Summary of Obligations in respect of the Repairing Lease Lease B This summary is for the purpose of assistance only. You should refer to the wording in the actual lease for more detailed information. Landlord’s Repairing Obligations (Please note that in this case the Landlord is the Owner of the property and not the Housing Association) All structural elements internally and externally including without limitation: Foundations Walls Partitions Roof structure and coverings including chimneys and chimneystacks Drains, gutters and external rainwater pipes External doors and windows Structure Stannah lift External decorations (including without limitation soffits facia and barge boards) Pavings Fences Boilers and central heating Hot and cold water services Electrical installation Sub-floors (including without limitation joists and floor boards) Ceilings Damp proof membranes Flashings Skirting Boards Garage and outbuildings (if any) The landlord is responsible for all chattels including carpets, floor coverings, curtains, refrigerators, cookers, washing machines, boilers and kitchen units on the Premises at the commencement of the lease. Repairs occasioned by fair wear and tear to the Premises or any Landlord’s fixtures and fittings The replacement, repair or servicing of any Installation (ie the heating and hot water appliances and pipes) where the costs EXCEED £500 in any 12 month period Any outbreak of dry or wet rot or any rising or penetrating damp however it has arisen unless it is caused by any act or default of the Tenant Damage caused by an insured risk unless the insurance money is irrecoverable because of some act or default of the tenant. To carry out all works of repair and renewal which are necessary to keep the Premises and the building of which the Premises form part including the drains, gutters and external pipes in good repair and condition where they are not the responsibility of the Tenant. The Other Landlord Obligations are as follows: The Landlord agrees with the Tenant: To pay all existing and future taxes and outgoings imposed or charged on the premises other than those borne by the tenant under the terms of the Lease. To insure and keep insured the Premises and all parts of the building of which they form part against loss or damage by the Insured Risks to the full reinstatement value of the Premises and to produce to the tenant on demand a copy of the insurance policy and receipt(s) for the premiums. That the Tenant shall peacefully hold and enjoy the Premises during the term of the Lease without any interruption by the Landlord That all necessary consents and permissions to the grant of the Lease and the use of the Premises have been obtained from the insurers and any mortgagee or other person having an interest in the Premises. In the event of the Landlord becoming resident or domiciled outside the United Kingdom the Landlord shall inform the Tenant of the change of address details and of his Tax District and reference. To maintain, repair and renew in good repair and working order the gas installations within the Premises to the extent that they are not the Tenant’s responsibilities under the terms of the Lease. To replace as soon as possible and in any case within five Working Days any cooker, fridge, freezer or washing machine which are not in proper working order having received a written request from the Tenant to do so. To comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the 1993 Regulations and any further amendments or modifications that occur and to indemnify and keep the Tenant indemnified from and against all liability in request of any breach. To notify the Tenant in writing within seven days after and give the particulars of each and any conveyance, transfer, mortgage or other dealing of whatever nature with the Premises To deliver to the Tenant three full sets of keys to the Premises on or before the commencement of the Lease. Not to do anything to breach the law relating to the Premises or its use except where a breach occurs as a result of any act or omission of the Tenant, or occupier and to indemnify and keep the Tenant indemnified against compliance with this. To comply with any tenants covenants in any superior lease e.g., in the case of a flat and to indemnify and keep the tenant indemnified from and against any breach of those covenants. To make all payments due under any mortgage affecting the Property at the commencement of the term of the Lease and to comply with all the mortgagors obligations under such mortgage and to pay all charges in the nature or rates payable to any local authority and all taxes assessments and outgoings imposed or charged upon the Property. Tenants Repairing Obligations (Please note that in this case the Tenant is the Housing Association and not the person living in the property. Some of the Tenant’s responsibilities will be passed to the sub- tenant) To keep the Premises and Landlord’s fixtures and fittings in the property in good repair and proper working order. This clause in the lease does not extend to the repair and replacement of all chattels including carpets, floor coverings, curtains, refrigerators, cookers, washing machines, boilers and kitchen units on the Premises at the start of the Lease. The replacement, repair or servicing of any Installation (ie the heating and hot water appliances and pipes) UP TO £500 in any twelve month period. (Anything over £500 in any one year becomes the Landlord’s responsibility – see above). Any outbreak of dry or wet rot or any rising or penetrating damp only in so far as it has arisen by any act or default of the tenant. Damage caused by an insured risk ONLY where the insurance money is irrecoverable because of some act or default of the tenant. NB: The Tenant is not liable to keep the Premises or the landlord’s fixtures and fittings in a better state of repair than is evidenced in the Schedule of Condition. The Schedule of Condition is a document prepared by a surveyor prior to the start of the Lease and forms part of the Lease document. The Tenant is entitled to recover the cost of any repairs other than repairs to the interior of the Premises from the Landlord by way of deduction from the rent or as a debt. The Other Tenant Obligations are as follows: To pay the rent at the times and in the manner specified in the Lease To pay the water rates To