for any illegal or immoral purposes. Page 13 of 17
Carpets & underfelts to be laid 4. To use the flat for the purposes of a private residence of the Lessee only and to lay and keep in repair carpets and underfelts on the floors of living rooms and bedrooms Proper disposal of refuse 5. To place refuse in proper receptacles provided for that purpose and not to dispose of refuse in any other manner. (Original lease: End of Page 5) No parking on lawns or drives 6. Not to use the lawns or drives of the block as a place for the parking or garaging of cars. Laundry not to be hung anywhere other than the designated area 7. Not to hang washing or similar items in any place other than in the place (if any) set aside by the Lessor for that purpose. Fire escape balcony to be kept clear 8. Not at any time during the tenancy to block or permit any fire escape balcony to be locked or to use or permit any such balcony (if any) to be used for any purpos e other than for Emergency Exits. No TV aerials other than those provided 9. Not to install or use any wireless or television aerial other than that (if any) installed by the Lessor or a portable aerial Not to paint or interfere with the outside of the flat 10. Not to paint the outside of the flat or in any way interfere with or damage the exterior thereof. No sales by auction in the flat 11. Not to permit any sale by auction to be held in the flat. Not to interfere with any utility supply to the flat 12. Not to obstruct or interfere with or damage any culvert manhole ra inwater pipe drain brick drain brook open watercourse or ditch which may be on the curtilage of the block or erect anything over the same and shall at all times keep the same clear and open. To keep driveways, ground and forecourts clear of obstructions particularly motor vehicles 13. At all times to keep the driveways grounds parking areas and forecourts of block and of any garages carports and parking spaces used in connection therewith free from obstruction from any cause whatever and in particular from the stationing there of any motor car or other vehicle on any part of the retained premises except with the written authority of the Lessor. Page 14 of 17
Not to do anything that may cause subsidence of adjoining land 14. Not to do any act or thing to let down or cause any subsidence of any adjoining land Not to use the garage (if any) except to garage a private vehicle 15. Not to use the garage (if any) except for the garaging of private motor vehicle in connection with the use and enjoyment of the flat. The Second Schedule (Easements Rights and Privileges) THE SECOND SCHEDULE Easements Rights and Privileges included in the Lease There shall be included in this demise The common right to use entrance ways, drives and grounds (for access and egress only) at the Lessee s own risk 1. The right in common with the Lessor its successors in title and its or their lessees tenants or occupiers of all other flats in the block and all others having the like right to use for purposes only of access to and egress from the flat the entrance hall landings and staircases and other conveniences in or about or leading to the block and such passage therein as are not included in any of the flats and the common gardens pleasure grounds and drives within the curtilage of the block which common gardens and pleasure grounds are for the purposes of identification only delineated on the plan attached hereto and thereon hatched black subject to such restrictions for the common enjoyment thereof as are hereinbefore contained and in all such things at the Lessee's own risk. Free access to adjacent grounds for the repair of utility supplies 2. Free passage and running of water and soil gas electricity (and telephone and television services if any) to and from the flat through the pipes sewers drains gas pipes cables wires and meters situated in on or under the adjoining property of the Lessor together with all necessary rights of entry with or without servants contractors or others and all necessary appliances tools plant and equipment into and upon the said adjoining property for the purpose of repairing maintaining replacing renewing or servicing the said pipes sewers drains gas pipes cables wires and meters the person or persons exercising such right forthwith making good all damage thereby occasioned. The right to benefit from the conditions imposed on all the flats of the block 3. The benefit of the stipulations and restrictions imposed on the lessees of the other flats in the block 4. The right of vertical lateral subjacent or other support and all other easements now enjoyed or to be hereafter enjoyed by the flat over or in connection with the Page 15 of 17
remaining flats forming part of the block together with the right of support from the soil and sub-soil thereof Full right at all times to walk or drive on the Lessor s estate in a proper manner 5. Full right and liberty at all times to pass and repass on foot and (where the road private ways driveways passageways footpaths are adapted for use by vehicles but not elsewhere) with vehicles over and along the road aforesaid the private ways driveways passageways and footpaths on the Lessor's Estate for the purpose of going to and from the flat... Lessor s disclaimer for liability against damage or injury Provided that/neither/the Lessor/nor the Company /shall /XXXX/be under any liability whatsoever for any damage or injury sustained or suffered by the Lessee or any person or persons authorised by him in exercising this right to pass and repass over and along the said road and private ways drives and passages and footpaths Common entrances to garages deemed party entrances maintainable at joint party expense And provided any common entrances to garages are deemed to be party entrances maintainable at the joint expense of the persons entitled to use the same subject to the payment of a proportionate part of the expense of keeping the whole of such common ways in repair. The right to use the dustbin site provided 6. The right to use for the purpose of keeping a dustbin the site pro vided therefor (Original lease: End of Page 6) The Third Schedule (Exceptions and Reservations) THE THIRD SCHEDULE Exceptions and Reservations The lease is granted subject to the following exceptions and reservations: There is excepted and reserved out of this Lease to the Lessor and the lessees of the other flats comprised in the block and the Lease is granted subject to: The rights of the other lessees shall not be compromised by the issuance of this lease or new leases for flats not yet built. 1. The covenants hereinbefore contained and the restrictions and stipulations set out in the First Schedule hereto so far as the same relate and are applicable to this demise or the block. 2. The rights of other parts of the block to be supported in the manner before - mentioned by the flat as the same now are or will be upon the completion of the block. Page 16 of 17
3. All easements and similar rights enjoyed or to be enjoyed by the other flats in the block including the rights of passage and running of electricity telephone wires or cables water and soil through the pipes wires conduits and drains in under or upon the flat. The right of the Lessor to execute works and erect buildings without consent or compensation 4. Full right and power for the Lessor and its successors in title without consent from or making compensation to the Lessee to execute such works and erections upon and to use any of their neighbouring or adjacent land and property in any manner they might think fit notwithstanding that the access of light or air or any other easement (except right of support and of free passage of electricity water and soil) enjoyed by the demised premises may be thereby affected or diminished. The right of the Lessor to alter the grounds and drives without consent or compensation 5. The right for the Lessor and it successors in title throughout the term hereby granted to alter the position or area of the common pleasure grounds and drives within the curtilage of the block and the position and extent of entrances to the said common ground but so that in doing so the Lessor or its successors in title will ensure adequate access to a road or roads on the Lessor's Estate In exercising such right the Lessor or its successors in title shall not be required to obtain the consent of or pay compensation to the Lessee. The right of the Lessor to access a flat to lay, inspect and maintain the common necessary utilities and services (Sewers, electricity etc) 6. The right to lay under over or through the flat the necessary pipes cables and meters for water gas electricity telephone and television services to serve the Lessor's adjoining or adjacent property or properties and also the necessary sewers for the like purposes with full right and liberty to use such pipes cables meters and services and with or without workmen to enter upon the flat for the purpose of inspecting maintaining repairing and renewing the said pipes cables meters and services the person or persons exercising such right forthwith making good all damage thereby occasioned. The right to use the dustbin site 7. The right to use for the purpose of keeping dustbins the sites provided therefor. (Original lease: End of Page 7) Page 17 of 17