H M LAND REGISTRY
LAND REGISTRATION ACTS 1925 TO 1990
COUNTY/DISTRICT : London Borough of Lambeth
TITLE NUMBER :
PROPERTY :
First Floor Flat
Second Floor Flat
PARTICULARS
Column 1 Column 2
LESSOR
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LESSEE
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PREMISES Ground Floor flat and Rear Garden/
First/Second Floor Flat
situate at
as the same is more particularly described in the First Schedule
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BUILDING All that freehold property situate and known as
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CONSIDERATION £
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TERM 125 years from the 25th of March 1999
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PRINCIPAL RENT £100:00 ( One Hundred Pounds) per annum until the
24th March 2024 thereafter until the 24th March
2049 the sum of £200:00 ( Two Hundred Pounds) per annum
thereafter until the 24th March 2074 the sum of £300:00
( Three Hundred Pounds) per annum thereafter until the
expiry of the term the sum of £400:00 ( Four Hundred
Pounds) per annum
DATE OF FIRST The date hereof in respect of the rent due to
PAYMENT the 24th March 2000
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INSIDE PAINTING 2003 and every four years thereafter and the last year
YEARS of the term
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REGISTRATION £25.00 plus VAT
FEE
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INTEREST RATE 4 per cent above the base rate of Barclays Bank PLC or
its successors
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SERVICE CHARGE One Third
PERCENTAGE
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T H I S L E A S E made the day of
One thousand nine hundred and ninety nine B E T W E E N
(1) THE LESSOR (2) THE LESSEE
W I T N E S S E S:-
Interpretation IN THIS LEASE:-
1. (a) THE expressions set out in Column 1 of the Particulars have the meanings set out in Column 2 of the Particulars and
"Lessor" includes where the context admits the person or persons for the time being entitled to the reversion immediately expectant upon the determination of the Term
"Lessee" includes where the context admits the successors in title of the Tenant
"Premises" includes all additions and improvements thereto and all fixtures therein or thereupon other than tenant's and trade fixtures
(b) THE following expressions shall have the following meanings:-
"Building" means the building of which the Premises form part and described in the Particulars hereto
"the Flats" means the flats or suites of rooms forming part of the building and "the Flat" has a corresponding meaning
"Insured Risks" means the risks specified in Clause 2(a) of the Sixth Schedule
"determination of the said term" means the determination of the term hereby granted by effluxion of time or by re-entry under the provisions of this Lease or by Notice or by any other means or cause whatsoever
"License of the Landlord" means a license in writing signed by the Landlord
"approved" and "authorized" means as the case may be approved or authorized in writing by or on behalf of the Landlord
"Owner" in relation to a flat means in the case of a flat let or demised (otherwise than by way of Mortgage) by the Lessor at a rent less than two-thirds of the present net rateable value thereof the holder of the term created by such letting or demise and in the case of a flat not so let or demised the Lessor and "ownership" in relation to a flat has a corresponding meaning
"the Demised Premises" means the flat hereby demised as shortly described in the particulars hereto and more particularly described in the First Schedule hereto including for the purposes of obligation as well as of grant the walls ceilings floors cisterns tanks sewers drains pipes wires ducts and conduits specified in the said First Schedule
"the Reserved Property" means that part of the Building not included in the flats and more particularly described in the Second Schedule hereto
"Surveyor" means the Surveyor for the time being of the Lessor
" accounting period" means the period commencing on the 1st day of April and ending on the 31st day of March in each year or such other period as the Lessor may designate
(c) REFERENCE to any Act of Parliament includes references to any statutory modification or re-enactment thereof for the time being in force and to subordinate legislation or bye-laws made thereunder
(d) REFERENCE in this lease to any right exercisable by the Landlord and reserved to the Landlord or any right exercisable by the Tenant shall be construed as including (where appropriate) the exercise of such right in common with the Landlord and all other persons having a like right or to whom such right may be granted
(2) The Lessor is owner of the above mentioned freehold property on which is erected the building
(3) The Lessor has and intends that upon any transaction by which the Lessor parts with the ownership of any flat the person becoming the owner of that flat has or shall enter into a covenant with the Lessor to observe and perform in relation to the flat stipulations in similar terms to those set out in the Fifth Schedule hereto to the intent that the owner of any flat may enforce the observance by the Owner of any other flat of the said stipulations
