A PLAIN ENGLISH GUIDE TO YOUR LEASE WHAT YOUR LEASE SAYS T H I S L E A S E made the Two thousand and B E T W E E N BASSETLAW DISTRICT COUNCIL whose Principal Office is situate at Queen’s Buildings Potter Street Worksop in the County of Nottingham (hereinafter called “the Landlord” which expression shall where the context so admits include its successors in title) of the one part and of (hereinafter called “the Tenant” which expression shall where the context so admits include its successors in title) of the other part WHAT IT MEANS This Lease starts on [date] and is between Bassetlaw District Council (called ‘the Landlord’ in this lease) and [name] (called ‘the Tenant’ in this lease) In the rest of our ‘Plain English’ explanations, we will call the Council/Landlord ‘we’ and the Tenant ‘you’ WHAT YOUR LEASE SAYS W I T N E S S E T H as follows:1. IN consideration of the sum of Forty four thousand pounds (£44,000) paid by the Tenant to the Landlord (the receipt whereof the Landlord hereby acknowledges) being the sum which the parties have agreed is the price payable under Part V of the Housing Act 1985 (hereinafter referred to as “the said Act”) in the exercise by the Tenant (who is a secure tenant within the meaning of that expression as used in the said Act and who has given notice to the Landlord claiming to exercise his right to buy under Part V of the said Act) of his said right to buy and in consideration also of the rent and covenants hereinafter contained and those implied by statute herein the Landlord hereby demises with full title guarantee unto the Tenant ALL THAT ground floor flat known as Number 18 xxxxx Road, Worksop (hereinafter called the “demised premises”) ALL WHICH said property is for the purpose of identification only delineated on the plan annexed hereto and thereon coloured pink and edged red PROVIDED THAT this demise includes the ceilings and floors within the said flat (but not the structures supporting the same) and excludes the roof and foundations of the building in which the said flat is situated and the boundary walls of the said flat whether or not external walls of the said building (except the interior surfaces (including the plaster work) the glass in the windows and the doors therein) TOGETHER with the rights benefits and easements specified in the First Schedule hereto EXCEPT AND RESERVING unto the Landlord as specified in the Second Schedule hereto TO HOLD unto the Tenant for a term of One hundred and twentyfive years from the of 200 and to the intent that the existing tenancy of the Tenant shall merge and be extinguished in the said term YIELDING AND PAYING THEREFORE the yearly rent of Ten pounds on the day of in each year the first of such payments to be made on the execution hereof WHAT IT MEANS 1. You have paid us the agreed purchase price for your flat and have agreed to pay the ground rent and to keep to the conditions of your lease We agree to the lease your flat to you and your flat is shown on the plan contained in your lease The property contained in your lease includes the ceilings and floors in your flat but not the structural joists supporting the ceilings and walls The property contained in your lease does not include the roof, foundations or boundary walls of the building in which your flat is situated Any other rights or privileges which you will have are set out in schedule 1 of your lease We have retained certain rights and these are set out in schedule 2 of your lease The lease starts on [date] and continues for 125 years You must pay us a ground rent of £10 a year on [date] and the first of these payments will be due on the start date of your lease WHAT YOUR LEASE SAYS 2. IT is recorded that the discount to which the Tenant was entitled in accordance with the said Act was __________________ pounds (£ ) WHAT IT MEANS 2. The right to buy discount you were entitled to was an amount of [amount] pounds WHAT YOUR LEASE SAYS 3. THE Tenant hereby covenants with the Landlord as follows:- WHAT IT MEANS 3. You agree to do the following things:- WHAT YOUR LEASE SAYS 3.1 To pay the said rent on the year day of in each WHAT IT MEANS 3.1 To pay the whole rent on [date] each year WHAT YOUR LEASE SAYS 3.2 To pay all existing and future rates taxes assessments and outgoings whatsoever now or hereafter charged or imposed upon the demised premises or upon the owner or occupier in respect thereof or payable by the owner or occupier in respect thereof except only such as the owner is by law bound to pay notwithstanding any contract to the contrary WHAT IT MEANS 3.2 To pay all charges including taxes which become due for your flat (for example council tax) WHAT YOUR LEASE SAYS 3.3 To pay on demand:3.3.1 the amounts specified in the first proviso to the First Schedule hereto 3.3.2 a reasonable part of the costs which the Landlord