Plain English Lease
Updated March 2008
2
INDEX
Clause
Page
Interpretation
4
7
1.3
Seisin: The Council will still own the freehold of the
flat/maisonette, any gardens and outbuildings
Agreement for Lease
8
1.4
Grant and demise
8
Term
8
Rent
8
2
Lessee’s Covenants
9
3
Further Lessee’s Covenant Payment of Management
10
1
1.2
Charges
Future Liability
11
Council’s Contribution
11
Major Structural Repairs
12
Recovery of costs for Council carry out repairs
12
4
Disposal within 5 years
14
5
Right of First Refusal
15
6
The Council’s Covenants
17
7
Reciprocal
17
Quiet enjoyment
18
Council’s Powers of Management
18
Roads etc
20
Marginal Notes
20
9
Rights of Re-entry
20
10
Service of Notices
22
8
3
11
Disputes etc
22
12
Certification as to value
23
First Schedule (Part 1) The Estate
24
Second Schedule (Part 2) The Building
24
Third Schedule (Part 3) The Reserved Property
24
Fourth Schedule (Part 4) The demised premises/Right
of Way – fixtures fittings etc
Fifth Schedule (Part 5) Right and Easements granted to
the Lessee
Sixth Schedule (Part 6) Exceptions and Reservations
26
Seventh Schedule (Part 7) Lessee’s Covenants
33
Eighth Schedule (Part 8) Regulations to be observed by
the Lessee
Ninth Schedule (Part 9) Council’s Covenants to be
observed by the Council at the Lessee’s expense
Tenth Schedule (Part 10) Details of Lessee (The Term)
The due proportion exact as added etc
43
33
27
30
48
52
4
HOUSING ACT 1985
H. M. LAND REGISTRY
LAND REGISTRATION ACTS 1925 - 2002
County
-
Tyne and Wear
District
-
Newcastle upon Tyne
Title Number
-
Property Flat No:-Date
THIS LEASE is made the
day of
Parties
Two thousand and seven BETWEEN THE COUNCIL
OF THE CITY OF NEWCASTLE UPON TYNE
(hereinafter called "the Council") of the one part and
the person or persons specified in the Tenth Schedule
hereto (hereinafter called "the Lessee") of the other
part
This Lease starts on the above date and is between Newcastle Upon Tyne City
Council (called “the Lessor” in this Lease) and you (called “the Lessee” in this
lease).
In the rest of the ‘Plain English’ explanations, we wil call the Council ‘we’, ‘our’ or
‘us’ and call the Lessee ‘you’, and call the building in which your flat/maisonette is
located, ‘the block’.
WHEREAS
Interpretation
(1)
In this Lease save as otherwise provided or
unless the context otherwise requires
(A)
"the Council" includes the persons or body for the
time being entitled to the reversion immediately
expectant on the determination of the term
hereby granted
In this Lease ‘the Council’ means us or our successors who own the freehold to
your flat/maisonette.
5
(B)
"the Lessee" includes the persons for the time
being entitled to the term hereby granted and if at
any time the Lessee shall consist of more than
one person all the covenants and obligations on
the part of the Lessee herein contained shall be
deemed to have been made jointly and severally
by all such persons and masculine gender shall
include feminine and vice versa and if two or
more persons are named as Lessee they shall
hold the demised premises upon trust to sell the
same and to stand possessed of the net
proceeds of any such sale and of the net rents
and profits until sale upon trust for themselves as
beneficial joint tenants and pending the sale of
the whole they or other trustees for the time
being shall until the expiration of 125 years from
the date hereof (which period shall be the
perpetuity period applicable to the Lease and is
hereinafter called "the perpetuity period") have
the same full and unrestricted powers of dealing
with or disposing of the demised premises for any
purpose and in any manner in all respects as a
sole absolute owner thereof
The Lessee means you and any other person who has signed the Lease with
you. It also means that anyone who you sell, transfer, give or leave this
property to will also be bound by the agreement. You (and they) are liable
individually (and together) for all the agreements and obligations in this lease.