NOW THIS DEED WITNESSETH as follows:-
1. IN consideration of the sum set out in the particulars paid by the Lessee to the Lessor (the receipt whereof the Lessor hereby acknowledges) and of the rent and covenants on the part of the Lessee hereinafter reserved and contained the Lessor HEREBY DEMISES unto the Lessee ALL THAT the demised premises TOGETHER WITH the rights set out in the Third schedule hereto BUT SUBJECT and EXCEPT AND RESERVED as set out in the Fourth Schedule hereto and SUBJECT to the covenants on the part of the Lessee hereinafter contained TO HOLD the same unto the Lessee from the date of the commencement of the term set out in the particulars for the term set out in the particulars PAYING THEREFOR FIRST the rents specified in the particulars hereto in advance on the 25th March each year the first proportionate payment to be made on the execution of this Lease and SECONDLY the annual Service Charge (payable and recoverable as rent) referred to in Paragraph 27 of the Fifth Schedule of this Lease such sums to be paid at the times and in manner hereinafter specified and THIRDLY in the event of any rent or Service Charge payable by the Lessee hereunder being unpaid for fourteen days from the date when the same shall become due further rent shall become payable until the date of actual payment at a rate equal to interest at 4% above Barclays Bank Plc Base Rate from time to time prevailing (but so that the rate shall not be less than 15 per cent) on the rent then outstanding PROVIDED ALWAYS that at no time shall the Lessee be required to pay a rent that would under legislation be restricting or controlling rents fall to be treated as a rack rent and which would prohibit the charging of a premium on an assignment and in such case rents hereby reserved shall only be payable to the extent that the same would be immediately within the provisions of such legislation and below any rent limit imposed by such legislation
2. THE Lessee HEREBY COVENANTS with the Lessor that the Lessee will observe and perform the covenants and obligations on the Lessee's part set out in the Fifth Schedule hereto
3. THE Lessor HEREBY COVENANTS with the Lessee:
(a) that he will observe and perform the obligations on his part set out in the Sixth Schedule hereto PROVIDED that the Lessor shall not be liable for any failure or omission at any time or from time to time during the term hereby granted to provide supply procure any or all of the said obligations if he shall be prevented hampered or restricted in any way from so doing by virtue of strikes lockouts non availability of or restriction upon supplies or materials or labour or other services weather conditions inevitable accident emergency act of God or by any cause whatsoever or howsoever arising and not within the control of the Lessor
(b) that the Lessee paying the rent hereby reserved and performing and observing the covenants on the Lessee's part herein contained shall peaceably hold and enjoy the demised premises for the term hereby granted without any interruption by the Lessor or any person lawfully claiming under or in trust for him
(c) that on the grant of any Lease of any other flat in the building on such terms that the Lessee thereof becomes an owner of such flat the Lessor will insert in such Lease covenants by the Lessee to observe and perform in relation to such flat stipulations in similar terms to those set out in the Fifth Schedule hereto and at the request of the Lessee will enforce the observance of the covenants by the other Lessees in the building on the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement and providing security in respect of costs and expenses as the Lessor may reasonably require AND while any other flat or flats in the building are not let on such terms that the Lessee thereof becomes an owner of that flat the Lessor will observe and perform in relation to such flats the stipulations set out in the Fifth Schedule hereto
4. IT IS HEREBY AGREED AND DECLARED that:-
(a) If and whenever all or any part of the yearly rent or Service Charge hereby reserved shall be in arrear and unpaid for fourteen days after the same shall become due (whether the same shall have been legally demanded or not) or if default shall be made in the performance or observance of any of the covenants obligations or provisions herein contained or referred to on the part of the Lessee then and in any such case it shall be lawful for the Lessor at any time thereafter without prejudice to any other right or remedy and notwithstanding the waiver of any previous right of re-entry into and upon the demised premises or any part thereof in the name of the whole to re-enter and upon any such re-entry the term hereby granted shall cease and determine
(b) The Lessor shall not be liable or responsible for any damage suffered by the Lessee or any servant agent or workman of the Lessee or any member of the Lessee's family or any guest of his arising from any cause whatsoever PROVIDED that this clause shall have effect subject to the Defective Premises Act 1972 or any statutory modification or re-enactment thereof for the time being in force