estimates are likely to be incurred in discharging its obligations under Clause 4.1 and 4.2 and 4.3 hereof and improvement contributions within the meaning of Section 187 of the said Act as amended by Schedule 5 paragraph 30(3) of the Housing and Planning Act 1986 in respect of any improvements which the Landlord estimates are likely to be carried out by it under Paragraph 2/3 of the Second Schedule hereto PROVIDED THAT in any case arising under any of the aforesaid circumstances where the amount so paid by the Tenant differs from the amount actually expended by the Landlord the amount of such difference shall be paid (by the Tenant or the Landlord as appropriate) as soon after it has been identified as is practicable 3.3.3 if the Landlord should insure against its obligations under Clause 4.1 and 4.2 and 4.3 and/or Clause 4.4 hereof a reasonable part of the costs incurred by the Landlord in effecting such insurance PROVIDED THAT in such case the Tenant shall be entitled to inspect the relevant policy at all reasonable times of the day at the Landlord’s principal Office AND PROVIDED ALSO that if the Landlord does not insure against its obligations under Clause 4.3 and 4.4 hereof the Tenant shall pay a reasonable sum in place of the contribution he could be required to make if there were insurance 3.3.4 the management costs involved in respect of the above matters and in the computation and collection of other monies which may become payable to the Landlord hereunder and any necessary administration in relation thereto irrespective of whether or not the Landlord’s obligations arise WHAT IT MEANS 3.3 You must pay the following things if and when we ask you to: 3.3.1 the amounts that are set out in schedule 1 of your lease 3.3.2 a reasonable amount of the cost we think it will cost us to carry out the things we have agreed to do in clause 4.1 and 4.2 and 4.3 of your lease and any improvements which we think are likely to be needed. If the amount of money we actually spend is less than we thought then you will receive the difference back from us. If the amount of money we spend is more than we thought then you will have to pay us the difference 3.3.3 a contribution towards an insurance policy that we may take out to cover the cost of the things we have agreed to do in clauses 4.1 and 4.2 and 4.3 and 4.4 of the lease. You will be entitled to have a look at the insurance policy at our offices 3.3.4 the management and administration costs involved in collecting the money you have to pay us WHAT YOUR LEASE SAYS 3.4 To keep the interior of the demised premises in good repair (including decorative repair) WHAT IT MEANS 3.4 To keep the inside of your flat in good decoration and condition WHAT YOUR LEASE SAYS 3.5 To allow the Landlord to enter the demised premises after prior reasonable notice and at all reasonable times except in emergency to inspect the interior and also to execute repairs or alterations on any adjoining premises now or hereafter belonging to the Landlord who shall make good all damage occasioned by any such entry WHAT IT MEANS 3.5 You must allow us to come into your flat at any reasonable time to inspect the condition of your flat and carry out repairs or alterations to any adjoining property that we own. We must give you reasonable notice of when we want to come in except in an emergency. If any damage is caused by our employees we will put it right WHAT YOUR LEASE SAYS 3.6 To carry out any works necessary to remedy any breach of the repairing covenants specified in 3.4 above on written notice from the Landlord within a reasonable time of service of such notice WHAT IT MEANS 3.6 If you don’t keep your flat in a good condition, we can serve a notice on you telling you what repairs you must carry out and these repairs must be done within a reasonable time WHAT YOUR LEASE SAYS 3.7 To pay all costs charges and expenses (including Solicitors costs and Surveyors fees) incurred by the Landlord in respect of any breach of covenant by the Tenant hereunder and in particular but without prejudice to the generality of this sub-clause all such costs charges and expenses incurred for the purpose of or incidental to the preparation and service of a Notice under Section 146 or Section 147 of the Law of Property Act 1925 notwithstanding forfeiture may be avoided otherwise than by relief granted by the Court WHAT IT MEANS 3.7 If we have to take legal action against you because you break any of the conditions in this lease you will have to pay our costs WHAT YOUR LEASE SAYS 3.8 Not to do or permit the doing of any act which may result in the avoidance of any insurance on the demised premises or the building in which the same are situated not different from insurance under Clause 4 hereof and to repay on demand any increased premium resulting from any act done or