6
(C)
"the owner" means the lessee for the time being
of a flat demised upon terms similar to those
contained in this Lease
The “owner” means other leaseholders with similar agreements to yours.
(D)
References to any Act of Parliament Order
Regulation or Direction shall be deemed to be
references to that Order Regulation or Direction
as from time to time amended extended or reenacted
In the event that Parliament alter the Acts and other laws referred to in this
agreement, it is the amended version which be applied to theis agreement.
(E)
"the Estate" means the Estate described in the
First Schedule hereto
Means the housing estate (if any)named on page 24 of this Agreement.
(F)
"the Building" means the premises described in
the Second Schedule hereto
This means the block (or pair) of flats that you live in and which is described
on page 24 of this agreement.
(G) "the Reserved Property" means the property
described in the Third Schedule hereto
This refers to those part s of the property which is still fully owned by us and
which consists of everything listed at page means everything listed at Page 24
to 25 under the heading “Reserved Property”.
(H)
"the demised premises" means the premises
described in the Fourth Schedule hereto
This means the flat/maisonette that is leased to you under this Agreement and
which is described in more detail on page 26 under the heading “Demised
Premises”.
7
(I)
"the Term" means the term of years hereby
granted as specified in the said Tenth Schedule
hereto
This Lease Agreement lasts for 125 years from the day it starts.
(J)
"the due proportion" means the proportion of
Management Charges (hereinafter defined)
payable by the Lessee pursuant to clause 3(A)
hereof as specified in the said Tenth Schedule
hereto
This means the amount stated on page 52 which represents the amount
payable by you in respect of works and services provided to the block by us.
Seisin
(2)
The Council is seised of the freehold property
consisting of the Building and the grounds thereof
(if any)
We are the freehold owner of the block in which your flat/maisonette is
situated, together within any grounds accompanying the block.
Agreement for
Lease
(3) Pursuant to the Housing Act 1985 (hereinafter
called "the 1985 Act") as amended by the Housing
Act 2004 (hereinafter called "the 2004 Act" the
Council has agreed with the Lessee for the grant
to the Lessee of the demised premises for the
consideration and at the rent and on the terms and
conditions hereinafter appearing
We agree to lease you your flat/maisonette on the terms and conditions
in the Agreement.
8
NOW THIS DEED WITNESSETH as follows
Grant and
1. IN CONSIDERATION of the sum of
Demise
POUNDS (£
) paid by the Lessee to the
Council (the receipt whereof the Council hereby
acknowledges) and of the rents hereinafter reserved
and the Lessee's covenants hereinafter contained the
Council hereby demises with full title guarantee unto
the Lessee ALL THAT the demised premises
TOGETHER with the rights and easements set out in
the Fifth Schedule hereto EXCEPT AND RESERVING
unto the Council as set out in the Sixth Schedule
hereto TO HOLD the same (subject to the stipulations
conditions and all other rights easements liberties and
privileges to which the demised premises or any part
thereof are now or may at any time during the
Term
continuance of the Term be subject) unto the Lessee
for the Term to the intent that the existing tenancy of
the Lessee shall forthwith merge and be extinguished
in the Term
Upon receipt of the above money, we will lease to you the flat/maisonette
described on page 26 under the heading ‘Demised Premises’ and give you
the rights listed on pages 26 to 30. There are a number of rights which we
keep for ourselves and these are listed on pages 30 to 33.
If you already have a tenancy of this flat/maisonette, it will be replaced by
this lease and your old tenancy agreement will cease to exist.