(c) The Lessor shall not be liable or responsible for any loss or damage suffered by the Lessee or any servant agent or workman of the Lessee or any member of the Lessee's family or any guest of his arising through the neglect or default of any servant employed by the Lessor in connection with the Building
(d) The Lessor shall not be liable for and no claim shall be made against the Lessor in respect of loss howsoever arising or to whomsoever attributable by theft or otherwise from the demised premises or any other part of the building or its curtilage of money jewellery articles of value or other property or effects belonging to the Lessee his family visitors or servants
(e) No diminution or abatement of rent Service Charge or other compensation shall be claimed or allowed for inconvenience or discomfort if any arising from the execution of building operations additions alterations decorations repairs or improvements to the building or its appliances or the cessation of any of the Lessor's obligations contained in the Sixth Schedule hereto save that the rent hereby reserved or a fair proportion thereof shall forthwith cease to be payable in the event of the demised premises being destroyed or so damaged by an insured risk until the demised premises shall have been restored and reinstated and again rendered fit for occupation nor for any space taken to comply with any law or ordinance or order of any governmental or other local or public authority nor for interruption or curtailment of service due to accident alternations or repairs desirable or necessary or to inability or difficulty in securing supplies of labour for the maintenance of such services or any other cause whatsoever beyond the control of the Lessor and the obligations of the Lessee under these presents shall not in any manner be modified or affected by any such interruption or curtailment
IN WITNESS whereof the parties hereto have executed this Deed the day and year first above written
IT IS HEREBY CERTIFIED that the transaction hereby effected does not for part of a larger transaction or series of transactions in respect of which the amount or aggregate amount or value or value of the consideration exceeds £250,000:00
THE FIRST SCHEDULE above referred to
ALL THAT the Flat shortly specified in the particulars and forming part of the Building ALL of which said premises are more particularly edged red on the plan attached hereto TOGETHER with the ceiling internal walls and plaster and plasterwork and floors of the flat but excluding the joists and beams to which the ceilings are attached and the Landlords fixtures and fittings therein AND TOGETHER with all cisterns tanks sewers drains pipes ducts and conduits used solely for the purpose of the flat but no others EXCEPT AND RESERVING from the demise only those parts of the Building described in the Second Schedule hereto
THE SECOND SCHEDULE above referred to
THE RESERVED PROPERTY
FIRST ALL THOSE the forecourts dustbin areas front garden and steps to the front door belonging to or forming part of the Building and boundary walls and fences thereof and the hall lobbies staircases landings and other parts of the building which are or may be used in common by the owner or occupiers of any two or more of the flats and any person or persons lawfully resorting thereto in connection with the services to the Building AND SECONDLY ALL THOSE the main structural parts of the Building including main structural walls and party walls the roofs chimney foundations and external parts thereof and the joists and beams of the Building (but not the glass of the windows of the Flats) and all cisterns tanks sewers drains pipes wires ducts wireless and television aerials and conduits and all other sanitary electrical and other installations and all boilers valves and other plant machinery used for the hot water and central heating system serving the Building not used solely for the purpose of any other flat and the joists or beams to which are attached any ceilings
THE THIRD SCHEDULE above referred to
RIGHTS INCLUDED IN THE DEMISE
1. The right in common with the Lessor the owners and occupiers of all others having the like right to use for purposes only of access to and egress from the demised premises all such parts of the Reserved Property as afford access thereto or escape in case of fire and specifically as to the land edged blue on the lease plan such rights to be exercised on foot only
2. The right of passage and running of gas electricity water soil and all other services from and to the demised premises through the sewers drains pipes wires ducts and conduits forming part of the Reserved Property
3. The benefit of any covenants entered into by the owners of other Flats with the Lessor so far as such covenants are intended to benefit the demised premises or the Lessee and so far as the benefit thereof can in law accrue to the demised premises or the Lessee
4. All rights of support shelter and protections and other easements and all quasi-easements rights and benefits of a similar nature now enjoyed or intended to be enjoyed by the demised premises but not so as to include any right of access of light or air to the demised premises which would restrict or interfere with the user of any adjoining or neighbouring lands for building or any other purpose
