Lease by keralaguest

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									                                    CONTENTS

        These pages list a short description of the main parts of your Lease.

Understanding your                         an introduction to this Guide
Lease

Clause 1                                   explanations of the legal words used in
Definitions                                your Lease

Clause 2                                   general interpretation of the contents of
Interpretation                             your lease

Clause 3                                   what is included in the lease to you
Demise

Clause 4                                   the legal promises which you must keep
Tenant’s Covenants

Clause 5                                   confirmation that your legal promises in
Declaration                                your lease will always apply

Clause 6                                   the legal promises which we must keep
Landlord’s Covenants

Clause 7                                   these are further agreements you make
Further Agreements                         with us concerning interest paid by you
                                           on sums payable under the lease,
                                           ground rent, our rights and obligations
                                           and calculation of sums due under the
                                           lease

Clause 8                                   confirmation that the price paid for your
Certificate of Value                       home was under the limit for payment of
                                           Stamp Duty Land Tax

Clause 9                                   confirmation that you were qualified to
                                           exercise the PRTB

Clause 10                                  confirmation that the lease does not
                                           require payment of Stamp Duty Land
                                           Tax in respect of other matters

Clause 11                                  the charity statement that we must
                                           include in the lease

Clause 12                                  the standard wording recorded by the
                                           Land Registry

Clause 13                                  a request to the Land Registry to make a
                                           note on its records in respect of certain
                                           obligations which you must comply with

Clause 14                                  confirmation that your PRTB offer notice
                                           is attached to the Lease
FIRST SCHEDULE                         what is included in your property
Premises

SECOND SCHEDULE                        the rights which your property benefits
Easements rights and privileges        from under your Lease
included

THIRD SCHEDULE                         the rights which we and other owners
Exceptions and Reservations            and occupiers of the estate keep

FOURTH SCHEDULE                        how we calculate the service charge
Calculation of Service Charge and      you need to pay
Specified Proportion

FIFTH SCHEDULE                         the costs we incur which we use to
Items of Expenditure                   calculate the service charge

SIXTH SCHEDULE                         the rules which you must follow under the
Restrictions and Regulations Imposed   Lease
in respect of the Premises
Understanding your Lease


Your Lease – what it says and what it means.

The following pages set out a guide to the standard Lease for a Knowsley Housing Trust flat

bought under the Preserved Right to Buy (“PRTB”).



Please note that this Guide relates to the form of Lease at the date of this Guide. The form of

the Lease for your property may be slightly different as over time amendments have been made

to the Lease in line with changes in the law and procedure.



If you submitted your application to exercise the PRTB before 18 January 2005 there will be a

few differences between your Lease and the current form of Knowsley Housing Trust PRTB

Lease. We will explain the principal differences at the appropriate points in this Guide.



In this Guide we set out a plain English version of your Lease. Remember however that the

plain English version of your Lease is only a guide. The legal wording in your actual Lease

document would be used in law if there was a dispute over the terms of your Lease.



Whilst every effort is made to ensure the accuracy of the content of this Guide, we

recommend that you take independent legal advice if you need further explanation of any part

of the Lease, particularly if there a dispute over its terms.



Where we refer to your “PRTB offer notice” in this Guide, we are referring to the notice sent to

you further to your application to exercise the PRTB, setting out all the terms under which you

were able to buy your property.




May 2006
H M LAND REGISTRY



What it means…

The Land Registry is the Government organisation which is responsible for recording details of

property ownership and rights across the whole country.



TITLE NUMBER          :

What it means…

This is the reference number under which your property will be recorded at the Land Registry.



PROPERTY              :

What it means…

This is the postal address of your property.



DATE                  :

What it means…

This is the date that we grant the Lease to you.




1. Definitions

In this Lease:

    1.1.    'the Landlord' means Knowsley Housing Trust of Lakeview Kings Business Park

            Prescot Knowsley Merseyside L34 1PJ and includes its successors in title
What it means…

This means us or anybody that takes our place as Landlord.



    1.2.    'the Tenant' means «FullNameofPurchasers» in the County of Merseyside and includes

            his successors in title [which expression has the same meaning as that expression

            bears in the Perpetuities and Accumulations Act 1964 Section 9(1)(a)]

What it means…

This means you and anybody who you sell your property to.



    1.3.    'the Plan” means the plan annexed to this Lease

What it means…

A plan of your property is attached to your Lease.



    1.4.    'the Private Garden' means such garden area (if any) as may be shown edged orange

            on the Plan

What it means…

This means the garden area (if any) included in your property.



    1.5.    'the Premises' means all that ■ floor flat numbered aforesaid shown edged red on the

            Plan for the purposes of identification only and more particularly described in the First

            Schedule hereto together with the Private Garden (if any)

What it means…

This is the description of your property. Your property is described in more detail in the First

Schedule near the end of the Lease



    1.6.    'the Premium' means the sum of «PriceofProperty»

What it means…

This is the price that you paid for your property.
       1.7.    'the Discount' means the sum of «DiscountofProperty»

What it means…

This means the amount of discount to which you were entitled under the PRTB scheme.



       1.8.    'the Term” means 125 years from the Commencement Date

What it means…

This is the length of the Lease that is granted to you and is the time period set out in the PRTB

law.



       1.9.    'the Commencement Date” means the date hereof.

What it means…

This means the date on which we granted you the Lease.



       1.10.   'the Commencement of Reference Period” means ■ the date specified by the Landlord

               in the Offer Notice as being the date by which this Lease will be granted and being a

               date not more than 6 months after the date of the Offer Notice

What it means…

This means the date up to 6 months after we send you the PRTB offer notice. This date was

specified in your PRTB offer notice. We expect to grant you the Lease of your property six

months after we send you the PRTB offer notice.



       1.11. 'the Reference Period' means the period starting from the Commencement of

               Reference Period (being the date specified in 1.10 above) and ending 5 years after that

               date or where notice is given that the Lease will provide for a service charge or

               improvement contribution to be calculated by reference to a Specified Annual Period

               then the reference Period will end on the expiry of the fifth such Specified Annual

               Period beginning after the Commencement of Reference Period
What it means…

This means a period of five years which starts six months after we send you the PRTB offer

notice. It ends on the fifth 31 March after we grant you your Lease . Your Service Charge

contribution will include a contribution to any major repair or improvement works commenced

during this period to the Building in which your property is located.



    1.12. 'the Initial Period” means the period of 5 years starting from the date of this Lease

            except that:



            1.12.1.    where this Lease includes provisions for service charges or improvement

                       contributions to be payable in respect of costs incurred in a period before the

                       date of this Lease the Initial Period begins with the beginning of that period



            1.12.2.    where this Lease provides for service charges or improvement contributions

                       to be calculated by reference to a Specific Annual Period the Initial Period

                       continues until the end of the fifth such period beginning after the date of this

                       Lease and



What it means…

This means a period of roughly five years that starts on the date that we grant you your Lease.

This five year period can start before the date we grant you your Lease if major repair or

improvement works are commenced on the building in which your property is located before we

grant you the Lease. The period will continue to the fifth 31 March after the Initial Period

begins.



    1.13.   'the Act” means the Housing Act 1985 (as amended)

What it means…

This is the law that sets out the procedure for the grant of the Lease to you under the PRTB
scheme



    1.14.   'the Ground Rent” means £10 (ten pounds) per year

What it means…

This is a fixed annual rent of £10 that you will pay to us as a leaseholder.



    1.15.   'Specified Annual Period” means from 1 April in any year to 31 March in the following

            year or such other period of one year's duration as shall from time to time be defined by

            the Landlord and in which case the appropriate arrangements shall be made

What it means…

This is the annual period that we use for calculating sums due under the Lease.



    1.16.   'the Specified Proportion” means the proportion of the Service Charge payable in any

            relevant year by the Tenant calculated in accordance with the Fourth Schedule

What it means…

As a leaseholder, you will need to pay towards the maintenance and repair of shared facilities.

This payment is called a „Service Charge‟. The „Specified Proportion‟ is the part of the Service

Charge that you will need to pay as the leaseholder.



    1.17.   'the Payment Date” means 1st July

What it means…

This is the date on which you make an on account payment to us in respect of the Service

Charge.



    1.18.   'the Flat” means the flat described in the Premises and as further described in the First

            Schedule and “Flats” has a corresponding meaning
What it means…

Your property may include not only your flat, but it may (but not necessarily) include, for

example, a private garden area, or store room. Where we refer to the Flat, we are not referring

to any other parts of your property.



    1.19.   'the Building” means the building consisting solely of physically linked Flats within the

            Estate and including the Flat described in the Premises and the Common Parts within

            the Building

What it means…

This means the building in which your Flat is located.



    1.20.   'the Estate” means the property in respect of which the Landlord is or was the owner

            and the Managed Buildings on the property and including the Common Parts

What it means…

This means the estate in which your Flat is located.



    1.21.   “the Managed Buildings” means the Buildings and all other buildings and structures (if

            any) erected or to be erected within the Estate

What it means…

This means all the buildings, including the building in which your Flat is located, that we

manage on the Estate.



    1.22.   'the Common Parts” (edged blue on the Plan) means the entrance porch corridors

            hallways buildings lifts and staircases (if any) and any other parts within the Managed

            Buildings and vehicular and pedestrian ways forecourts or drives refuse bin stores

            drying areas gardens (if any) and any other areas inside or outside the Managed

            Buildings but within the Estate which are not intended to remain private and which are

            to be enjoyed or used by the Tenant and occupiers of the Premises in common with the

            occupiers of the other Flats in the Managed Buildings but excluding the roads and
             footpaths (if any) which are or which become public roads and footpaths

What it means…

These are all the areas, facilities and amenities in the Managed Buildings or on the Estate that

are shared with other tenants, leaseholders and other occupiers on the Estate. It will include not

only shared staircases, hallways and lifts etc inside the Managed Buildings, but also communal

footpaths, garden areas, bin storage areas etc located on the Estate.



    1.23.    'Category A Services” includes all matters concerning the management and

             maintenance of the Estate for which the Landlord is responsible or for which

             expenditure has been properly incurred by the Landlord under the terms of this Lease

             (excluding those matters relating to repairs or improvements as defined in Category B

             Repairs and Category C Improvements respectively set out in Clauses 1.24 and 1.25

             below) but including without prejudice to the generality of the above the following

             services (if any) which may be provided by the Landlord:



            1.23.1. services lifts entryphones television aerials etc collection and removal



            1.23.2. caretaker and warden facilities



            1.23.3. maintenance of grounds



            1.23.4. insurance of building fixtures fittings plant or machinery



            1.23.5. management



            1.23.6. reserve



            1.23.7. other matters specified in the Offer Notice as being in the nature of a

                   management or maintenance service but excluding repairs or improvements
What it means…

These are all the services provided by us in managing and maintaining the Estate and include

(but are not limited to) the general day to day items as listed in clauses 1.23.1 to 1.23.7 of the

Lease and include any other general day to day services as may be referred to in your PRTB

offer notice.