indemnify the Landlord in respect of Council Tax chargeable in respect of the Premises To surrender the Premises at the end of the Lease or the earlier determination of the lease with vacant possession in a state and condition with the Tenant’s obligations in the Lease. To permit the Landlord and the Landlord’s agents upon giving reasonable previous notice in writing to the Tenant to enter and examine the Premises and to enter with such operatives and plant and equipment as necessary to execute repairs on the Premises and any adjoining premises belonging to the Landlord. Not to assign or part possession of the Premises in whole or in part except that the tenant may without consent: o Grant an assured short-hold tenancy of the whole of the Premises, which prohibits further assignment and sub-letting o Assign or sub-let the whole of the Premises on the same terms as the Lease (except that the rent can be different) to a local authority or registered social landlord o Where the Tenant is a local authority grant non-secure tenancies of the whole of the Premises provided that such a tenancy shall prohibit further assignment and sub-letting Not to use the Premises other than for Housing Use To ensure that the occupying tenants use the Premises for residential purposes only and do not use the premises for any illegal or immoral purpose or carry on any form of business on the Premises. Not to cut, maim or make any structural alterations or additions to the Premises (except to comply with its repairing obligations under the Lease) except for internal non-structural alterations to the Premises with the prior written consent of the Landlord (such consent not to be unreasonably withheld or delayed). The Tenant is entitled to change the locks at the Premises at any time. To allow the Landlord during the last three months before the end of the Lease to affix and retain without interference upon any part of the Premises a board for the sale or re-letting of the property and during this three months to permit persons with written authority from the Landlord to view the premises by appointment with the Tenant and the sub-tenants. To pay the Landlord’s, surveyors and solicitor’s reasonable costs, charges, expenses and fees properly incurred arising out of the preparation and service of any notice under Section 146 of the Law of Property Act 1925. A section 146 notice under the Law of property Act 1925 is where the landlord serves a notice for breach of a covenant (other than for non-payment of rent when no preliminary notice needs to be served) before taking any steps to obtain possession. To use all reasonable endeavours to ensure that the sub-tenants or other occupiers of the premises do not cause nuisance or annoyance to the landlord, its agents, staff or tenants, or the owners or occupiers of any adjoining premises. On production of the appropriate VAT (or other) invoice to pay to the landlord in addition to the rent the VAT at the rate prevailing. To ensure that the gas installations in the Premises are tested and approved every year of the term of the lease by a CORGI registered engineer to comply with the gas Safety (Installations and Use) Regulations 1988 provided that the tenant shall be entitled to deduct the reasonable and proper costs of complying with the covenant from the Rent. Declarations If the rent remains unpaid for 28 days after becoming payable or if the tenant’s agreements shall not be reasonably performed or observed the Landlord may at any time thereafter re-enter the Premises and the Lease agreement shall cease. If the Premises are unfit for occupation and use or if the access has been destroyed or damaged or if the Premises remain unoccupied to enable the Landlord to comply with his obligations under this Lease or to do any repairs to any adjoining premises belonging to the Llandlord then the rent shall be suspended until the Premises are again rendered fit and available for habitation and use. Any disputes as to the proportion or period of such suspensions shall be determined by one arbitrator to be appointed by the Landlord and the Tenant. If there is a difference of opinion then the current President of the Royal Institution of Chartered Surveyors in accordance with the Arbitration Act 1996 shall be used. If the Landlord does not conform with all the covenants in this Lease the Tenant shall be entitled to serve a Notice on the Landlord requiring him to put matters right within 28 days (or such longer period as the Tenant may determine depending on the nature and extent of the breach). If the Landlord fails to remedy the breach within the period specified the Tenant shall be entitled to serve a further Notice ending the Lease. Any dispute in the terms of the Lease relating to the repair and maintenance of the Premises, the installations or the Landlord’s fixtures and fittings shall be referred to the tenant’s surveyor who shall act as an expert and not as an arbitrator. His decision (except on a question of law) will be final and binding on the parties and the costs of the surveyor shall be borne by the Landlord and Tenant in equal shares. Any notice under the lease shall be in writing and served on the landlord either personally or by leaving it for him at his last known address and shall be served on the Tenant by sending it to the address specified in this Agreement. The Lease does not give rights to any third parties. The Tenant is an exempt charity. If the Tenant gives the Landlord written notice before the last month of the term the Landlord will grant a new Lease of the property for a maximum of 6 months starting on the day after the end of the term on the same terms as the Lease except that the Tenant has no right to claim a further new Lease. The Tenant can end the Lease: o At any time during the Lease by giving the Landlord not less than 28 days Notice in writing. o In the last calendar month of the Lease by giving the Landlord not less than 14 days notice in writing. o Immediately at any time by giving the Landlord notice in writing in the event that any asbestos is discovered within the Property or the Building. The Landlord shall be entitled to end the Lease by serving at least 12 months notice at any time after a time to be specified and the Lease will end on the earlier of the expiry of such notice or the date upon which the Tenant achieves vacant possession.