5. Such rights of access to and entry upon the Reserved Property and other Flats at reasonable times and upon reasonable notice (except in cases of emergency) as are necessary for the proper performance of the Lessee's obligations hereunder the Lessee doing as little damage as possible and make good at his own expense to the reasonable satisfaction of the Lessor's Surveyor all damage done
6. The right to keep one dustbin in the area designated for that purpose by the Landlord in the front garden
THE FOURTH SCHEDULE above referred to
RIGHTS TO WHICH THE DEMISE IS SUBJECT
1. All rights of support 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 building over the demised premises
2. The right of passage and running of gas electricity water soil and all other services from and to the Building or the Reserved Property through the sewers drains pipes wires ducts and conduits forming part of the demises premises
3. Such rights of access to and entry upon the demised premises at all reasonable times and upon reasonable notice (except in case of emergency) by the Lessor and the Owners of the other Flats as are necessary for the proper performance of their obligations hereunder or under covenants relating to other flat s and similar to those herein contained or otherwise the Lessor and the owners of the other Flats doing as little damage as possible and making good at his own expense all damage done
4. The burden of any covenants entered into by the Lessee with the owners of other Flats similar to those referred to (mutatis mutandis) in Paragraph 3 of the Third Schedule hereof
5. Full right and liberty at any time hereafter to stop divert or otherwise affect or alter any rights of way or other easements or privileges whether now in existence or which the Lessee may at any time during the term hereby created be using or enjoying (other than by virtue of these presents whether expressly or impliedly or of any grant or Licence in writing from the Lessor) over any adjoining land including the curtilage of the Building as appurtenant incident or belonging to the demised premises
THE FIFTH SCHEDULE above referred to
COVENANTS BY THE LESSEE WITH THE LESSOR
1. That the Lessee will during the continuance of the said term pay the said rents at the times and in manner aforesaid and pay and discharge all rates taxes duties charges assessments impositions and outgoings whatsoever whether or not of an annual or recurring nature which now are or shall hereafter be rated taxed charged assessed or imposed upon or payable in respect of the demised premises or any part thereof or upon or by the owner or occupier in respect thereof other than any fiscal charge relating to the reversionary interest of the Lessor
2. The Lessee shall during the continuance of the said term keep the demised premises and all parts thereof and all Landlords' fixtures and fittings well and substantially repaired maintained renewed amended and cleansed.
3. That the Lessee will in the years specified in the particulars paint with two coats of good oil paint in workmanlike manner all the wood, iron and other parts of the interior of the demised premises usually painted or which ought to be painted and shall in addition grain varnish distemper wash stain whiten and colour all such parts as are usually so or ought to be so treated and repapered the parts now papered with suitable paper of as good quality as that now in use.
4. That the Lessee will on the determination of the said term peaceably yield up unto the Lessor the demised premises well and substantially repaired maintained renewed amended cleansed painted grained varnished papered distempered whitened and coloured as aforesaid TOGETHER with all additions and improvements thereto and all Landlord's fixtures and fittings of every kind made in or upon the demised premises or which during the said term may be affixed or fastened to or upon the same
5. That every internal wall separating the demised premises from any other part of the Building shall be a party wall and shall be repaired and maintained as such
6. That the Lessee will permit the Lessor and the Surveyor with or without workmen and others at all reasonable times and upon reasonable notice to enter upon the demised premises or any part thereof and the reparation of the same and of all defects decays and wants of reparation found in breach of the covenants herein contained to make and give or leave notice in writing at or upon the demised premises to or for the Lessee who will with all proper despatch and in any case within two months then next following well and sufficiently repair and amend the demised premises accordingly AND will pay and discharge on demand all reasonable costs charges and expense (including legal costs and any fees payable to the Surveyor) properly incurred by the Lessor of and incidental to the preparation and service of such notice PROVIDED ALWAYS that in case of any default in the performance by the Lessee of the foregoing covenant and if the same be not in fact remedied within two months after notice requiring the same to be done shall have been given to the Lessee or left on the demised premises it shall be lawful for the Lessor (but without prejudice to any other right of remedy) to enter upon the demised premises and repair or put in order the same or carry out any such works at the expense of the Lessee in accordance with the covenants and provisions of this Lease AND the reasonable costs and expenses thereby properly incurred by the Lessor shall be repaid to the Lessor by the Lessee on demand and shall be recoverable as if the same were rent in arrear