Rent
YIELDING AND PAYING therefor the yearly rent of
Ten Pounds (£10.00) in advance on the First day of
April in every year the first payment thereof being a
9
proportionate part of a year's rent for the period from
and including the date hereof up to and including the
Thirty first day of March next and by way of a further
yearly rent during the Term all moneys due to the
Council pursuant to the provisions of Clause 3(A)
hereof such further yearly rent to be payable by yearly
payments in advance on the First day of April in each
year
You must pay the whole rent (£10.00) plus any management charges in
advance on the 1st April every year.
Lessee's
Covenants
2. THE Lessee hereby covenants with the Council and with
and for the benefit of the lessees from time to time
during the currency of the Term of the other flat or flats
comprised in the Building
(A)
To observe and perform the covenants contained
in the Seventh Schedule hereto
You agree to all the rules and obligations placed on you that are listed on
Pages 33 to 43 of this Agreement.
(B)
To observe and perform the rules and regulations
set forth in the Eighth Schedule hereto
You agree to all the rules and obligations placed on you that are listed on
Pages 43 to 48 of this Agreement.
(C)
To observe and perform the covenants conditions
restrictions and stipulations (if any) referred to in
the Eleventh Schedule hereto so far as the same
relate to the demised premises and to indemnify
the Council from and against all actions costs
10
liabilities claims and demands arising out of any
future breach thereof
You agree to any rules and obligations placed on you that are listed on pages
52 of this Agreement. You also agree to compensate us in respect of any
liability we may have to a third party as a result of yur failure to comply with
those rules and obligaitons.
3. THE Lessee hereby further covenants with the
Council as follows:To pay
(A) To pay to the Council such annual sum as may be
Management
notified to the Lessee by the Council from time to
Charges
time as representing the due proportion of the
reasonably estimated amount required to cover the
costs and expenses incurred or to be incurred by
the Council in carrying out the obligations or
functions contained in or referred to in this clause
and Clauses 6 and 8 hereof and the covenants set
out in the Ninth Schedule hereto for each financial
year running from and including the First day of
April in each year up to and including the Thirtyfirst day of March in the following year (such cost
and expenses being hereinbefore and hereinafter
together called "the Management Charges") such
estimated amount to be payable yearly in advance
on the day specified for payment of rent hereunder
the first payment being a proportionate part for the
period from and including the date hereof up to
and including the Thirty first day of March next
You agree to pay us your share of the yearly costs of managing and
maintaining the block/Estate in which your flat/maisonsette is located.
11
and IT IS HEREBY DECLARED that the
Management Charges may (without prejudice to
the generality of the foregoing) include such
amounts as the Council shall from time to time
consider necessary to put to reserve to meet the
future liability of carrying out major works to the
Building and Reserved Property or to the demised
premises
You may have to pay your share of the cost of major future works to the
block/Estate in advance of those works being carried out.
PROVIDED that
(i)
the Council will make a contribution towards the
management charges which is equal to the due
proportion multiplied by the number of flats for
the time being forming part of the Reserved
Property
We will make a contribution toward the management charges in a sum
equal to your share multiplied by the number of flats/maisonettes in the
block which we still own and which have not be leased to others.
(ii)
in determining the Management Charges
statutory provisions for the time being in force
relating thereto shall at all times be complied with
We will follow the law when calculating the amount of management
charges.
(B)
To pay to the Council on demand the amount by
which the estimated sum paid by the Lessee to
the Council under sub-clause (A) of this Clause in
respect of the Management Charges for each
financial year as aforesaid (or in the first year of
12
the term part of a financial year) is less than the
due proportion payable by the Lessee of the total
moneys properly and reasonably expended or
retained by the Council constituting the
Management Charges for such financial year
You must pay us the management charges on demand.
(C)
That if the amount by which the estimated
Management Charges paid by the Lessee to the
Council under sub-clause (A) of this clause is
more than the due proportion payable by the
Lessee of the total moneys properly and
reasonably expended or retained by the Council
as above the excess so paid shall be carried
forward by the Council to be credited to the
account of the Lessee
If at the end of any year it is apparent that the amount we spent on
managing and maintaining the block/Estate is less than the management
charges you paid for that year, then we will credit this extra payment to
your account for the following year.