    1.24.    'Category B Repairs” includes all matters concerning the management and

             maintenance of the Estate (otherwise than as set out in Category A Services or

             Category C Improvements) being in the nature of general repairs (including the making

             good of structural defects) and including but without prejudice to the generality of the

             above all such matters (if any) as may be specified or listed in the Offer Notice as

             anticipated repair works

What it means…

These are the repair works that may be undertaken by us in managing, maintaining and

repairing parts of the Estate. These are more major works that Category A Services. Category

B Repairs will include works such as structural repairs to the Building where your property is

located. The PRTB offer notice which we sent to you when you applied for the PRTB specified

the planned Category B Repairs with estimates of the costs and your contributions during the

Initial Period.



    1.25.    'Category C Improvements” includes all works carried out to the Estate in the nature of

             an improvement including but without prejudice to the generality of the above all such

             works (if any) as may be specified as improvements in the Offer Notice

What it means…

These are the improvement works that may be undertaken by us in making improvements to

the Estate, such as constructing a canopy over the entrance way, where one hadn‟t previously

existed. The PRTB offer notice set out the planned Category C Improvements with estimates of

the costs and your contributions during the Initial Period.
    1.26.   'the Inflation Allowance” means the inflation allowance prescribed by the Secretary of

            State in accordance with the Housing (Right to Buy) (Service Charges) Order 1986 (or

            as may be varied from time to time)

What it means…

Your PRTB offer notice contained estimates of planned Category B Repairs and Category C

Improvements and your contribution to these. PRTB law does not allow these estimates to

increase by any more than the rate of inflation during the Initial Period, as mentioned previously,

roughly the first five years of your Lease.



    1.27.   'the Offer Notice” means the formal written offer notice given by the Landlord to the

            Tenant pursuant to Section 125 of the Act and annexed to this Lease

What it means…

This is the PRTB offer notice that we sent to you after you applied to exercise the PRTB setting

out the terms on which you could buy your property.



    1.28. 'the Service Charge” means all those costs and expenses incurred or to be incurred by

            the Landlord in connection with the management and maintenance of the Estate and

            the carrying out of the Landlord's obligations and duties and providing all such services

            as are required to be provided by the Landlord under the terms of this Lease including

            where relevant the following:



            1.28.1.    Category A Services



            1.28.2.    Category B Services



            1.28.3.    Category C Improvements



                       and without prejudice to the generality of the above all such matters set out

                       in the Fifth Schedule
What it means…

These are the costs incurred by us in managing and maintaining the Estate and our obligations

under the Lease. These costs include the general service costs (the Category A Services), the

specific repair works costs (if any)(the Category B Repairs) and the specific improvement works

costs (if any) (the Category C Improvements).



    1.29.   'Items of Expenditure” means all those items referred to in the Fifth Schedule the costs

            of which form the basis of the Service Charge

What it means…

These are all the costs that we incur that we take in to account when we calculate the Service

Charge.



    1.30. 'the Finance Officer” means the Landlord's Director of Finance or such other person

            authorised by the Landlord to certify the Service Charge or matters relating to it from

            time to time

What it means…

This is the person who will confirm the amount of the Service Charge for each annual period.



    1.31.   'the Permitted Use' means a residential flat

What it means…

This means that you can only use the property as a residential property. It means that you can‟t,

for example, run a business from your property.



2. Interpretation

    2.1.    words importing one gender shall be construed as importing any other gender



            2.1.1. words importing the singular shall be construed as importing the plural and vice

                    versa
    2.2.    where any party comprises more than one person the obligations and liabilities of that

            party under this agreement shall be joint and several obligations and liabilities of those

            persons


What it means…

This means that where the Lease refers to his / he it also means her / she and where it refers to

one person it also means more than one person.



    2.3.    references to any statute or any section of any statute include a reference to any

            modification or re-enactment of it for the time being

What it means…

This means that the law we refer to in your Lease includes any future changes that there might

be to the law.



    2.4.    the clause headings do not form part of this agreement and shall not be taken into

            account in its construction or interpretation

What it means…

There are lots of different parts to the Lease, each with its own heading. The headings

themselves are not part of the Lease.



3. Demise

   In consideration of the Premium (receipt of which the Landlord acknowledges) and of the

   Ground Rent and of the Tenant's covenants reserved and contained below the Landlord

   demises the Premises to the Tenant TOGETHER with the easements rights and privileges set

   out in the Second Schedule subject as mentioned in the Second Schedule EXCEPT AND

   RESERVING as set out in the Third Schedule TO HOLD the Premises to the Tenant for the

   Term YIELDING AND PAYING the Ground Rent in advance of the date of this Lease and

   annually after that

What it means…
This means that when you paid us the Purchase Price for the property, plus the yearly rent of

£10 we granted you a Lease of the property and all the rights referred to in the Lease



4. Tenant's Covenants

What it means…

These are the legal promises set out in the Lease which you must keep.



    4.1.   Ground Rent

           to pay the to Landlord the Ground Rent and other money due under this Lease at the

           times and in the manner specified without any deduction set off or counterclaim and the

           Tenant agrees that he shall not have or be entitled to exercise any right of set off in

           respect of Ground Rent or other money

What it means…

You must pay to us the £10 Ground Rent each year and any other amounts due under the

Lease. If you think that we owe you any money you are not allowed to deduct this from any

sums you must pay as a leaseholder.



    4.2. Service Charge

           to pay to the Landlord at the time and in the manner specified such annual sums as may

           be notified to the Tenant by the Landlord as representing the Specified Proportion of the

           Service Charge calculated in accordance with the Fourth Schedule and the Tenant

           specifically agrees to pay the Service Charge advised on the Offer Notice from the date

           commencing as set out in the Reference Period notwithstanding that this date is prior to

           the date hereof SUBJECT to restrictions on the liability of the Tenant in respect of the

           Service Charge as follows:
What it means…

Your have to pay us a contribution towards all the communal services that your property

benefits from. This is called the “Service Charge”. Your PRTB offer notice sets out estimates of

the Service Charges which apply to your property at the time of the notice. Category B Repairs

(see Clause 1.24 of this Guide) or Category C Improvements (see Clause 1.25 of this Guide)

may have already started before the date we grant you the Lease. You may need to pay

Service Charge in respect of Category B Repairs and Category C Improvements for a period

starting from six months after the date of your PRTB Offer Notice. It does not matter that this

was before you became the leaseholder. The law allows this because the works done will

benefit your property, but will not have been considered when you property was valued.



          4.2.1. the liability of the Tenant to contribute towards the Service Charge shall in

                  respect of that element of the Service Charge relating to Category B Repairs

                  incurred during the Initial Period of the Lease be limited as follows:



                  4.2.1.1.    The Tenant is not required to pay in respect of works itemised in the

                              estimates contained in the Offer Notice any more than the amount

                              shown as the estimated contribution of the Tenant in respect of that

                              item together with the Inflation Allowance



                   4.2.1.2.   the Tenant is not required to pay in respect of works not so itemised

                                in the Offer Notice at a rate exceeding

                                (a)   as regards parts of the Initial Period falling within the

                                      Reference Period for the purposes of the estimates contained

                                      in the Offer Notice the estimated annual average amount

                                      shown in the estimates together with the Inflation Allowance



                                (b)   as regards parts of the Initial Period not falling within the

                                      Reference Period for the purpose of the estimates contained
                                      in the Offer Notice the estimated annual average amount

                                      shown in the estimates together with the Inflation Allowance



What it means…

Where your PRTB offer notice contains itemised estimates of the costs of and your

contributions to Category B Repairs during the Initial Period, as mentioned previously, roughly

the first five years of your Lease, your maximum contribution to these works is limited to the

estimated contribution plus an allowance for the rate of inflation. Where the Category B Repairs

are not itemised in your PRTB offer notice your maximum contribution to the works is limited

during the Initial Period to the estimate of your contribution to the average annual amount of

Category B Repairs plus an allowance for the rate of inflation.



            4.2.2. the liability of the Tenant to contribute towards the Service Charge shall in

                   respect of that element of the Service Charge relating to Category C

                   Improvements incurred during the Initial Period of the Lease be limited as

                   follows



                    4.2.2.1.   The Tenant is not required to make any contribution in respect of

                                works for which no estimate was given in the Offer Notice



                   4.2.2.2.    the Tenant is not required to contribute in respect of works for which

                               an estimate was given in the Offer Notice any more than the amount

                               shown as the estimated contribution of the Tenant in respect of that

                               item together with the Inflation Allowance

What it means…

You are not required to pay any Service Charge in respect of Category C Improvements where

we included no estimate in your PRTB offer notice. Where an estimate of Category C

Improvements was included in your PRTB offer notice your contribution during the Initial Period,
as mentioned previously, roughly the first five years of the Lease, will be limited to a maximum

of the estimate of your contribution stated in your PRTB offer notice plus an allowance for the

rate of inflation.



    4.3.   On-Account Payment

           if required by the Landlord [SUBJECT to such statutory restrictions (if any) may be

           applicable] to pay to the Landlord such sum on the Payment Date on account of the

           Service Charge as the Landlord shall at its sole discretion specify to be a fair and

           reasonable interim payment ('the On-Account Payment')

What it means…

We may require you to pay part of your Service Charge contribution to us on account.



    4.4.   Outgoings

           to pay and discharge all general and water rates and other outgoings of an annual or

           other periodically recurring and non-capital nature which are now or may at any time after

           the date of this Lease during the Term be assessed rated charged or imposed upon or

           payable in respect of the Premises

What it means…

You will be responsible for your Council Tax, Water Rates and all other similar expenses as

leaseholder and owner of the property.



    4.5.   Nuisance

           from time to time during the Term to pay all costs charges and expenses incurred by the

           Landlord in abating any nuisance in the Premises in obedience to a notice served by a

           local authority

What it means…

Nuisance is anything done or not done which causes annoyance to or damages the property of

any other owner or occupier of any part of the estate (see Clause 4.17 of this Guide for further
information). If any Nuisance is caused by you or anyone living in or visiting your property you

will have to pay the costs which we incur in taking steps to stop the Nuisance.



    4.6.   Restrictions and Regulations

           to observe the restrictions and regulations specified in the Sixth Schedule or such other

           restrictions or regulations as the Landlord may from time to time make and publish

What it means…

There are a number of rules which you must comply with as a leaseholder. These are for the

benefit of you, and other owners and occupiers of the Estate. These rules are contained in the

Sixth Schedule to the Lease.