7. That the Lessee will permit the Lessor and the Surveyor and the owners and occupiers of other flats with or without workman and others at all reasonable times during the daytime on giving reasonable notice to enter upon the demised premises as may be necessary and to execute any necessary works thereon for repairing altering or rebuilding any adjoining or contiguous premises including the Reserved Property or for cleaning emptying renewing or repairing any of the sewers drains gutters or rainwater water and gas pipes and ducts wires and conduits belonging to the same doing as little damage as possible and forthwith making good to the Lessee any damage thereby occasioned to the demised premises and so far as any defects remedied by the Lessor may be included in the Lessee's covenant to repair hereinbefore contained or may be caused by the act neglect or default of the Lessee then the proper costs of remedying such defects shall be a debt due from the Lessee to the Lessor and shall be forthwith recoverable as if the same were rent in arrear
8. That the Lessee
(a) will permit the Lessor and his servants and agents with or without workmen at reasonable times and (except in cases of emergency) on giving reasonable notice to enter upon the demised premises as may be necessary and to execute thereon any necessary works and to do all acts and things thereon or therein in carrying out obligations under the covenants on the part of the Lessor contained in the Sixth Schedule hereto.
(b) will forthwith give written notice to the Lessor of any defects or wants of repair of the demised premises
9. The Lessee will permit the Lessor and his Agents with or without workmen and others to enter upon the demised premises for the purpose of affixing and maintaining upon any suitable part thereof a notice board for reletting the same AND will not remove or obstruct such board and will permit all persons with a written order from the Lessor to have free and unrestricted access into and over the demised premises at all reasonable time in the daytime and on giving reasonable notice for viewing the same and if desired for making plans and taking measurements PROVIDED that the rights under this paragraph shall not be exercised except at any time or times within three months next before determination of the term hereby granted
10. That the Lessee will not do or permit or suffer any act matter or thing in or upon the demised premises which may render any increased or extra premium to be payable for the insurance of the building or which may make void or voidable any policy of such insurance and to indemnify the Lessor against any increased or additional premium which by reason of any such act or default of the Lessee may be required for effecting or keeping up any such insurance and in the event of the demised premises or the Building or any part thereof being damaged or destroyed by fire or any other risk insured in accordance with the provisions hereinafter contained at any time during the term hereby granted and the insurance money under any insurance policy effected thereon in accordance with such provisions being wholly or partially irrecoverable by reason solely or in part of any act or default of the Lessee then and in every such case the Lessee will forthwith pay to the Lessor the whole or (as the case may require) a fair proportion of the cost of rebuilding and reinstating the same any dispute as to the proportion to be so contributed by the Lessee or otherwise in respect of or arising out of this provision to be referred to arbitration in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
11. That the Lessee will not assign transfer underlet or part with possession of any part of the demised premises (as distinct from the whole) without the previous consent in writing of the Lessor such consent not to be unreasonably withheld and to be subject to compliance by the Lessee with the provisions of paragraphs 12 and 13 of this Schedule
12. (i) That the Lessee will cause to be inserted in every underlease (whether mediate or immediate) except in the case of a sub-letting at a rack rent without payment of a premium for a period not exceeding seven years a covenant by the Underlessee with the Lessor and with the Lessee to observe and perform all the covenants and conditions in this Lease contained (except the covenants for the payment of rent or maintenance contribution) with a condition permitting re-entry in case of any breach of any of the said covenants and conditions (except as aforesaid)
(ii) Upon any assignment of this Lease the Lessee will cause the assignee to enter into a direct covenant with the Lessor to observe and perform the covenants and conditions hereof and to cause every Underlease to contain a similar provision