permitted by the Tenant WHAT IT MEANS 3.8 You must not do anything or allow anyone else to do anything which will affect the buildings insurance or make it invalid or which would make the insurance company charge us more for the insurance. If this happens you must pay us the increase in the cost of the insurance. WHAT YOUR LEASE SAYS 3.9 Not to use the demised premises or permit them to be used otherwise than as a private residence WHAT IT MEANS 3.9 You must not use your flat or allow anyone else to use your flat for anything other than your private home WHAT YOUR LEASE SAYS 3.10 Not to make any structural alterations or structural additions to the demised premises without the written consent of the Landlord and then only in strict compliance with the terms of any such consent WHAT IT MEANS 3.10 You must not make any structural alterations to your flat without first getting our permission in writing. If we give you permission to make alterations they must be done in the way that we tell you to do them WHAT YOUR LEASE SAYS 3.11 Not to do or permit or suffer to be done upon the demised premises anything which in the opinion of the Landlord may be or become a nuisance or annoyance to or in any way interfere with the quiet or comfort of the Landlord or the occupants of the building in which the demised premises are situated or neighbouring owners or occupiers nor to use the demised premises for any illegal immoral or improper purpose WHAT IT MEANS 3.11 You must not use or allow anyone else to use your flat for anything that could cause a nuisance or annoyance to other residents of the building or to residents of nearby properties or to us. You must not use or allow anyone else to use your flat for any illegal or immoral purpose WHAT YOUR LEASE SAYS 3.12 Upon receipt of any Notice Order Direction or other thing from any competent authority affecting or likely to affect the demised premises or any part thereof forthwith so far as such Notice Order Direction or other thing or the Act Regulations or other instrument under or by virtue of which it is issued or the provisions hereof require him so to do to comply therewith at its own expenses and forthwith deliver to the Landlord a true copy of such Notice Order Direction or other thing WHAT IT MEANS 3.12 If any other authority serves any sort of legal notice on you which relates to your flat you must comply with it and you must gives us a copy of it straight away WHAT YOUR LEASE SAYS 3.13 To obtain all licences permissions and consents and execute and do all works and things and bear and pay all expenses required or imposed by any existing or future legislation in respect of any works carried out by the Tenant on the demised premises or any part thereof or in respect of any user thereof during the said term WHAT IT MEANS 3.13 If you are going to carry out any work at your flat you must obtain any permissions and consents that are required and you must pay any expenses or charges that relate to the work WHAT YOUR LEASE SAYS 3.14 To maintain the walls fences and other erections on and along the boundaries of the demised premises marked with an inward “T” on the said plan in good repair order and condition WHAT IT MEANS 3.14 If any of the boundaries are marked with an inward facing ‘T’ on the plan attached to your lease, it is your responsibility to maintain whatever runs along the boundary (for example wall or fence) and make sure it is kept in good condition WHAT YOUR LEASE SAYS 3.15 To keep the garden area forming part of the demised premises in good order and condition and free from weeds and not to erect or place or cause to be erected or placed thereon any trees buildings erections fences walls or posts including for the avoidance of doubt boundary walls fences or posts excluding boundary walls fences and posts existing at the date hereof and without prejudice to the obligations contained in sub-clause 3.14 above or other structures WHAT IT MEANS 3.15 If there is any garden included in your lease you must keep it good condition and you must not build or place anything on it (for example trees, buildings or fences) apart from than those that are already there WHAT YOUR LEASE SAYS 3.16 To pay to the Landlord in advance an annual charge of [AMOUNT] pounds for the use of the communal television aerial system serving the demised premises PROVIDED ALWAYS that the Landlord shall have the right to review such charge annually and the Tenant will thereafter pay to the Landlord such revised charge PROVIDED ALSO that the tenant may at any time give to the Landlord one months notice of disconnection from the said communal television aerial system the Tenant being responsible for the cost of disconnection and the Landlord may at any time give to the Tenant one months notice of termination and removal of the said system WHAT IT