(D)
That major structural repairs and replacement are
to be charged separately as they arise but the
Council will reserve the right to require the
payment of such reasonable sums as the Council
consider necessary to put to reserve to meet the
future liability of carrying out such major works
Major structural repairs and replacements will be charged to you
separately. We are entitled to request that you pay us a reasonable sum
to be kept in reserve to be put toward the cost of future major works.
13
(E)
That by virtue of Schedule 6 paragraphs 16 (B)
and 16 (C) of the 1985 Act the Council's recovery
of costs for carrying out repairs or works of
improvement to the demised premises and/or the
Building is regulated for an initial period (being
generally five years from the date hereof) to the
estimated contributions (together with any
inflation allowance) contained in the Offer Notice
served on the Lessee by the Council under
Section 125 of the 1985 Act prior to the grant of
this Lease BUT it is hereby agreed that in the
event that the Council shall after service of the
Offer Notice but prior to the grant of this Lease
have carried out works of repair to the demised
premises or the Building (and have if required
served notice in accordance with Section 20 of
the Landlord and Tenant Act 1985 or any
statutory modification or re-enactment thereof in
respect of the cost of these works) or shall have
carried out works of improvement to the demised
premises or the Building THEN the initial period
for the purposes of Schedule 6 paragraph 16 (B)
(4) (a) of the 1985 Act or any statutory
modification or re-enactment thereof shall
commence on the date immediately preceding
the carrying out of such works of repair or
improvement and the Lessee may at the
Council's discretion pay (if so demanded by the
14
Council) the costs of the said repairs or works of
improvement
During the first five years of this agreement, the charges we can ask you to
pay to cover the cost of repairs and improvement works are limited to the
amounts estimated in the Offer Notice served on you prior to the grant of this
lease. But if we have to carry out works to your block after the Offer Notice
was served on you but before you signed this Lease, then we can charge you
for these works.
Repayment
4. DISPOSAL within five years
Discount
4.1
The amount of the discount as calculated under
S129 of the 1985 Act is £
represents
which
% of the Council's current
valuation of the Property
The price you paid for your flat/maisonette is based on the market value of the
property less a percentage discount. The amount of discount you received is
stated above.
4.2
The Lessee for himself and his successors in
title hereby covenants with the Council that if
within five years from and including the date
hereof there shall be a disposal (meaning an
assignment of this Lease or the grant of a sublease whether in any such case of the whole or
part of the demised premises for a term of more
than twenty-one years otherwise than at a rack
rent (not being a mortgage term) but not
including an exempted disposal pursuant to the
1985 Act or an order under S24 of the
Matrimonial Causes Act 1973 or S2 of the
Inheritance (Provision for Family and
Dependants) Act 1975 and not a vesting in a
15
person taking under a will or on an intestacy)
the Lessee or his successors in title will pay to
the Council on demand such sum ("the discount
repayment sum") as shall be calculated in
accordance with the provisions of Section 155 of
the 1985 Act as amended by Section 185 and
Section 186 of the 2004 Act such discount
repayment sum shall be reduced by one fifth for
each complete year which shall elapse between
the date of this Lease and the date of that
disposal PROVIDED NEVERTHELESS that if
there shall be more than one such disposal the
Council shall be entitled to demand payment
only on the first one
If within the first 5 years of this lease you sell/transfer the lease to a another
person, or you sub-let the flat/maisonette on a lease for a period of more
than 21 years, then you will be required to pay to us an amount of money
equivalent to some or all of the discount you received when purchasing this
lease. The maximum you will be required to repay is the amount stated in
the previous paragraph numbered 4.1. The amount you will have to repay
will reduce by 1/5th for each complete year you have remained in the
property.
We can only ask for this money back on the first sale/transfer of your
flat/maisonette.