    4.7.   Landlord's Costs

           4.7.1. to pay the Landlord all costs charges and expenses (including legal surveyor and

                  other professional fees costs and expenses) which may be incurred by the

                  Landlord incidental to the preparation and service of a notice under the Law of

                  Property Act 1925 Section 146 whether incurred in or in contemplation of

                  proceedings under the Law of Property Act 1925 Sections 146 or 147

                  notwithstanding that forfeiture may be avoided otherwise than by relief granted by

                  the Court

What it means…

If you do not meet your obligations under the Lease we can end your Lease and apply for a

Court Order to repossess your property. If we do take steps to end your Lease and repossess

your property you will be responsible for the expenses that we incur in doing so.



           4.7.2. to pay all expenses including solicitors' costs and surveyors' fees incurred by the

                  Landlord in respect of and incidental to the service of all notices and schedules

                  relating to wants of repair to the Flat whether they be served during or after the

                  expiration or sooner determination of the Term and in connection with every

                  application for consent whether the consent shall be granted or refused or
                  withdrawn

What it means…

If you have not kept your Flat in a state of good repair we will serve you with notice requiring

you to do the repair works which we consider to be necessary. If we serve you with such a

notice, you will have to pay our costs for carrying out the works including all solicitors and

surveyors costs. Some alterations which you may want to undertake to your property require

our consent. Pleas see Clause 4.14 for further information. If you need to apply to us to make

any alterations to your property requiring our consent, again, you will have to pay our costs for

all solicitors, surveyors and other costs which we incur in doing so.



    4.8.    Decoration

            once in every fifth year of the Term and in the last quarter of the last year of the Term

            (however determined) to paint in a proper and workmanlike manner all the inside wood

            and ironwork including the internal surface of the window frames usually painted of the

            Flat with 2 good coats of good quality paint and so that such internal painting in the last

            year of Term shall be of a tint or colour to be approved by the Landlord and also with

            every such internal painting to whiten colour wash grain varnish paper and otherwise

            decorate in a proper and workmanlike manner all such internal parts of the Flat as have

            been or ought properly to be so treated and so that in the last year of the Term

            (however determined) the tints or colours and patterns of all such works of internal

            decoration shall be such as shall be approved by the Landlord

What it means…

Every five years (and also in the final three month period of the Term of the Lease) you must

paint the wood surfaces and ironwork inside your flat (including the window frames) with two

coats of good quality paint. At the same time you also need to ensure that your Flat is of good

standard of general interior decoration and that if any of the interior surfaces in your property,

e.g. wood finishes, require special treatment these must be treated.



    4.9.    Repair
            throughout the Term and from time to time and at all times to keep the Flat and

            everything demised in the Flat and the Landlord's fixtures and fittings sanitary apparatus

            and appurtenances installed in or affixed to the Flat and the window glass of it (but

            excluding any portion which the Landlord covenants to repair) with all necessary

            reparations cleansings and amendments whatever well and substantially repaired

            cleansed maintained and renewed damage by any risk against which the Landlord shall

            have insured excepted (save where the insurance money shall have irrecoverable by

            reason of any act or default of the Tenant his family servants licensees or agents) and

            to replace from time to time all the Landlord's fixtures and fittings and appurtenances in

            the Flat which may be or become beyond repair at any time during or at the expiration or

            sooner determination of the Term

What it means…

As the leaseholder you must keep the Flat and everything in it included in the Lease clean and

in a good state of repair. If there are any items in your Flat that we have supplied you must

make sure that these are also kept clean and in a good state of repair and replace these if it

becomes necessary. We will have insurance cover in place in respect of damage to certain

parts of the structure of your flat (but not the contents). However this insurance cover will not

apply if the damage is done by yourself or any other person living in or visiting your property

and we may require you to cover the costs in those circumstances.



    4.10.   Maintenance of the Private Garden

            4.10.1.    throughout the Term to keep the Private Garden (if any) in a neat and tidy

                       condition planted with suitable shrubs and plants



            4.10.2.    not without the prior written authority of the Landlord to plant prune or lop any

                       trees in the Private Garden (if any) or to erect or cause to be erected any

                       greenhouse outhouse or other structure in the Private Garden (if any)

What it means…
If your Lease includes an area of private garden you must keep it in a neat and tidy condition.

You must make sure that suitable plants and shrubs are planted in it. You must not plant, prune

or lop any trees without our written consent. If you want to put a greenhouse or a shed or

anything similar in the private garden you must first get our written consent.



    4.11.   Obligatory Works

            to execute all such works as are or may be required under or in pursuance of any Act of

            parliament from time to time or required by any district council local or public authority to

            be executed at any time during the Term upon or in respect of the Premises whether by

            the Landlord or by the Tenant and to keep the Landlord indemnified against all claims

            demands and liabilities arising out of such works

What it means…

It is possible that in the future you may be obliged by law or by the local council to undertake

works to your property, such as fitting smoke detectors. It is you that must do these works and

not us and it is you who will be responsible for any claims, demands or liabilities that arise from

these works.



    4.12.   Access for Landlord and Repair

            4.12.1.     to permit the Landlord and its respective duly authorised surveyors and

                       agents with or without workmen and others upon giving not less than 48

                       hours' previous notice in writing (except in the case of emergency) at all

                       reasonable times to enter the Premises and take particulars of additions

                       improvements fixtures and fittings and to view and examine the state and

                       condition of the Premises or any part of them and the reparation of them and

                       of all defects decays and wants of reparation found in breach of the

                       covenants contained in this Lease and to give notice in writing of any such

                       defects decays or wants of reparation to the Tenant who will with all proper

                       despatch and in the case within 3 months well and sufficiently repair and

                       amend the Premises accordingly PROVIDED that in case of any default in
                       the performance by the Tenant of this covenant and if the default in such

                       performance is not in fact remedied within 3 months after such notice

                       requiring the default to be remedied has been served on the Tenant it shall

                       be lawful for the Landlord (but without prejudice to any other right or remedy)

                       to enter upon the Premises and repair or put in order the default or carry out

                       any such works at the expense of the Tenant in accordance with the

                       covenants and provisions of this Lease and the costs and expenses incurred

                       by the Landlord and its agents shall be repaid to the Landlord by the Tenant

                       on demand

What it means…

Providing we give you 48 hours written notice (except when there is an emergency) you must

let us or anyone authorised by us into your property to inspect any additions or improvements

that you have made, fixtures and fittings, and the general state and condition of your property.

If we see that any works are required to your property we will give you written notice of what

needs to be done. You must then make sure that whatever repair works are necessary are

then completed within three months. If you do not do these repair works within three months

we are able to enter your property and do the repair works ourselves. If we do the repair works

ourselves you will be responsible for all our costs and expenses.
            4.12.2.    to permit the Landlord its duly authorised surveyors or agents with or without

                       workmen and others at all reasonable times upon giving not less than 48

                       hours' previous notice in writing (and in case of emergency without notice) to

                       enter into and upon the Premises of any part of them for the purpose of

                       repairing decorating building or maintaining any part of the Estate and for

                       the purpose of making repairing maintaining carrying out any requisite

                       building works rebuilding cleansing lighting and keeping in good order and

                       condition all sewers drains channels pipes cables watercourses gutters

                       wires party structures or other conveniences belonging to or serving or used

                       for the Estate (without prejudice however to the obligations of the Tenant)

                       and also for the purpose of laying down maintaining repairing testing

                       disconnecting stopping up or renewing drainage gas and water pipes and

                       electric wires and cables and for similar purposes PROVIDED that the

                       Landlord shall make good all damage to the Premises or to the fixtures

                       fittings sanitary apparatus and appurtenances goods or effects installed on

                       the Premises of affixed to the Premises caused by the carrying out of any

                       work in the Clause or otherwise referred to

What it means…

Providing we give you 48 hours written notice (except where there is an emergency) we can

enter your property to enable us to repair, decorate, build or maintain any part of the Building in

which your Flat is located or any other part of the Estate. This includes works to water pipes,

gutters, wires, shared walls, sewers, drains, gas pipes, electric wires and cables and anything

similar. If we cause any damage to your property or anything in it in the course of doing these

kind of works we will make the necessary repairs.



    4.13.   Not to Invalidate Insurance

            not to do or permit or suffer to be done any act deed matter or thing whatever as a result

            of which the risk or hazard of the Flat or the Managed Buildings being destroyed or

            damaged by fire shall be increased so as to require an additional premium for insuring
            the Flat or Managed Buildings or which may make void or voidable any policy for

            insurance

What it means…

You must not do anything at the property that risks damage or danger to your property or to the

Building in which it is located that would cause the cost of our buildings insurance policy to be

increased or our insurance cover to be void.



    4.14.   Alterations

            not at any time without the licence in writing of the Landlord first obtained or except in

            accordance with plans and specifications previously submitted in triplicate to the

            Landlord and approved in writing by the Landlord and to its satisfaction to make any

            alteration or addition whatever in or to the Premises either externally or internally or to

            make any alterations or aperture in the plan wall timbers elevations or architectural

            appearance of it or to cut or remove the main walls timbers floors or ceilings of the Flat

            unless for the purpose of repairing and making good any defect in it or to do or suffer in

            or upon the Flat any wilful or voluntary waste or spoil

What it means…

If you wish to make any alteration to the inside or the outside of your property you must obtain

our permission. You must provide us with three copies of plans of the proposed works and

specifications of the work (if the work is of a nature for which plans and specifications are

needed). You do not need our written consent if you are just undertaking repair work at the

property. You must not intentionally change the property in any way.
    4.15.   User

            4.15.1.    not to use the Premises or any part of them or allow the Premises to be used

                       for any illegal or immoral purpose or to hold in them any sale by auction

What it means…

You must not use your property for any illegal or immoral purpose. You may not hold an

auction in your property.



            4.15.2.    to use and occupy the Flat solely and exclusively as a self-contained

                       residential flat in accordance with the Permitted Use and not to use the Flat

                       or any part of it for any business trade or office

What it means…

You can only use your Flat as a private home and you cannot run any business or trade from it.



    4.16.   Exhibiting Announcements Etc

            Not to exhibit on the outside or in the windows of the Flat any name plate placard post

            or announcement of any description

What it means…

You cannot put any sign or announcement or anything similar of any type either outside your

property or in the window of your Flat.