MEANS 3.16 You must pay us the amount stated in your lease for the use of the communal television aerial system and if we increase the charge for this you must pay us the increased charge. If you decide you do not want to use the communal aerial system you must give us one months notice and you must pat the cost of disconnection. If we decide to disconnect the aerial system we must also give you one months notice WHAT YOUR LEASE SAYS 3.17 Within one month of any assignment mortgage charge or devolution of the Tenants interest in the demised premises to give notice of it with full details in writing and pay a reasonable fee to the Landlord for the registration of the notice WHAT IT MEANS 3.17 If you sell your lease or secure a mortgage or loan against it you must tell us about it in writing and pay us a registration fee WHAT YOUR LEASE SAYS 3.18 At the determination of the said term peaceably to yield up to the Landlord the demised premises in good internal repair (including decorative repair) in accordance with the Tenants covenants hereinbefore contained WHAT IT MEANS 3.18 When your lease comes to the end of its term you must give your flat back to us in good condition WHAT YOUR LEASE SAYS 4. THE Landlord hereby covenants with the Tenant as follows:- WHAT IT MEANS 4. We agree to do the following things:- WHAT YOUR LEASE SAYS 4.1 To keep in repair the structure and exterior of the demised premises and of the building in which the same are situated (including drains gutters and external pipes) and to make good any defects affecting that structure WHAT IT MEANS 4.1 We will keep in repair the structure and exterior of your flat and the building in which it is situated WHAT YOUR LEASE SAYS 4.2 To keep in repair any other property over or in respect of which the Tenant has rights as specified in paragraph 1 of the First Schedule hereto WHAT IT MEANS 4.2 We will keep in repair any other property you have rights over and these are specified in Schedule 1 of your lease WHAT YOUR LEASE SAYS 4.3 To ensure so far as practicable that the services to be provided by the Landlord as specified in paragraph 3 of the First Schedule hereto are maintained at a reasonable level and to keep in repair any installation connected with the provision of such services WHAT IT MEANS 4.3 We will make sure, as far as is practical, the services we have agreed to provide in Schedule 1 of your lease are kept at a reasonable level and we will also keep in repair any installation that is connected with the service we have agreed to provide. WHAT YOUR LEASE SAYS 4.4 To rebuild or reinstate the demised premises and the building in which the same are situated in the case of destruction or damage by fire tempest flood or any other cause against the risk of which it is normal to insure WHAT IT MEANS 4.4 We will rebuild your flat or the building in which it is situated if it is damaged by anything that it is normal to insure against (for example fire) WHAT YOUR LEASE SAYS 4.5 That the Tenant paying the rent hereby reserved and performing and observing the several covenants on its part and the conditions herein contained or implied by statute shall peaceably hold and enjoy the demised premises during the said term without any interruption by the Landlord or any person rightfully claiming under or in trust for it WHAT IT MEANS 4.5 As long as you continue to pay the ground rent and other charges and keep to the conditions of your lease you are entitle to live in your flat without interference from us WHAT YOUR LEASE SAYS 5. PROVIDED ALWAYS that if the rent hereby reserved or any part thereof shall remain unpaid for Twenty-one days after becoming payable (whether formally demanded or not) or if any covenant on the part of the Tenant herein contained shall not be performed or observed the Landlord may at any time thereafter re-enter upon the demised premises or any part thereof and thereupon this demise shall absolutely determine but without prejudice to any right or remedy of the Landlord in respect of any arrears of rent or any antecedent breach of covenant WHAT IT MEANS 5 If you don’t pay any of the charges due to us within 21 days of them becoming due or if you break any of the conditions of your lease, we can terminate your lease and repossess your home WHAT YOUR LEASE SAYS 6. THE Tenant for himself and its successors in title hereby covenants:- WHAT IT MEANS 6 You agree on behalf of yourself and whoever owns the flat after you to the following:- WHAT YOUR LEASE SAYS (a) Not to let or otherwise dispose of the property hereby demised during the period of five years from the date hereof without first notifying the Landlord in writing prior to the exchange of contracts of the proposed sale or other disposal WHAT IT MEANS (a) Not to sell your flat in the first five years of owning it without letting us