13. That the Lessee will not at any time during the term hereby granted underlet or permit the demised premises to be underlet except upon terms that the Underlessee shall be liable to pay throughout the term of such Underlease not less than the aggregate of the rent hereby reserved and the maintenance contribution hereinafter mentioned
14. That the Lessee will pay all reasonable costs and expenses of the Lessor (including all Solicitors and Surveyors costs and fees) incurred in granting any consent under this Lease and providing such information to the Lessee or on his behalf in respect of any assignments of this Lease
15. That the Lessee will within one month after the date of the execution or coming into effect of any and ever assignment transfer underlease assignment or underlease mortgage charge release or vacation of any Mortgage or Charge or Grant of Probate or Letters of Administration Order of Court or other disposition of or affecting the demised premises or any part thereof or devolution of or transfer of title to the same whether for or affecting the whole or any part of the said term give or procure to be given to the Lessor or its Solicitors notice in writing of such disposition or devolution or transfer of title with full particulars thereof AND will at the same time produce or cause to be produced to the Lessor or its Solicitors the document effecting or (as the case may be) evidencing such disposition or other matter or order that the same may be perused and a Memorandum of Registration endorsed thereon AND will pay to the Lessor or its Solicitors a reasonable fee being not less than Twenty Five Pounds (£25:00) plus VAT in respect of every such notice perusal of documents and registration affecting the demised premises
16. That neither the demised premises nor any part thereof shall be used for any illegal immoral or improper purpose or for any trade business or profession whatsoever but the same shall be used as a private residence and the Lessee will not sub-divide the demised premises or use the same for any other purpose whatsoever
17. That the Lessee will not permit or suffer in or upon the demised premises or any part thereof:-
(a) Any person to reside there unless the floors thereof (including the passages) are covered with carpet felt or other adequate sound insulating material (except whilst the same shall be removed for cleaning repairing or decorating the demised premises or for some other temporary purpose) or
(b) The keeping of a bird or live animal without the consent (not to be unreasonably withheld) of the Lessor which may be revoked at any time) or
(c) The hanging or putting out or placing so as to be visible from outside the demised premises of clothes or other articles or things to air dry bleach or grow or of food or drink or any articles for containing food or drink (without the consent of the Lessor which may be revoked at any time) or
(d) The exhibiting of any bill notice placard flag or painting or any advertisement whatsoever visible from outside the demised premises or any outward show or mark of business or the affixing of any telephone or other wires in over or under the demised premises with the exception of those required for the service of the demised premises save that a sale board or lettings board will be permitted or
(e) Any act matter or thing whatsoever including in particular but without limiting the generality thereof piano playing singing and music of any kind and the use of wireless and television loud-speaking and gramophone or other reproducers of sound which shall or may be or become or cause a nuisance damage annoyance or disturbance to the Lessor or any of its Lessees or tenants or the owners or occupiers of other flats or any property in the neighbourhood or
(f) The waste of any water in or from the demised premises
(g) Any combustible or offensive goods or provisions or materials oil or paraffin heaters or stoves or heaters having exposed radiant elements capable of causing ignition to adjacent objects.
18. The Lessee shall do all such works as under and Act of Parliament rule of law or local bye-law are directed or necessary to be done on or in respect of the demised premises (whether by Landlord tenant or occupier) and shall keep the Lessor indemnified against all reasonable claims demands and liabilities in respect thereof
19 At all times during the said term to comply in all respects with the provisions and requirements of the Planning Acts (such expression is intended herein to designate the Town and Country Planning Act 1971 or any statutory modifications or re-enactments thereof for the time being in force and any regulations or orders made thereunder) so far as the same relate to or affect the demised premises or any part thereof and to indemnity the Lessor against all claims demands and liabilities in respect thereof
20. That the Lessee will not make or permit or suffer to be made any alterations or addition in or to the external or internal plan or construction or in or to the height of the ceilings principal or bearing or partition walls timbers girders or in or to the elevation or architectural appearance of the demised premises or any part thereof without the consent of the Lessor (such consent which may be subject to certain conditions not to be withheld unreasonably).