Right of First Refusal
5. THE Lessee for himself and his successors
in title hereby covenants with the Council that
the Lessee will not during the period of 10 years
commencing from and including the date of this
Lease make a relevant disposal (meaning an
assignment of this Lease or the grant of a sublease whether in any such case of the whole or
part of the demised premises for a term of more
16
than twenty one years otherwise than at a rack
rent (not being a mortgage term) of the demised
premises which is not an exempt disposal
pursuant to the 1985 Act or an order under S24
of the Matrimonial Causes Act or S2 of the
Inheritance (Provision for Family and
Dependants Act) 1975 and not a vesting in a
person taking under a will or an intestacy unless
the Lessee or (where appropriate) his successor
in title has first offered to sell the demised
premises to the Council (or such other person or
body nominated by the Secretary of State or
other appropriate Government Office) in
accordance with and subject to the provisions
and prescribed conditions of S156A of the 1985
Act Provided that the Lessee agrees that the
provisions of this clause shall be registerable as
a local land charge pursuant to the provisions of
S156a of the 1985 Act and further the Council
and the Lessee do now apply to the Registrar of
HM Land Registry to enter a restriction in the
appropriate registers at HM Land Registry
relating to the provisions of this clause 5
During the first ten years of this lease you cannot sell or transfer your
lease to a another person, or sub-let your flat/maisonette on a lease for a
period of more than 21 years, without giving us the chance to buy it back
from you first.
You agree that our right to first refusal shall be registered with HM Land
Registry as a restriction against the property.
17
The Council's
6. THE Council hereby covenants with the Lessee
Covenants
that the Council (at the expense of the Lessee as
herein provided) will perform and observe and carry
out or cause to be carried out the covenants and
obligations set out in the Ninth Schedule hereto and
the obligations on its part herein contained
We agree to perform and carry out our obligations as listed on pages 48 to
51 of this agreement.
Reciprocal
7. THE Council hereby further covenants with the
Covenants
Lessee that
(A)
It will require every person to whom it shall
hereafter grant a lease of the other flat or flats
comprised in the Building or any of them to enter
into covenants and regulations with the Council
similar to those herein contained and that at the
request and cost of the Lessee or any mortgagee
and upon the prior payment to the Council by the
Lessee or any mortgagee of such sum as the
Council may reasonable require in respect of
such costs it will enforce the said covenants and
regulations against the Lessee or Lessees of any
such flat or flats
Any flats/maisonettes leased to others will be done on an agreement similar to
this one. We may take action to enforce the rules contained within this and
other leases if we are asked to do so by a leaseholder or mortgagee. Prior to
taking any such action, we are entitled to ask the requesting
leaseholder/mortgagee to pay us a sum of money to cover the anticipated
costs of such action.
18
Quiet
(B)
Enjoyment
The Lessee duly paying the rents hereby
reserved and observing and performing all and
every the covenants conditions restrictions
regulations obligations and agreements on his
part herein contained shall peaceably hold and
enjoy the demised premises (together with the
rights hereby granted) for the Term without any
interruption by the Council or any person lawfully
claiming under or in trust for it
If you continue to pay the ground rent and management charges and keep
to the rules of this agreement, you will be entitled to live in peace in your
flat/maisonette without any interference from us.
8. IT IS HEREBY AGREED AND DECLARED as
follows
The Council's
(A)
That the Council shall at all times during the
Powers of
Term manage the Building in a proper and
Management
reasonable manner
We agree to manage the block properly.
The Council shall be entitled
(i)
to appoint if the Council so desires
managing agents for the purpose of
managing the Building and to
remunerate them properly for their
services
We can appoint and pay managing agents to manage the block on our behalf.
19
(ii)
to employ architects surveyors
solicitors accountants contractors
builders gardeners and any other
person firm or company properly
required to be employed in
connection with or for the purpose of
or in relation to the Building or any
part thereof and pay them all proper
fees charges salaries wages costs
expenses and outgoings
We can employ and pay other people or a firm to assist us in managing and
maintaining the block.