know in writing before you exchange contracts WHAT YOUR LEASE SAYS (b) To pay to the Landlord on demand on the first relevant disposal within the meaning of Section 159 of the said Act (not being an exempted disposal within the meaning of Section 160 thereof) within five years from the date of this Lease an amount equal to the discount to which he was entitled in accordance with the Act (such discount payable to the Landlord to be calculated as a percentage of the resale value of the property hereby demised save for any allowance for improvement made by the Tenant in accordance with the Act) but reduced by one fifth for each complete year which elapses after the date of the Lease and before the said relevant disposal WHAT IT MEANS (b) You must pay back to us some or all of the Right to Buy discount. The amount you will have to pay us will depend on when you sell your flat WHAT YOUR LEASE SAYS IT IS HEREBY AGREED and declared between the parties hereto that the liability arising under the covenant in sub clause (b) hereof shall pursuant to Section 156 of the Act be a charge on the property hereby conveyed taking effect as if it had been created by deed expressed to be by way of legal mortgage and the Landlord and the Tenant hereby apply to the Chief Land Registrar to enter such a charge against the registered title WHAT IT MEANS We agree that the Right to Buy discount that you were entitled to will be secured on your flat WHAT YOUR LEASE SAYS IN accordance with Section 156 A of the Act (confirming a right of first refusal on the Landlord) until the end of the period of ten years beginning with the date hereof there will be no relevant disposal which is not an exempt disposal unless the prescribed conditions referred to in the said Section 156 A have been satisfied in relation to that or a previous such disposal and the parties hereto request The Chief Land Registrar to enter the following restriction in the Proprietorship Register of the Title Number allocated to this lease:- 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 156 A Housing Act 1985 WHAT IT MEANS If you sell your flat within ten years of buying it you must give us the opportunity to buy your flat from you and you must not sell your flat without doing this. There will be a note on the title deeds to your flat WHAT YOUR LEASE SAYS 8. IN THIS DEED unless the context otherwise requires words importing the singular number only include the plural number and vice versa words importing the masculine gender only include the feminine gender and where there are two or more persons included in the expression “the Tenant” covenants expressed to be made by the Tenant shall be deemed to be made by such persons jointly and severally WHAT IT MEANS 8 If more than one persons owns your flat, your lease and the conditions that you have agreed to will apply jointly to all the people who own your flat WHAT YOUR LEASE SAYS 9. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration (other than rent) exceeds One hundred and twenty thousand pounds WHAT IT MEANS 9 You and we confirm that your purchase of your flat is not part of a bigger transaction and that the purchase price agreed for your lease is not more than £120,000 WHAT YOUR LEASE SAYS 10. IT IS HEREBY CERTIFIED that there is no agreement for lease to which this Lease gives effect WHAT IT MEANS 10 You and we confirm that there is no other agreement between us where we agreed to enter into your lease WHAT YOUR LEASE SAYS IN WITNESS whereof the Landlord has caused its Common Seal to be hereunto affixed and the Tenant has hereunto set his hand and seal the day and year first before written WHAT IT MEANS You and we have signed this document to confirm what it says on the date shown at the start of the lease WHAT YOUR LEASE SAYS FIRST SCHEDULE (1) Rights in accordance with Part 1 of Schedule 6 to the said Act of:(1.1) Support for buildings or any part of the building (1.2) Access of light and air to buildings or any part of a building (1.3) The passage of water and gas or other piped fuel (1.4) The drainage or disposal of water sewage smoke or fumes (1.5) The use and maintenance of the pipes and other installations for the said passage drainage and disposal specified in (1.3) and (1.4) (1.6) The use and maintenance of cables and other installations for the supply of electricity for the use of any telephone or the receipt directly or by landline of visual or other wireless transmissions All to the extent that the same are necessary as specified in paragraph (2.2) of the said Schedule 6 WHAT IT MEANS (1) This paragraph sets out the rights that you are entitled to under the Housing Act WHAT YOUR LEASE SAYS (2) A right to use at all times in common with the Landlord its servants agents licensees tenants owners or occupiers for the time being of all other maisonettes