    4.17.   Nuisance

            not to do or permit to be done upon or in connection with the Flat or the Managed

            Buildings anything which shall be or tend to be a nuisance annoyance or cause of

            damage to the landlord or its tenants or any of them or to any neighbouring adjoining or

            adjacent property or the owner or occupier of them or to the neighbourhood

What it means…

You must not do anything at your property that would cause nuisance or annoyance to your

neighbours or to anyone else in your neighbourhood or damage their property.
    4.18.   Flooring

            to keep the floors of the Flat including its passages substantially covered with carpets

            except that in the kitchen and bathroom and toilet a cork or rubber covering or other

            suitable material for avoiding the transmission of noise may be used instead of carpets

What it means…

You must make sure that the floors of your Flat are carpeted. The kitchen, bathroom and toilet

in your Flat you may have cork or rubber flooring or another suitable material. You cannot have

any flooring in your Flat that causes noise to be heard through the floor or walls of the Flat when

it is walked on.



    4.19.   Town and Country Planning

            at all times during the Term to comply in all respects with the provisions and

            requirements of the Town and Country Planning Act 1990 or any statutory modification

            or re-enactment of it for the time being in force and any regulations or orders made

            under it whether as to the Permitted Use or otherwise and to indemnify (as well after the

            expiration of the Term by effluxion of time or otherwise as during its continuance) and to

            keep the Landlord indemnified against all liability whatever including costs and

            expenses in respect of such matters and to produce immediately to the Landlord on

            receipt of any notice order or proposal made given or issued to the Tenant by the

            planning authority under or by virtue of the Town and Country Planning Act 1990

            affecting or relating to the Flat and at the request and cost of the Landlord to make or

            join with the Landlord in making every such objection or representation against such

            notice order or proposal that the Landlord shall deem expedient

What it means…

You must comply with all planning law.          Any breaches of planning law will be your

responsibility and not ours. If you receive any notice from the local Planning Authority you

must give this to us straight away. If you do receive such a notice and we object to any of its

contents you have to join in with us making whatever objections we believe are required. This
will be at our cost and not yours.



    4.20.   Inspection

            for a period of 6 months immediately preceding the determination of the Term to permit

            an inspection at any reasonable time of the day by any person wishing to inspect the

            Premises and so authorised by the Landlord upon an appointment being made for that

            purpose

What it means…

For the last six months of the term of the Lease you will let anyone authorised by us and with an

appointment to do so, inspect your property.



    4.21.   Damage

            to make good all damage caused through the act or default of the Tenant his family

            lodgers or sub-tenants or of any servant agent or licensee of the Tenant to any part of

            the Managed Buildings or to the fixtures and fittings of the Managed Buildings or to any

            other occupier or Tenant of the Managed Buildings and their licensees and in each case

            to keep the Landlord indemnified from all claims expenses and demands in respect of

            such damage

What it means…

If you or anyone else who lives at the property or visitor to your property does anything that

causes damage to the Buildings in which your Flat is located, or to any of the other occupiers or

visitors to any of the other flats in the Building or to their property, you will be responsible for the

costs and expenses incurred for any repairs that need to be done as a consequence



    4.22.   Yield

            on the expiration or sooner determination of the Term peaceably to yield up to the

            Landlord the Premises in a good and tenantable state of repair and condition in

            accordance with the covenants by the Tenant contained in this Lease together with all

            additions and improvements to it and all Landlord's fixtures and fittings of every kind
            now in or upon the Premises or which during the Term may be affixed or fastened to or

            upon the Premises all of which shall at the expiration or determination of the Term be

            left complete with all parts and appurtenances of the fixtures and fittings and in proper

            working order and condition PROVIDED that this covenant shall not apply to any articles

            held by the Tenant on hire or to any Tenant's fixtures or fittings PROVIDED further that

            the Tenant may from time to time (but only with the previous written consent of the

            Landlord and subject to any conditions imposed by the Landlord) substitute for any of

            the Landlord's fixtures and fittings other fixtures and fittings of at least as good a kind

            and quality as and not less suitable in character or of less value than those for which

            they are respectively to be substituted and in any such case this covenant shall attach

            and apply to the things so substituted

What it means…

When the Lease comes to an end, whether because the term of the Lease has expired, or the

Lease is ended for one of the reasons set out in the Lease, you must return the property and

any additions or improvements that you have made to the property and any fixtures and fittings

of ours that are in the property including any fixtures and fittings that you have installed at the

property as replacements, in a good state of repair. Please note that you may not replace any

of our fixtures and fittings without our written consent. This does not apply if any of the fixtures

and fittings are either hired or are yours.



    4.23.   Alienation

            4.23.1.      upon any assignment sub-letting or underletting to obtain a direct deed of

                         covenant by the assignee sub-lessee or underlessee with the Landlord to

                         observe and perform the covenants and conditions of the Lease and to pay

                         the reasonable legal fees of the Landlord in connection with such

                         assignment sub-letting or underletting or deed

What it means…

If you sell your Flat or if you rent your Flat to another person, you must make sure that the
buyer or the tenant enters into a written legal agreement with us to meet all the obligations that

are contained in the lease. The new buyer or tenant to pay our costs for noting this.



            4.23.2.    in the case of any instrument operating or purporting to assign transfer lease

                       charge discharge dispose of or affect the Premises or any part of them or

                       any interest in them or to create assign transfer dispose of or affect any

                       derivative interest in the Term or any charge on the Premises or affecting or

                       occasioning a devolution or transmission respectively by operation of law to

                       leave such instrument (or in the case of a transfer or charge or discharge of

                       a charge of registered land a certified copy of it) within one calendar month

                       after the date of such instrument or (in the case of a probate of a will or

                       letters of administration) after the date of the grant of probate or letters of

                       administration as the case may be to (if so required) leave a certified copy at

                       the Offices of the solicitors for the time being of the Landlord so that it may

                       be registered and to pay to them a reasonable charge of not less than £40

                       (Forty pounds) for each such registration

What it means…

If the property is sold, mortgaged or otherwise transferred at any point in the future then within

one month of the sale, mortgage or transfer being completed we must be sent a copy of the

relevant legal documents. We will record this sale, mortgage or transfer and we will charge a

fee for this of a minimum of £40.00. If it is a sale, it will be the new buyer who must pay us this

fee. If you are, for example, re-mortgaging your property, you must pay us this fee.



    4.24.   Repayment of Discount

            4.24.1.    if within a period of 5 years from the date hereof there shall be a relevant

                       disposal as defined by Sections 159(1) or 163A of the Act (but in the even of

                       more than one such disposal on the first of such disposals only) the Tenant

                       or any successor in title or any person deriving title under the Tenant or

                       under such successor will pay to the Landlord on demand an amount
                        calculated in accordance with Section 155A of the Act.

What it means…

The property is purchased under PRTB legislation. Under this legislation, if you qualify to

exercise the PRTB, you are entitled to a discount from the purchase price. How much discount

you are entitled to depends on how much time you have spent as a public sector / housing

association tenant. If you sell your Flat within the first 5 years, you will need to repay this

discount or some part of it. The amount of discount that you repay is reduced by one fifth for

each complete year of the first 5 years after we grant you the Lease.



Worked example:

If your discount was £20,000.00, the amount of discount that you would repay in each of the first

5 years if you sold your property before the end of each complete year would be as follows:



Year one - £20,000.00

Year two - £16,000.00

Year three - £12,000.00

Year four - £8,000.00

Year five - £4,000.00



If you sold your property after 5 complete years you would not be required to repay any

discount.



In some cases, you are able to sell your property during the first 5 years of the lease and not

have to repay any of the discount. For example, you may not have to repay any of the discount

if you sell your property to a family member. Your solicitor will let you know if you have to repay

any discount when you sell / transfer your home.



If you buy your property further to applying to exercise the PRTB before the 18 th January 2005,
the discount repayment period is 3 years and not 5 years. In that case, if you sell your property

within the first 3 years you will need to repay the discount or some part of it. The amount of

discount that you will need to repay will be reduced by one third for each complete year during

the first 3 years after we grant you the Lease.



Worked example:

If your discount was £15,000.00, the amount of discount that you would repay in each of the

first 3 years if you sold you property before the end of each complete year would be as follows:



Year one - £15,000.00

Year two - £10,000.00

Year three - £5,000.00



If you sold your property after 3 complete years you would not need to repay any of the

discount. Again it is possible in some cases to sell your property during the first 3 years without

needing to repay any of the discount. Again, your solicitor will advise you when you sell /

transfer the property whether you will need to pay any discount.



            4.24.2.     to pay the Landlord its reasonable legal fees incidental to the preparation of

                        a deed of discharge in respect of Clause 4.24.1

What it means…

The Land Registry keeps records of everything that affects your ownership of the property. This

will include your obligation to repay the discount or some part of it during the first 5 years of the

Lease. If after the 5 year period has been completed or if you repay the discount early, we may

be required by the Land Registry to prepare a legal document so that the Land Registry

removes all reference to the discount repayment obligation from your property title information.

You will be responsible for our legal costs if we have to prepare such a legal document for the

Land Registry.
4.25.   Covenants relating to the Landlord's Title or Interest in the Estate

        to comply with all the covenants restrictions stipulations and provisions (if any) imposed

        upon the Landlord's title or interest in the Estate so far as may be applicable and relate

        to the Premises or their user and in particular but without prejudice to the generality of

        the above where the Landlord's interest or title is itself a leasehold interest then to

        observe and perform all the covenants conditions provisions and stipulations on the part

        of the Landlord to be performed and observed in its capacity as lessee under the

        headlease or the superior lease as the case may be so far as they may be applicable to

        the Premises or the user of them (other than the payment of rent under the superior

        lease) and to bear a reasonable part of the costs incurred by the Landlord in

        contributing towards the costs incurred by the Superior Landlord (if any) in discharging

        its obligations under the headlease or the superior lease as the case may be SUBJECT

        to the restrictions relating to Category B Repairs and Category C Improvements (if any)

        during the Initial Period of this Lease in accordance with Clause 4.2 and in all such

        matters set out in this Clause to indemnify the Landlord against any breach of the

        provisions relating to them
What it means…

In the same way that your Lease contains various regulations, obligations and legal promises

that you must comply with, we also may have certain legal obligations relating to the land on

which your property is located which we own as your landlord. You must also comply with these

rules, regulations, obligations and legal promises. Your solicitor can advise you further on this.

It could also be that we ourselves have a landlord and we may be responsible for paying

service charges to them. If this is the case, some proportion of the service charges will be

passed on to you. As set out at Clause 4.2, the maximum of your Service Charge contribution in

relation to Category B Repairs and Category C Improvements during the Initial Period, as

mentioned previously, roughly the first 5 years of the Lease, is limited to the estimates set out in

your PRTB offer notice and cannot be increased except in line with inflation during the Initial

Period. This is not affected even where we ourselves have a landlord to whom we pay service

charges.



    4.26    Right of First Refusal

            Pursuant to section 156A of the Act until the end of the period of 10 years beginning

            with the date hereof there shall be no relevant disposal as defined by sections 159(1) or

            163A of the Act unless the prescribed conditions (as defined in section 156A) have

            been satisfied in relation to that or a previous such disposal

What it means…

During the first 10 years of the Lease, if you want to sell your property, you must first ask us if

we wish to buy the property back from you. This is called our “Right of First Refusal”. The price

that we would pay would be the market value at that time. The law sets out a procedure for

doing this and your solicitor will be able to advise you what this is.