(iii)
at any time during the Term to
negotiate and arrange insurance
cover in respect of its obligations
under this Lease and at its own
discretion retain any benefit
commission or bonus attributable to
or arising out of any such
negotiations arrangements and/or
placing of the Council’s insurance
cover
We can arrange insurance to cover our responsibilities under this Agreement and
we can keep any benefit from this.
(iv) to delegate any of its functions under
Clause 6 and sub-clause (A) (i) (ii)
and (iii) of this clause and the Ninth
Schedule hereof to any firm or
20
company whose business it is to
undertake such obligations upon
such terms and conditions and for
such remuneration as the Council
shall think fit
We can pay a firm or company to carry out our responsibilities under this
agreement.
Roads etc
(B)
That no estate or interest in the soil of any road
or footpath adjacent to the demised premises is
or shall be deemed to be included in this demise
You do not own or have any legal interest in any roads or footpaths adajacent to
your flat/maisonette.
Marginal
Notes
(C)
The marginal notes and plain English
explanations appearing in this Lease are inserted
for the purposes of convenience only and shall
not affect in any way the meaning construction or
interpretation of these presents
The underlined headings which appear in the margin (to the lefthand side of
this agreement) and the plain english explainations contained within these
blue boxes are there to help you understand the contents of the lease but do
not affect the meaning of this agreement.
Rights of
9. IF and whenever the rent hereby reserved or any
Re-entry
part thereof shall be unpaid for twenty-one days after
becoming payable (whether formally or legally
demanded or not) or if and whenever the Lessee shall
not observe and perform all and every the covenants
conditions restrictions regulations obligations and
21
agreements on the part of the Lessee herein contained
then and in any such case it shall be lawful for the
Council or any person or persons authorised by the
Council in that behalf to re-enter the demised premises
or any part thereof in the name of the whole and to
repossess and again enjoy the demised premises as in
their first and former state notwithstanding anything
herein contained to the contrary and thereupon the
Term shall cease and determine but without prejudice
to any right of action or remedy of the Council in
respect of any antecedent breach of any of the
covenants on the part of the Lessee herein contained
PROVIDED ALWAYS that the right of re-entry and
forfeiture hereby granted shall not become exercisable
unless notice specifying the breach or breaches is first
served by the Council upon any Mortgagee under any
subsisting mortgage of which notice shall have been
given to the Council pursuant to the provision in that
behalf hereinafter contained and default shall have
been made by such Mortgagee in making good the
breach or breaches so specified for twenty one days
after service upon him of such notice
If the ground rent and/or management charges which you are required to pay
under this agreement remain unpaid for a period of 21 days or more and/or
you fail to comply with any of the rules or obligations contained within this
agreement, we will be entitled to re-enter the property and terminate your
lease. If we have been notified of the existence of a mortgagee, then before
exercising any right under this clause we must serve the mortgagee with a
notice informing them of your breach and giving them 21 days to make good
the breach.
Service of
10. ANY notice under this Lease shall be in writing
22
Notices
and any notice to the Lessee shall be deemed to be
sufficiently served if left addressed to the Lessee at the
demised premises or sent to the Lessee by post and
any notice to the Council shall be deemed to be
sufficiently served if addressed to the Council’s Head
of Legal Services for the time being of the Council and
delivered to her personally or sent to her by post or left
at the offices for the time being of the Council
Any notice we need to serve on you will be sent to the address of the
flat/maisonette to which this agreement relates.
Any notice you serve on us under this agreement should be delivered by
hand or posted to the Head of Legal Services at Newcastle City Council,
Civic Centre, Newcastle upon Tyne NE99 2BN.