21. That the Lessee will place all refuse or rubbish in a refuse bin or receptacle to be provided by the Lessee And the Lessee shall not leave such refuse bin in or upon the Reserved Property
22. That the Lessee will not deposit anything or throw any dust or beat any mat carpet or cloth on or in or allow children to play in or keep any perambulator toy or other vehicle in or obstruct in any way whatsoever the use by the Lessor his tenants or other persons authorised by them of the Reserved Property
23. (a) That the Lessee will make good all damage caused through the act neglect or default of the Lessee or of the Lessee's family or servants and visitors ( which expression shall mean all persons lawfully in the Building by express or implied invitation or authorisation of the Lessee not being persons employed by or bound by contract to the Lessor)
(i) To the Reserved Property or any part thereof or to any flat or to the appointment or the fittings and fixtures thereof or
(ii) To any other owner or occupier of the other flats or family or visitors or to the possession belonging to any such person
(b) That the Lessee will indemnify and keep indemnified the Lessor against all reasonable costs claims expenses and demands arising out of any such act neglect or default
24. That the Lessee will use his best endeavours to keep the front door or doors of the Building always closed except only when required to be open for the necessary or proper purpose
25. That the Lessee will keep the windows of the demised premises properly cleaned and curtained
26. That the Lessee will at all times observe and perform such rules and regulations as the Lessor shall from time to time reasonably make in the interests of good management and conduct from the Building
27. That the Lessee will keep the Lessor indemnified from and against the service charge percentage set out in the particulars of all costs charges and expenses reasonably incurred by the Lessor in carrying out his obligations under the Sixth Schedule hereto
28. That the Lessee will
(a) on the 25th March in every year during the continuance of this demise pay to the Lessor on account of the Lessee's obligations under the last preceding clause an advance amounting to the Lessee's proportionate part (as specified in Clause 27 of this Schedule) of the amount certified at the commencement of each accounting period by the Lessor or his Surveyor as being the estimated amount of the said costs charges and expenses reasonably to be incurred by the Lessor for such accounting period calculated as provided in Clause 29 of this Schedule a proportion being payable at the commencement of the Lease for the period up to 24th March next
(b) Within 14 days of written demand pay to the Lessor such sum as the Lessor or his Surveyor or Agent may reasonably require for immediate expenditure on emergency repairs or replacement of the nature of those embraced by the Sixth Schedule hereto
29. (a) In giving the Certificate referred to in the last preceding sub-clause the Lessor or his Surveyor shall include in his calculation in respect of each such certificate not only the current costs charges and expenses to be incurred by the Lessor in carrying out his obligations under the Sixth Schedule hereto but also a retention fund to make reasonable provision for:-
(i) periodic recurring items and
(ii) a reserve for structural repairs to the Building and renewals improvement of any part of the reserved property which may become necessary from time to time during the currency of this Lease with a view to ensuring so far as possible that the burden of the
charge payable by each tenant of a flat shall fall evenly in every year
(c) The Lessor or his Surveyor shall include in such calculations aforesaid his own reasonable remuneration
(d) The Lessor shall place on deposit with a Building Society or a clearing bank all monies paid under Clause 28 (other than sums required for day to day expenditure or reasonably expected to be so required) of this Schedule until the same are applied in payment of any expenses properly incurred by the Lessor in carrying out his obligations under the Sixth Schedule hereof and the interest received (after deduction of any tax payable thereon and also administration charges) shall be brought into account for general benefit of the Lessees and the owners of the flats in the building such interest being credited to the amount relating t the cost charges and expenses hereinbefore referred to and provided that the Lessor shall not be liable to account to the individual Lessees and owners for the interest so earned
30. To pay to the Lessor the amount of any Value Added Tax assessed charged or payable in respect of any sums to be paid by the Lessee under the provisions of this Lease or incurred by the Lessor or his agents in respect thereof
31. To pay to the Lessor on demand all expenses including Solicitors' costs and Surveyors' fees properly incurred by the Lessor or which may become payable by the Lessor in respect of the preparation and/or service of a Schedule of Delapidations or under or in contemplation of any proceedings in respect of the demised premises under Section 146 of the Law of Property Act 1925 or any statutory modification or re-enactment or in the preparation and/or service of any notice thereunder notwithstanding forfeiture is avoided otherwise than by relief granted by the Court
THE SIXTH SCHEDULE above referred to
COVENANTS ON THE PART OF THE LESSOR