and flats in the building in which the demised premises are situated and all other persons authorised by it or on its behalf the entrance and stairway leading to the demised premises for the purpose of gaining access to and egress from the demised premises WHAT IT MEANS (2) You, we and your neighbours have the right to use the entrance and stairs to enter and leave your flat WHAT YOUR LEASE SAYS (3) A right to use the open plan area coloured green on the plan for recreational purposes in common with the Landlord its servants agents licencees owners or occupiers of the adjoining property for recreational purposes only and so as not to be a nuisance or annoyance to the Landlord and the adjoining owners WHAT IT MEANS (3) If there is an area coloured green on the plan attached to your lease, you, we and your neighbours have the right to use it for recreational purposes only. If you use the area you must not cause a nuisance to your neighbours WHAT YOUR LEASE SAYS PROVIDED that the exercise of all rights specified in this Schedule shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs of keeping all structures or apparatus affected by such rights in good repair and working order (including replacement where necessary) proportionate to the number of properties using the same any dispute over the necessity for repair or replacement the reasonableness of costs or the number of properties to be settled by the decision of an independent expert agreed between the Landlord the Tenant and all others also potentially liable to contribute or in default of such agreement appointed by the senior office holder of the local branch of the Royal Institute of Chartered Surveyors AND PROVIDED ALSO that the exercise of all rights specified in this Schedule shall also be subject to the Tenant keeping all structures and apparatus on the demised premises affected by the rights specified in the Second Schedule hereto in good repair and working order (including replacement where necessary) any dispute over the necessity for repair or replacement or the reasonableness of costs being settled by the like process to that set out above WHAT IT MEANS You must pay a share of the cost of keeping the structures or apparatus over which you have rights in good repair. This amount will be a reasonable amount and shared with all the people who have the same rights as you. You must keep the structures and apparatus in/on your flat over which people have rights in good working order WHAT YOUR LEASE SAYS (3) The benefit of the following services: Management Costs Insurance WHAT IT MEANS (3) You also have the benefit of any other service that are listed in your lease WHAT YOUR LEASE SAYS SECOND SCHEDULE (1) Like rights to those specified in paragraph 1 of the First Schedule hereto to the extent that the same are necessary as specified in paragraph 2(2) of Schedule 6 of the said Act PROVIDED that the exercise of all the above/such rights shall be subject to the contribution by those claiming to exercise the same of a share of reasonable costs on a like basis to that specified in the first proviso to the First Schedule hereto WHAT IT MEANS (1) We and other leaseholders in the same building have the same rights as you have been given in paragraph 1 of Schedule 1 of your lease. Anybody choosing to use the rights must also pay a contribution WHAT YOUR LEASE SAYS (2) The right to carry out to the demised premises or the building in which the same are situated or any other building or land over or in respect of which the Tenant has rights hereunder improvements within the meaning of Section 187 of the Act as amended by Schedule 5 Paragraph 30(2) of the Housing and Planning Act 1986 WHAT IT MEANS (2) We retain the right to carry out improvements to the building in which your flat is situated or any other building or land over which you have rights WHAT YOUR LEASE SAYS (3) The right for the Landlord to have and maintain without interference upon the demised premises such equipment as is necessary to form part of the communal television aerial (if any) serving the demised premises and/or the adjoining and neighbouring properties and the right for the Landlord its servants agents lessees licensees and all other persons authorised by it or on its behalf to enter upon the demised premises at all reasonable times for the purpose of inspecting repairing maintaining or renewing such equipment doing as little damage as possible in the exercise of such right and making good any damage caused thereby WHAT IT MEANS (3) We have the right to put and keep on your flat or the building in which it is situated any equipment needed to provide a communal television aerial. We also have the right to come into your flat and the building to maintain and repair the equipment
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