Please note that if you made a successful application to buy your property under the PRTB

before the 18th January 2005, then you do not need to ask us if we would like to buy back your

property during the first 10 years of the Lease.
5. Declaration

   It is declared that each of the covenants contained in Clause 4 shall remain in full force both at

   law and in equity notwithstanding that the Landlord shall have waived or released temporarily or

   permanently revocably or irrevocably or otherwise a similar covenant or similar covenants

   affecting other adjoining or neighbouring premises for the time being belonging to the Landlord

What it means…

The legal promises that are contained in Clause 4 of the Lease will continue throughout the

term of the Lease without exception, even if we have released any properties neighbouring or

adjoining your property from the same or any similar obligations.



6. Landlord's Covenants

   The Landlord covenants with the Tenant as follows:

What it means…

These are the legal promises that we make to you as your landlord under the Lease.



    6.1.    Quiet Enjoyment

            the Tenant paying the Ground Rent and performing and observing the several

            covenants and conditions on his part to be performed and observed shall peaceably

            hold and enjoy the Premises during the Term without any interruption by the Landlord or

            any person rightfully claiming under or in trust for it

What it means…

Providing that you pay the Ground Rent and comply with all the rules, regulations, obligations

and legal promises contained in the Lease, we will not unnecessarily disturb you at the

property.



    6.2.    Repair and Decoration

            SUBJECT to the payment by the Tenant of the Ground Rent and the Specified

            Proportion of the Service Charge and PROVIDED that the Tenant has complied with all

            the covenants agreements and obligations on his part to be performed and observed to
            maintain repair redecorate renew and amend clean repoint paint grain varnish whiten

            and colour as applicable the following:

            6.2.1.    the structure of the Managed Buildings and in particular but without prejudice

                      to the generality of the above the roofs foundations external and internal

                      walls the window frames (but not the interior faces of such parts of the

                      external or internal walls as bound the Flat or the rooms in the Flat or glass

                      in the windows) and timbers (including the timbers joists and beams of the

                      floors and ceilings of the Managed Buildings) chimney stacks gutters and

                      rainwater and soil pipes of the Managed Buildings



            6.2.2.    the sewers drains channels watercourses gas and water pipes electrical

                      cables television aerials and wires and supply lines and all other conducting

                      media in under and upon the Managed Buildings save and except where

                      such items exclusively serve the Flat



            6.2.3.    the boilers and heating and hot water apparatus (if any) in the Managed

                      Buildings save and except such items (if any) as may be now or after the

                      date of this Lease installed in the Flat serving exclusively the Flat and not

                      comprising part of a general heating system serving the Managed Buildings



            6.2.4.     the passengers lifts lift shafts and machinery (if any) and the passages

                      landings and staircases and other parts of the Managed Buildings and the

                      Common Parts enjoyed or used by the Tenant in common with others and

What it means…

Providing that you pay the Ground Rent and your Service Charge contribution and that you

comply with all rules, regulations, obligations and legal promises in the Lease, we will ensure

that the Building in which your Flat is contained, the sewers and service connections, the

boilers and heating hot water equipment (if any), the lifts (if any) and all other communal
facilities are maintained in a good state of repair and overall general condition.



    6.3.    Maintenance

            6.3.1.     so far as practicable to keep reasonably clean and lighted the passages

                       landings staircases and other parts of the Managed Buildings enjoyed or

                       used by the Tenant in common with others and

What it means…

So far as can reasonably be expected we will keep all the passages landings and staircases

and other parts of the Building clean and lit.



            6.3.2.     so far as practicable to tend keep clean and tidy and generally to maintain

                       the gardens (but excluding the Private Gardens (if any)) forecourts roadways

                       and pathways (if any) on the Estate

What it means…

So far as we can reasonably be expected to we will keep any communal gardens, forecourts,

roadways and pathways on the Estate in a clean and tidy condition. Please note that this does

not apply to any private garden forming part of your property under the Lease.



    6.4.    Water and Heating

           PROVIDED only that the amenities referred to in this Clause are provided to all the Flats

           in the Building at the date of this Lease but not otherwise and SUBJECT as set out in

           this Lease at all times during the Term to supply hot water for domestic purposes to the

           Flat by means of the boiler and heating installations serving the Building and also from 1

           October to 30 April inclusive in each year to supply hot water for heating to the radiators

           fixed in the Flat so as to maintain a reasonable and normal temperature



What it means…

If there is a boiler and heating equipment in your Building, which provide hot water to all the
flats in your Building, we will supply hot water for the purpose of heating the radiators in your

Flat to maintain a normal temperature.



    6.5.    Insurance

            6.5.1.      to insure and keep insured for their full reinstatement value the Flat and the

                         Landlord's fixtures and fittings in the Flat against loss or damage by fire

                         and such other risks as the Landlord shall deem desirable or expedient in

                         some insurance office or with underwriters or repute and to insure and

                         keep insured the Managed Buildings against loss or damage by fire and

                         such other risks as the Landlord shall deem desirable and in case of

                         destruction of or damage to the Building or any part of it from any cause

                         covered by such insurance as to make the Building unfit for occupation and

                         use to lay out all money received in respect of such insurance (other than

                         for loss or rent and architects' and surveyors' fees) in rebuilding and

                         reinstating the Building as soon as reasonably practicable and to make

                         good any deficiency in such insurance money out of the Landlord's own

                         money
What it means…

We will put in place buildings insurance in respect of your Flat and the Building in which it is

located. This insurance will cover whatever fixtures and fittings of ours there are in your Flat. It

will not cover any fixtures and fittings which belong to you. You must put in place your own

contents insurance for your own fixtures fittings and possessions. If the Building is damaged in

any way (and the cause of the damage is a normal risk as covered by our insurance policy) if

the damage means that you can no longer live in the Building, we will use all the money

received from our buildings insurance policy to rebuild and repair the Building as soon as we

possibly can. If there is any shortfall in what we receive from the insurance policy in these

circumstances, we will make up the difference.



            6.5.2.       to permit the Tenant at all reasonable times and upon notice and payment

                         of the Landlord's reasonable costs to inspect the relevant policy of

                         insurance and take copies of it

What it means…

Providing you give us reasonable notice you can see the buildings insurance documentation

and take copies of it.



7. Further Agreements

    It is agreed and declared as follows that: -



    7.1.    Interest

            if and whenever the Ground Rent or any other money due under this Lease to the

            Landlord shall at any time be unpaid 14 days after becoming payable it shall bear

            interest calculated on a day to day basis at an annual rate of 4% above the National

            Westminster Bank base rate (or in default such other bank being a London clearing

            bank as the Landlord may specify) for the time being in force from the date it has

            become due until it shall be paid
What it means…

If any sum that you have to pay under this Lease (Service Charge, Ground Rent etc) becomes

overdue by 14 days, we can start to charge you interest on that amount if it remains unpaid.

The amount of interest will be calculated on a daily basis at the rate of 4% over the bank base

rate.



    7.2.    Suspension of Ground Rent

            in the event of the Premises being destroyed or so damaged by any insured risk as to

            be rendered partially or wholly unfit for occupation and use and PROVIDED that the

            insurance effected by the Landlord shall not have been vitiated or payment of the

            insurance money refused in whole or in part in consequence of some act or default on

            the part of the Tenant his family servants licensees or agents then the Ground Rent

            reserved by this Lease or a proportionate part of it according to the nature and extent of

            the injury sustained shall immediately cease to be payable until the Premises shall have

            been restored and reinstated and again rendered fit for occupation and use and in case

            any dispute shall arise as to the amount of such proportionate part or period during

            which such cesser or abatement of Ground Rent shall be allowed the matter shall be

            referred to the Landlord's surveyor as a single arbitrator in accordance with the

            provisions of the Arbitration Act 1950 or any statutory modification or re-enactment of

            its for the time being in force

What it means…

If your property is damaged by anything covered by our buildings insurance policy to the extent

that you can no longer live in it (unless the damage caused is as a consequence of something

that you or any occupier or visitor to your property has done or failed to do which affects our

insurance cover) you will not need to pay the full amount of the Ground Rent until your property

has been repaired and you are able to live in it again. You may have to pay some part of the

ground rent and this will depend on the amount of the damage caused to your property. If there

is any dispute about the amount of the Ground Rent it will be referred to our surveyor for a
decision.



    7.3.    Re-entry

            if the Ground Rent or any part of it shall be unpaid for 21 days after becoming payable

            (whether it shall have been formally demanded or not) or if the Tenant shall not duly

            perform or observe all the covenants and provisions on the part of the Tenant to be

            performed or observed then (and in any of these cases) it shall be lawful for the

            Landlord or any person or persons duly authorised by the Landlord in that behalf to re-

            enter into or upon the premises or any part of them in the name of the whole and to

            repossess and enjoy the Premises as if the Lease had not been made but without

            prejudice to any right of action or remedy of the Landlord in respect of any antecedent

            breach of any of the covenants by the Tenant contained in this Lease

What it means…

If the Ground Rent that you have to pay becomes overdue by 21 days or if you don‟t comply

with any of the rules, regulations, obligations and legal promises contained in the Lease,

including your obligation to pay the Service Charge, we can take steps to obtain a Court Order

and repossess your property as if the Lease had never existed. Please note that this does not

prevent us from taking action against you for any previous breaches of the rules, regulations,

obligations and legal promises contained in the Lease that you must observe.



    7.4.    Landlord's Liability for Negligence

            notwithstanding anything contained in this Lease the Landlord shall be under no

            greater liability either to the Tenant or to the family agents or licensees of the Tenant

            who may be permitted to enter or use the Managed Buildings for accidents happening

            injuries sustained or for loss of or damage to goods or chattels in the Managed

            Buildings or in any part of them whether arising from the negligence of the Landlord or

            that of any servant or agent of the Landlord or otherwise than the obligations required

            by the common duty of care
What it means…

If you or any other occupier of or visitor to your property or the Building or any other part of the

Estate has an accident or loses any items or has any items damaged our liability in respect of

such injury, damage or loss is limited to a level of care as is reasonable in all the

circumstances.