1. To keep the Reserved Property in good order repair and condition and will in particular in a good and workmanlike manner as and when the Lessor may deem reasonably necessary paint with at least two coats of good quality paint all outside parts of the Building (including pipes) previously or usually or which ought to be painted and whiten or colour all outside parts previously or usually or which ought to be so treated PROVIDED THAT the Lessor shall not be liable to the Lessee for any defect or want of repair hereinbefore mentioned unless the Lessor had written notice thereof
2. (a) to keep the building insured in the full amount of the current costs of rebuilding thereof with Lloyds Underwriters or an Insurance Company of good repute against the following risks that is to say:-
(i) Loss or damage by fire storm and tempest
(ii) Loss or damage by aircraft and articles dropped therefrom
(iii) Architects and Surveyors fees in connection with the rebuilding of the Building and
(iv) Such other risks as are normally included in a Householders
Comprehensive Policy and also as the Lessor shall from time to
time reasonably deem it desirable to insure against
(b) To pay all premiums necessary for effecting and maintaining insurance as aforesaid immediately the same shall become due and whenever required so to do to produce to the Lessee the Policy or Policies of such insurances and the receipts for the premium payable in respect thereof or a certificate of the Accountant for the Lessor that the same was duly paid for the current year
(c) Immediately to apply all monies to be received under any Insurance in rebuilding and reinstating the Building or making good the damage in respect of which the same shall be paid and to make up any deficiency in such sums (or a fair proportion thereof) if any non payment or deficiency of the policy monies shall be attributable wholly or in part to the act or default of the Lessor out of his own monies
In any case in which within three years of the building suffering any insured loss or damaged it is not possible to enter into a Contract for the rebuilding or reinstatement thereof the insurance money and all interest earned thereon shall be divided between the Lessor and Lessee in the ratio of the open market values of their respective interests in the demised premises immediately prior to the destruction or damage giving rise to the insured loss or damage (there being taken into account the likelihood of the Lessee being able by virtue of any statutory provision to retain the use and occupation of all or any part of the demised premises after the expiry of the term hereby granted) and any dispute as to the division of such insurance monies shall be determined by a single arbitrator appointed by the then President for the Royal Institution of Chartered Surveyors on the application of either party
(d) To insure against third party employers and public liability and any other claims as the Lessor shall from time to time reasonably deem it desirable to insure against in connection with the use of the Building or the employment of staff therein
3. To use his best endeavours (subject as aforesaid) to:-
(i) Furnish and refurnish the passages lobbies staircases and other parts of the Reserved Property as necessary
(ii) Employ
a) a firm of Managing Agents to manage the Building and discharge
all proper fees charges and expenses payable to such agents in connection therewith including the cost of computing and collecting the Service Charge
b) if the Lessor shall think it appropriate a firm of Accountants in connection with the auditing of the Accounts relating to the building and to discharge all proper fees charges and expenses payable in connection therewith
(iii) Without prejudice to the foregoing to do or cause to be done all such works installations acts matters and things as in the absolute discretion of the Lessor be reasonable necessary or advisable for the proper maintenance safety convenience and administration of the Building
4. To pay and discharge:-
(i) All water rates and general taxes duties charges assessments impositions and outgoings whatsoever (whether or not of an annual or recurring nature) imposed on any part of the Reserved Property except any outgoings which may be payable by the Lessee under or by virtue of the Sixth Schedule hereto
(ii) Electricity charges in connection with lighting the Reserved Property
(iii) All costs for the maintenance cleaning and keeping in good order any of the passages hall lobbies staircases and other parts of the Reserved Property
(iv) Charges for maintenance of areas and forecourts boundary walls and fences belonging to or forming part of the Reserved Property
(v) All charges including interest incurred in the borrowing or raising or money or in the securing of the payment thereof or interest at 4% above Barclays Bank Limited Base Rate on any sums provided by the Lessor from his own resources for the purposes of complying with his obligations hereunder and to do all such things as may be conducive or incidental to the implementation of this object
5. Throughout the said term to execute or cause to be executed all works for which the Lessor shall be liable as under or by virtue of any Act or Acts of Parliament for the time being in force are or shall be directed or necessary to be executed upon or in respect of the Reserved Property or any part thereof whether by the owner or occupier
6. To keep proper books of account of all costs charges and expenses incurred by it in carrying out his obligations under this Schedule and make the same open to inspection by the Lessee at reasonable times and on reasonable notice
The Common Seal of )
)
was hereunto )
affixed in the presence of:- )
Director
Secretary
.
Signed as a Deed
by the said
in the presence of
witness name
address
occupation