    7.5.    Landlord's Liability for Services

            notwithstanding anything contained in this Lease the Landlord shall not be liable to the

            Tenant nor shall the Tenant have any claim against the Landlord in respect of any of

            the following:

What it means…

Please note that we are not responsible for any claim against us and you cannot make any

claim in respect of the following: -



            7.5.1.      any interruption in any of the services referred to in this Lease by reason of

                         necessary repair or maintenance of any installations or apparatus or

                         damage to the services or destruction of them by fire water act of God or

                         other cause beyond the Landlord's control or by reason of mechanical or

                         other defect or breakdown or frost or other inclement conditions or

                         unavoidable shortage of fuel materials water or labour or

What it means…

Any interruption or damage to any of the services referred to in the Lease (electricity, gas, water

etc) whether this is due to any necessary repair or maintenance work to the services, fire,

weather conditions, natural event or anything outside of our control.



            7.5.2.       any act omission or negligence of any caretaker attendant or other servant

                         of the Landlord in or about the performance or purported performance of

                         any duty relating to the provision of these services or any of them
What it means…

If any caretaker at your Building fails to do anything in respect of the services to your property

that he should.



    7.6.     Calculation of the Service Charge and Specified Proportion

             the Service Charge and Specified Proportion shall be calculated in accordance with the

             Fourth Schedule

What it means…

The Fourth Schedule of the Lease sets out how we calculate the Service Charge and your

contribution to it.



    7.7.     The Items of Expenditure

             the Items of Expenditure shall comprise all those matters set out in the Fifth Schedule

What it means…

The Fifth Schedule to this Lease sets out our items of expenditure which we take into account

when we calculate the Service Charge.



    7.8.     Service of Notices

             for the purpose of service of all notices required to be served under this Lease the

             provisions as to service of notices contained in the Law of Property Act 1925 together

             with the provisions of the Recorded Delivery Service Act 1962 shall be deemed to be

             incorporated in this Lease and all notices to be served upon the Landlord shall be sent

             by recorded delivery post and addressed to the Borough Solicitors and Secretary

             Council

What it means…

The law applying to the service of notices applies to notices served under this Lease. Any

notice that you wish to serve on us has to be sent to us by recorded delivery post to us at

Knowsley Housing Trust, Lakeview, Kings Business Park, Prescot, Knowsley, L34 1PJ
      7.9.   Enforcement of Covenants

             nothing contained in this Lease shall confer on the Tenant any right to the benefit or to

             enforce any covenant or agreement contained in any lease or other instrument relating

             to any other premises belonging to the Landlord or limit or affect the right of the

             Landlord in respect of any other premises belonging to the Landlord to deal with them

             now or at any time after the date of this Lease in any manner which may be thought fit



What it means…

The legal promises made by us and you that are contained in this Lease apply only to your

property and not to any other property owned by us



8. Certificate of Value

      It is hereby certified that the transaction hereby effected does not form part of a larger

      transaction or of a series or transactions in respect of which the amount or value or the

      aggregate amount or value of the consideration other than rent exceeds one hundred and

      twenty five thousand pounds (£125,000)

What it means…

When a property is sold at between £125,000.0 and £250,000.00 an amount equal to 1% of the

purchase price is payable to the Government as tax. This is called Stamp Duty Land Tax

(“SDLT”). This clause confirms that the price paid for the property is less than £125,000.00 and

that you do not therefore need to pay any SDLT.



9.    This Lease is to a qualifying person and is made pursuant to the provisions of Part V of the Act

      as they apply by virtue of Section 171A of the Act

What it means…

You are qualified to exercise the PRTB



10.    We certify that there is no Agreement for Lease to which this Lease gives effect
What it means…

SDLT is calculated and paid on particular events. An “agreement for lease” is such an event.

There is no agreement for lease in this documentation so the Inland Revenue require us to put

a note to that effect in the Lease, otherwise SDLT would be payable on that agreement.



11.   The property hereby transferred is transferred by the Transferor, a non exempt charity, but

      this transfer is one falling within paragraph (a) of section 36(9) of the Charities Act 1993

What it means…

This is simply a statement that we need to include in the Lease as we are a charity. It means

that we comply with out charity law obligations.



12.   The Landlord and the Tenant hereby apply to the Chief Land Registrar to enter on the

      Register of the above property restrictions to the following effect and the Tenant gives his

      consent to his solicitor / conveyancer to make the necessary application to the effect that

      clauses 4.23.1 and 4.26 are complied with:


      “No disposition of the registered estate (other than a charge) by the proprietor of the

      registered estate or by the proprietor of any registered charge is to be registered without a

      certificate signed on behalf of Knowsley Housing Trust Lakeview Kings Business Park

      Prescot Knowsley Merseyside L34 1PJ by its secretary or conveyancer that the provisions of

      Clause 4.23.1 of the lease dated                    20    made between Knowsley Housing

      Trust (1) «FullNameofPurchasers» (2) have been complied with”



      “No transfer or lease of the registered estate by the proprietor of the registered estate or by

      the proprietor of any registered charge is to be completed by registration unless made in

      accordance with section 156A of the Housing Act 1985”.
What it means…

A “Restriction” is an entry on the Land Registry‟s records relating to a property which prevents

dealings with a property, such as selling it, without certain conditions being complied with.



The Land Registry will have recorded the Restrictions referred to here on the title to your

property.



In this Clause you gave permission to your solicitor to apply to the Land Registry to register two

Restrictions on your title. Anyone who you sell / lease / transfer or otherwise dispose of your

property to will have to enter into a direct legal promise with us to comply with all the obligations

contained in the Lease.



The first Restriction prevents anyone who you dispose of your property to from registering the

disposal to them without us confirming that they have entered into this direct legal promise with

us. The solicitors acting for the person to whom you dispose of the property will deal with this.



The second Restriction relates to our 10 year Right of First Refusal. This prevents sale / lease /

transfer of the property being registered at the Land Registry without your obligation being

complied with to offer the property back to us first within the first 10 years of the Lease.



Please note that this second Restriction will only be included in your Lease if you applied to

exercise the PRTB on or after 18th January 2005.



IN WITNESS whereof the Landlord has hereto affixed its Common Seal and the Tenant has sent

his hand to this deed the day and year first before written

13.   The parties apply to Her Majesty’s Chief Land Register to enter on the appropriate Register

      an Agreed Notice of the Land Charge created by the covenants on the part of the Tenant

      contained in clauses 4.24.1 and 4.26 in accordance with Section 156 and 156A respectively
      of the Act

What it means…

You and us request the Land Registry to make a note on the registers of your title of the 5 year

discount repayment period and the 10 year Right of First Refusal obligation. (There is no

request to make a note of the 10 year Right of First Refusal obligation where you exercised the

PRTB further to an application made before 18 th January 2005)



14.   The Offer Notice is a copy of the offer notice served by the Landlord on the Tenant

What it means…

A copy of the PRTB offer notice which we sent to you setting out the terms on which you could

buy the property is attached to your Lease.
                                          FIRST SCHEDULE

                                               Premises

The Premises include the surface of the floors above the joist or other supporting floor structure

and the surface of the floor of the balcony (if any) and the ceiling of the Flat up to but excluding the

joists or other supporting floor structure or beams to which the ceiling is attached and all walls save

the exterior walls dividing it from any other flat or from the common halls staircase landings steps

and passages in the Building (but including the surfaces of such walls within the Flat and the glass

of the windows of the Flat and the door and door frames and all wires and pipes cables conduits

sewers and other conducting media serving exclusively the Flat) together with the Private Garden (if

any) and together with the Landlord's fixtures and fittings sanitary apparatus and appurtenances

installed in the Flat or affixed to the Flat

What it means…

This is a description of all the property that is contained in the Lease. The property will include

the floors and ceilings, the interior walls and the glass windows, all doors and doorframes and

all wires, pipes and cables and sewers etc which are connected only to your flat. The property

will also include the area of private garden (if any), any of our fixtures and fittings including

those in the bathroom and anything else installed in or fixed to the Flat. The property does not

include any joists or supporting structures or beams to which any part of the flat is attached or

any of the exterior walls dividing it from adjoining flats or any of the common areas.
                                       SECOND SCHEDULE

                             Easements rights and privileges included

What it means…

These are the rights of which your property has the benefit: -



1. Full right of liberty for the Tenant and all persons authorised by him (in common with all other

   persons entitled to the like right) at all times by day or by night to go pass and repass over and

   along the Common Parts PROVIDED nevertheless that the Tenant shall not cause or permit the

   obstruction of any of the Common Parts by furniture vehicles or otherwise

What it means…

The right for you and anyone to whom you give permission to pass over the Common Parts

(see Clause 1.22 for a description of Common Parts). However neither you nor anyone

permitted by you to cross the common parts is allowed to block them in any way, for example

with furniture or with vehicles.



2. The free and uninterrupted passage and running of water and soil gas and electricity from and

   to the Flat through the sewers drains channels and watercourses cables pipes and wires which

   now are or may at any time during the Term be in under or passing through the Estate or any

   part of it

What it means…

All these services can be connected to your flat, sewers, drains, cables and pipes etc which run

across other parts of the Estate.



3. The right of support and protection for the benefit of the Flat as is now enjoyed from the other

   Flats and all other parts of the Building

What it means…

Your Flat has the benefit of the support and protection from adjoining flats in the Building and it
 will continue to have this.



 4. The right to place domestic waste in such place as shall be designated by the Landlord

 What it means…

 You have the right to dispose of your usual household rubbish in the area where we allow you

 to.



5.     Such rights as the Landlord may be able to obtain using its best endeavours for the Tenant

       with or without workmen and others at all reasonable times on notice (except in the case of

       emergency) to enter upon other parts of the Building:

       5.1.   for the purpose of repairing cleaning maintaining or renewing any sewers drains and

              watercourses cables pipes wires or other conduits or



       5.2.   for the purpose of repairing maintaining renewing or rebuilding the Premises or any part

              of the Building giving subjacent or lateral support shelter or protection to the Premises



 causing as little disturbance as possible and making good any damage caused in exercise of such

 rights

 What it means…

 Where possible you will have the right to enter into other parts of the Building for the purpose of

 repairing or maintaining any sewers drains, pipes, cables etc or any other part of your property.

 Except in the case of emergency you will need to give notice in order to do so. If you cause any

 damage in exercising this right, you will be responsible for putting it right.
                                        THIRD SCHEDULE

                                    Exceptions and Reservations

What it means…

These are the rights that are reserved to us and other owners and occupiers of the Estate.



There are expected and reserved out of this demise to the Landlord:

1. easements rights and privileges over and along and through the Premises equivalent to those

   set out in paragraph 2 of the Second Schedule

What it means…

These are the same rights that are granted to you, other occupiers and visitors to your property

over the Common Parts.



2. the right at any time after the date of this Lease to rebuild alter or use any of the adjoining or

   neighbouring Premises and buildings including the right to erect and maintain a fire escape on

   the exterior of the Premises and onto the Private Garden (if any) according to such plans

   (whether as to height extent or otherwise) and in such manner as the Landlord may in its

   absolute discretion think fit notwithstanding that the access of light or air to any other easement

   for the time being appertaining to or enjoyed with the Premises or any part of them may be

   obstructed or interfered with or that the Tenant might otherwise be entitled to object to such

   rebuilding alteration or use

What it means…

We can rebuild, alter or use any neighbouring properties. We are also allowed to put up a fire

escape on the outside of your property if we wish to do so and we are allowed to put this in your

private garden (if you have one).



3. the right of support and protection for the benefit of the other Flats and all other parts of the

   Managed Buildings as is now enjoyed from the Flat
What it means…

Adjoining flats and all other parts of the Managed Buildings will continue to have the benefit of

the support and protection from your Flat.



4. the right for the Landlord and any other tenants or licensees and all other authorised by them to

   pass over and across the Private Garden (if any) for the purposes of a fire escape only

What it means…

We and other owners and occupiers or visitors to neighbouring properties are allowed to cross

your private garden (if any) but only for the purpose of fire escape.



5. full rights of liberty for the Landlord its tenants and transferees in title and all persons authorised

   by the Landlord (in common with all other persons entitled to the like right) at all times by day or

   by night to go pass and repass over and along the Common Parts PROVIDED nevertheless that

   the Landlord, its tenants and transferees in title shall not cause or permit the obstruction of any

   of the Common Parts by furniture vehicles or otherwise

What it means…

We and other owners and occupiers and visitors to neighbouring property are allowed to cross

the Common Parts providing no obstruction is caused, for example with furniture or with

vehicles.
                                       FOURTH SCHEDULE

                     Calculation of Service Charge and Specified Proportions

What it means…

This schedule sets out how the Service Charge and your contribution towards it is calculated.



1. The amount of Services Charge shall be ascertained and certified by a Certificate ('the

   Certificate') signed by the Finance Officer acting as expert and not as arbitrator annually and so

   soon after the end of each Specified Annual Period as may be practicable and shall relate to

   such Specified Annual Period

What it means…

Our finance officer will calculate the amount of Service Charge as it relates to each financial

year. The finance officer will issue a certificate confirming the amount of the Service Charge.



2. A copy of the Certificate for each such Specified Annual Period shall be supplied by the

   Landlord to the Tenant on written request and without charge

What it means…

We will supply you with a copy of the certificate confirming the amount of the Service Charge on

request.



3. The Certificate shall contain a summary of the Landlord's expenses and outgoings incurred by

   the Landlord during the Specified Annual Period to which it relates together with a summary of

   the relevant details and figures forming the basis of the Service Charge and the Certificate (or a

   certified copy of it) shall be conclusive evidence of the matters which it purports to certify

What it means…

The certificate will set out our expenses and outgoings during our financial year with a summary

of the relevant details setting out what the Service Charge relates to. The certificate is accurate

evidence of the amount of the Service Charge.
4. The annual amount of Service Charge payable by the Tenant shall be the Specified Proportion

   calculated either by:

What it means…

Your contribution towards the Service Charge is calculated as follows: -



   4.1.     dividing the aggregate of the expenses and outgoings incurred in respect of the Items

            of Expenditure by the Landlord in the Specified Annual Period to which the certificate

            relates by the aggregate of the rateable values (in force at the end of such period) of all

            the premises within the Managed Buildings and then multiplying the resultant amount

            by the rateable value (in force at 31 March 1989) of the Premises PROVIDED that in

            the event of the abolition or disuse of the rateable value system for properties the

            references to rateable values in this Lease shall be substituted by a reference to the

            floor areas of all the premises in the Building or on the Estate (where applicable) and

            apportioned accordingly or

What it means…

Our total expenses and outgoings divided by the total floor area of all the properties in the

Building (or where applicable the Estate) multiplied by the total floor area of your property.



   4.2.     in the case of those items for which the Landlord's expenses extended to the Estate or

            other Estates then a fair and reasonable proportion of the costs of such expenses

            attributable to the Premises such proportion to be determined by the Finance Officer

            whose discretion shall be final and binding or

What it means…

Some of the expenses that we incur will be in relation to the whole Estate. In that case, your

contribution to that part of the Service Charge will be a reasonable amount that relates to your

property.



    4.3.    such other method as the Landlord shall specify acting fairly and reasonably in the

            circumstances and from time to time and at any time (including but without prejudice to
            the generality of the above and combination of methods)

What it means…

If at any time we use any other method for calculating your Service Charge contribution we

confirm that this will be fair and reasonable in the circumstances.



5. The expression 'the expenses and outgoings incurred by the Landlord' as used in this lease

   shall be deemed to include not only the Items of Expenditure which have been actually

   disbursed incurred or made by the Landlord during the Specified Annual Period in question but

   also such reasonable part of all such expenses outgoings and other expenditure in this Lease

   included with the Items of Expenditure which are of a periodically recurring nature (whether

   recurring by regular or irregular periods) whenever disbursed incurred or made and whether prior

   to the Commencement Date or otherwise including a sum or sums of money by way of

   reasonable provision for anticipated expenditure in respect of the above as the Landlord may in

   its discretion SUBJECT to statutory restrictions (if any) allocate to the year in question as being

   fair and reasonable in the circumstances

What it means…

Our expenses and outgoings will include those items set out in the Seventh Schedule to this

Lease. These include expenses which we incur during a Specified Annual Period, and

contribution to expenditure incurred periodically. If we incur an expense before we granted you

the Lease, but which benefits your property during the Specified Annual Period, or where we

reasonably anticipate an expense, it will be included when calculating your Service Charge.

Expenses which we incur even before we grant you the lease that benefit your property are

taken into consideration when calculating your Service Charge contribution.



6. As soon as it is practicable after the signature of the Certificate the Landlord shall furnish to the

   Tenant an account of the Specified Proportion payable by the Tenant for the Specified Annual

   Period in question due credit being given in the account for all On-Account Payment made by

   the Tenant in respect of the relevant Specified Annual Period and upon the furnishing of such

   account showing such adjustment as may be appropriate there shall be immediately paid by the
   Tenant to the Landlord the amount of the Specified Proportion SUBJECT to the restrictions set

   out in Clause 4.2 or any balance found payable or there shall be allowed by the Landlord to the

   Tenant any amount which may have been overpaid by the Tenant by way of On-Account

   Payment as the Case may require

What it means…

As soon as we are able to after the finance officer has produced the certificate, we will supply

you with an account setting out the precise contribution that you must make to the service

costs. Any Service Charge payments that you have made on account will be deducted. If the

account shows that any additional sum is payable to us you must pay this as soon as you

receive the account. If the account shows that there has been any overpayment by you this will

be credited to you.



7. PROVIDED and notwithstanding anything contained in this lease it is agreed and declared as

   follows:

What it means…

If we grant you the Lease part way through the financial year, you will need to pay the Service

Charge relating to that part of the financial year for which you are a leaseholder. This is called

an apportionment. The apportionment will be calculated from the date when your first payment

of Ground Rent is due to the following 31 st March. The first payment of Service Charge will

include the following: -



   7.1.        that in regard to the Commencement Date the Service Charge and Specified Proportion

               shall be duly apportioned in respect of the period from the date on which the first

               payment of Ground Rent shall fall due under this Lease to the ensuing 31 March and

               not in respect of the period from the date of Commencement Date to such ensuing 31

               March PROVIDED that there shall be included in the first payment



              7.1.1. a proportion (calculated in accordance with paragraph 4 of this Schedule) of the

                     cost of works of improvements including decoration to the Flat or to the Building
                  in which it is situated and

What it means…

A contribution to improvement works (including decoration) to the Flat or the Building.



           7.1.2. a proportion (calculated in accordance with paragraph 4 of this Schedule) of the

                  cost of such works of repair including redecoration to the Building as in the

                  Landlord's opinion were not within its obligations under the former tenancy and

                  necessary for the proper use and enjoyment of the Flat for the period prior to the

                  date of this Lease and

What it means…

A contribution to the repair works (including decorations) to the Building which we were not

obliged to do when you were a tenant, but are necessary in our opinion.



           7.1.3. the cost of such works of repair including redecoration to the Flat as in the

                  Landlord's opinion were not within its obligations under the former tenancy and

                  necessary for the proper use and enjoyment of the Flat for the period prior to the

                  date of this Lease being works undertaken by the Landlord between the date the

                  Premises were valued and the date of this Lease

What it means…

The cost of repair works (including decoration) to the Flat which we were not obliged to do when

you were a tenant, but are necessary in our opinion. You will be responsible for the costs of

these works that take place between when you submit your application to exercise the PRTB

and when we grant you the Lease.



    7.2.    that the provision of paragraph 6 of this Schedule shall continue to apply

            notwithstanding the expiration or sooner determination of the Term

What it means…

The provisions in this Schedule which state that you must make up any shortfall in Service
Charge payments made on account or overpayments being credited to you will continue to

apply to a Specified Annual Period during which you were the leaseholder even where your

Lease has subsequently ended.
                                          FIFTH SCHEDULE

                                         Items of Expenditure

What it means…

This schedule sets out the costs that we incur in relation to your flat, the building in which it is

situated and the estate as your landlord. The items of expenditure are quite clearly explained in

the Fifth Schedule, however, in summary they include: -



1. The expenses of maintaining repairing redecorating and renewing amending cleaning

   repointing painting graining varnishing whitening or colouring the Estate and all parts of it

   including the glass in all windows (other than the interior surface of the windows of the Flat) and

   all the appurtenances apparatus and other things belonging to the Estate including those items

   described in Clauses 6.2 and 6.3

What it means…

The cost of maintaining, repairing and keeping in a usable condition all parts of the Estate and

all equipment and apparatus forming part of it.



2. The cost of periodically inspecting maintaining overhauling repairing and where necessary

   replacing the whole of the heating and domestic hot water systems and gas electricity and water

   pipes and cables serving the Estate and the lifts lift shafts and machinery (if any)

What it means…

The costs of maintaining, repairing and keeping in good usable condition heating and hot water

systems (if any) and all pipes and cables service the Estate and all lift equipment (if any).



3. The cost (if any) of the gas oil electricity or other fuel required for the boiler or boilers supplying

   the heating and domestic hot water systems serving the Estate and the electric current for

   operating the passenger lifts

What it means…

The cost of fuel required for operating hearing and hot water system boilers (if any) and the
electricity used for operating lift systems (if any).



4. The cost of insuring and keeping insured throughout the Term the Estate and all parts of it and

   Landlord's fixtures and fittings and all the appurtenances apparatus and other things belonging

   to the Estate and more particularly set out in Clause 6.5 against such risks as the Landlord shall

   determine including 2 years loss of rent and architects' and surveyors' fees

What it means…

The cost of insuring all parts of the Estate.



5. The cost of employing maintaining and providing accommodation in the Managed Buildings for

   a caretaker or caretakers (including the provision of uniforms tools equipment and boiler suits)

What it means…

The cost of employing and providing accommodation for caretaker(s) in the Managed Buildings.



6. The cost of carpeting recarpeting or providing other floor covering cleaning collecting and

   removing refuse decorating and lighting the passages landings staircases and other parts of the

   Estate enjoyed or used by the Tenant in common with others and of keeping the other parts of

   the Estate used by the Tenant in common with others and not otherwise specifically referred to

   in this schedule in good repair and condition

What it means…

The cost of carpeting and re-carpeting and providing floor covering, removing rubbish,

decoration and lighting the communal parts of the Managed Building and the Estate.



7. All charges assessments and other outgoings (if any) payable by the Landlord in respect of all

   parts of the Estate (other than income tax)

What it means…

The costs of all other charges etc payable by us in connection with the Estate (other than

income tax)..
8. All fees and costs incurred in respect of the Certificate and of accounts kept and audits made

   for that purpose

What it means…

The fees payable in respect of the certificate setting out the amount of the Service Charge and

service charge accounts.



9. The cost of expense of making repairing maintaining rebuilding cleansing and lighting all ways

   roads stairways fire escapes pavements sewers drains pipes watercourses party walls party

   structures party fence walls or other conveniences which may belong to or be used for the

   Estate in common with other Estates near or adjoining it

What it means…

The cost of repairing, maintaining and keeping in good usable condition all pathways, roads,

stairways, fire escapes, pavements, sewers and drainage pipes.



10. The cost of installing maintaining repairing and renewing any television and radio receiving

   aerials entryphones fire alarms systems telephone relay systems used or capable of being used

   by the Tenant in common with others

What it means…

The cost of maintaining and repairing and keeping in a good and usable condition television

and radio aerials, entry phones, fire alarms, telephone systems used by you in common with

other owners or occupiers on the Estate.



11. The upkeep of the gardens forecourt roadways pathways (if any) used in connection with the

   Estate or adjoining or adjacent to it

What it means…

The cost of the upkeep of communal gardens, roadways and pathways.



12. The cost of taking all steps deemed desirable or expedient by the Landlord for complying with

   making representations against or otherwise contesting the incidence of the provisions of any
   legislation or orders or statutory requirements concerning town planning public health highways

   streets drainage or other matters relating or alleged to relate to the Estate for which the Tenant

   is not directly liable under this Lease

What it means…

The cost of us making representations in respect of planning applications etc that affect the

Estate.



13. The Landlord's management charges for the Estate in an amount equal to 15% of all other

   items included in the Service Charge



What it means…

Our management charge equal to 15% of the Service Charge.



14. All costs charges and expenses together with all VAT and other taxes (if any) incurred or to be

   incurred by the Landlord in the observance and performance of all the Landlord's obligations and

   duties to be observed and performed under the terms of this Lease or under statute including the

   Landlord's duties under the Landlord and Tenant Act 1985 or otherwise to provide facilities upon

   request for the Tenant or his agent to inspect any works specifications invoices accounts

   vouchers receipts letters memoranda or other documents held by the Landlord or by a superior

   Landlord concerning or in support of any service charge demanded from the Tenant in

   accordance with the provisions of this Lease or any copy or extract from any such documents

What it means…

Any costs (including VAT) incurred by us in performing our obligations under the Lease,

complying with the law and complying with any requests by you to inspect any works,

specifications or documentation of any type in connection with the Service Charge.
                                           SIXTH SCHEDULE

                  Restrictions and regulations imposed in respect of the Premises

What it means…

These are additional rules that you must comply with as a leaseholder.



1   The Tenant shall not (except with the written consent of the Landlord and under the supervision

    of the Landlord's surveyor and to his satisfaction) erect upon or affix to the Premises or any

    part of them any machinery or mechanical or scientific or electrical apparatus excepting only

    radio and television receiving sets (and indoor aerials for the television receiving sets) and

    small domestic electric apparatus properly fitted with an approved suppresser against electrical

    interference to other apparatus

What it means…

You are not allowed to set up at the property any type of machinery or equipment except for

radio and television sets and other small domestic electrical appliances providing that these will

no cause electrical interference with other such equipment in the Building.



2   The Tenant shall not permit or suffer to be used any lift for the carriage of any greater number

    of persons or any greater weight of goods than the number of weight specified by a notice

    affixed in the lift

What it means…

You must make sure that the lifts (if any) are not used for any more than the maximum weight

specified in the notice inside the lift.



3   The Tenant shall provide and maintain in good and clean condition net curtains for all windows

    in the Flat (unless some other type of curtain shall have first been approved by the Landlord)

    and shall at lease once monthly clean all windows of the Flat both internally and (if not

    undertaken by the Landlord) externally

What it means…
Your must put up net curtains at all windows at the flat (unless we fist approve any other type of

curtain) and you will need to make sure that the windows to the property are cleaned inside and

out once a month.



4   The Tenant shall not place leave or cause to be placed or left any furniture cycle perambulator

    toy box parcel bottle or other thing or any refuse or rubbish on the Common Parts

What it means…

You must not allow any of the Common Parts to be blocked by any furniture or vehicle or any

other item.



5   The Tenant shall not throw or allow to be thrown anything whatever out of any window door

    balcony or landing whatsoever of the Flat or roof staircase or fire escape of the Building nor

    shall the Tenant expose or hand or beat or shake washing or mats or rugs from the windows

    doors landings balconies or stairs of the Premises or the Building

What it means…

You must no throw anything out from the window, door or balcony or any other part of your

property or the Building and you must not shake out any rugs or mats from any part of the

property or Building.



6   No lorry car van or other vehicle shall be parked in any garden forecourt roadway or pathway

    adjoining or near to the Building (save only to such extent and SUBJECT to such conditions as

    may be permitted by the Landlord)

What it means…

You cannot park any vehicle of any type in the garden or forecourt or roadway or pathway

adjoining or near to the Building (unless we specify otherwise).



7   The Tenant shall comply with and be bound by any special regulations made by the Landlord

    from time to time relating to the user of any baggage or cycle room or store which shall be

    published by notice affixed in such room or store or handed or sent to the Tenant or his agent
    and anything left in such room or store shall be at the Tenant's entire risk and any such user by

    the Tenant shall be a matter of collateral arrangement between the Landlord and Tenant and

    shall not be enjoyed as of right other than that conferred by any such arrangement

What it means…

If there is a storeroom which we allow you to use for example, for storing baggage or bicycles

etc we may make special rules concerning its use. We would post a notice setting out these

rules in such a storeroom or we would send you a copy of these rules. Please note that

anything left in such a storeroom will be at your own risk. You do not have the right to use such

a storeroom in the Lease and we may withdraw our permission for you to use the storeroom.



8   The Tenant shall not make or suffer any unreasonable noise in the Flat by way of piano

    gramophone radio or television receiving set or other mechanical or musical instrument vacuum

    cleaner singing or otherwise at any time whatever

What it means…

Your must not at anytime of the day or night make excessive noise in the Flat.



9   The Tenant shall not play or permit to be played or use or permit to be used any piano

    gramophone radio or television receiving set or any of them or any other mechanical or musical

    instrument in any manner whatever or sing or allow any singing or make or allow any noise of

    any kind whatever between the hours of 11 pm and 8 am on all days so as to be audible

    outside the Flat

What it means…

You must not make noise in the property that can be heard outside the Flat between the hours

of 11pm and 8am.



10 No rags dirt rubbish refuse or other substances shall be inserted into or placed or left in the

    sinks baths lavatories cisterns or any pipe in the Flat nor shall any obstruction or blockage be

    caused in any other manner whatever
What it means…

You must not put any rubbish or other waste in any of the bathroom fixtures and fitting or cause

a blockage of that type at all.



11 No water shall be wasted in the Flat and all necessary precautions shall be taken (where

    necessary) by the Tenant to protect all pipes against freezing of water in them

What it means…

You must take all reasonable steps not to waste water at the Flat and to prevent damage of any

type to the pipes.



12 No animal bird reptile or insect shall be kept in the Flat without the written permission of the

    Landlord which if given shall be deemed to be by way of licence revocable at will and may be

    given on such terms as the Landlord thinks fit

What it means…

You may only keep a pet in the Flat with our written permission. We are able to withdraw this

permission at any time should we believe it to be necessary.



13 Not to keep dangerous offensive or inflammable materials on or in the Premises nor do or

    suffer anything to be done which is likely to vitiate any insurance on the Premises or the

    Building or on any adjoining or neighbouring Premises or increase any insurance premiums in

    respect thereof

What it means…

You must not keep any substances at the property that are dangerous or flammable or for

example by their strong odour cause offence to any owners or occupiers of properties in the

vicinity of your property. You must not keep anything in the property that could affect building

insurance cover or increase the cost of buildings insurance.



14 Not to place or permit any window boxes or plants to be placed on any window sills or

    balconies without the prior consent of the Landlord in writing
What it means…

You must not put any window boxes or plants in your windows at the property without our

permission in writing.



15 To provide (if required) a dustbin

What it means…

The wording of this regulation is self-explanatory.



16 To have the chimneys (if any) swept at least once a year

What it means…

The wording of this regulation is self-explanatory.



17 In common with other occupiers to clean (if necessary) the landings stairs and common

    passageways

What it means…

The wording of this regulation is self-explanatory.



18 The Tenant shall not allow any person or child to loiter or play in or about any entrance landing

    passage stairway or lift (if any) or any of the Common Parts

What it means…

The wording of this regulation is self-explanatory.



19 All further or other rules and regulations made at any time and from time to time by the

    Landlord in addition to or in substitution for the rules and regulations in this schedule or any of

    them which the Landlord may deem necessary of expedient for the safety care or cleanliness of

    the Estate or any part of it or for securing the comfort and convenience of the tenants in the

    Managed Buildings or any of them shall be observed and all such further or other rules and

    regulations shall be notified to the Tenant PROVIDED that no such further or other rules or

    regulations may be made under this Lease which shall be subject to the Tenant to any unusual
    or unreasonable burden

What it means…

If we believe it necessary for any reason to alter amend or add to any of the rules or regulations

contained in the Lease and we do so, we will advise you of any changes. All changes to rules

and regulations will be reasonable to the circumstances.



20 The Tenant shall not to cause commit or allow anyone living at the Property or visitors to the

    Property to commit any harassment including (but not limited to) harassment on the grounds of

    colour race sex sexual orientation age gender religious belief culture ability physical or mental

    disability or lifestyle which is or is likely to interfere with the peace and comfort or, or cause

    offence to anybody


What it means…

Neither you nor any other occupier of or visitor to the Flat must harass anybody on any of the

grounds referred to in this clause.

								
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