Disputes etc
11. IF any dispute or difference shall arise between
the Council and the Lessee touching the determination
in a particular manner or on particular evidence of any
question whether any amount payable before costs for
services repair maintenance insurance or management
are incurred is reasonable whether such costs were
reasonably incurred or whether services or works for
which costs were incurred are of a reasonable
standard then and in every such case the dispute or
difference shall be referred in accordance with the
provisions of the Arbitration Act 1996 or any statutory
modification or re-enactment thereof for the time being
in force to the determination of a single arbitrator to be
agreed upon by the parties or failing agreement to a
person nominated by the President for the time being
of the Royal Institution of Chartered Surveyors
If there are any disagreements or differences between you and us in respect
of the quality or cost of services, repairs, maintainence, insurance or
management provided under this agreement, then that dispute shall be
considered by an independent arbitrator agreed by us and you. If we cannot
agree on who should be appointed as the independent arbitrator then the
President of the Royal Institute of Chartered Surveyors will select one for us.
23
Certificate
12. IT IS HEREBY CERTIFIED that the transaction
as to Value
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 FIVE THOUSAND
POUNDS (£125,000.00)
We are required by law to confirm that this agreement is not part of any
other agreement and does not exceed £125,000.00 in value.
12. IT IS HEREBY CERTIFIED that there is no
Agreement for Lease to which this Lease gives effect
There is no previous agreement between you and us which compels us to
grant you this lease.
IN WITNESS whereof the Council has executed and
the Lessee has signed this instrument as a Deed the
day and year first above written
To prove this agreement between you and us, you have signed it and we
have affixed our seal.
THE FIRST SCHEDULE above referred to
The Estate
24
THE Council's Estate known as
Estate
This refers to the name of the housing estate (if any) in which your
flat/maisonette is located.
THE SECOND SCHEDULE above referred to
The Building
ALL THAT piece or parcel of land TOGETHER with
the block of [pair of] flats erected thereon known as
situate in the City of Newcastle upon Tyne shown
coloured blue on the plan annexed hereto (“the plan”)
The ‘building’ refers to the block (or pair) of flats that your flat/maisonette is
part of. This building is coloured blue on the plan attached to this agreement.
THE THIRD SCHEDULE above referred to
The Reserved Property
First ALL THOSE the areas forecourts courtyards
fences walls and the halls staircases lifts (if any)
landings steps passages and other parts of the
Building which are used in common by the lessee or
lessees or occupiers of any of the other flat or flats
comprised in the Building
We still own the items listed above which includes forecourts, courtyards,
fences, walls and the halls, staircases, lifts, landings, steps, passages and
other communal areas.
Secondly ALL THOSE the external main structural
parts of the Building including the roofs chimney stacks
and pots roof supports foundations and external walls
and parts thereof (but not the glass in the windows of
the flats nor the interior faces of such external walls as
bound the flats) and also the walls dividing the flats
from the common halls staircases (but excluding the
interior faces of such walls and any staircases situated
wholly within the demised premises) landing steps and
passages in the Building and all the cisterns tanks
central heating apparatus (if any) sewers drains gutters
25
pipes wires cables ducts and conduits not used solely
for the purpose of the demised premises and the
joists or beams to which are attached any ceilings or
floors also the structural parts or railings of any
balconies
We still own the external main structural parts of the block, which includes
the roofs, chimney stack/pots, roof supports, foundations and external
walls.
We still own the walls which divide your flat/maisonette from communal
Thirdly any flat or flats comprised in the Building for the
ses except for the interior faces of such walls. The interior
halls and staircatime
being not sold or let on long lease on similar
faces of such walls form part of the property leased to you and you are
terms to these presents other than price
responsible for maintaining these.
We still own any other flats or maisonettes in the block that we have not
sold or not leased.
ral heating
We still own anyFourthly
landing,all
steother
ps, pparts
assagof
esthe
, cisEstate
terns, tother
anks,than
centthe
apparatus, sewer, drains, gutters, pipes, wires, cables, ducts and conduits
Building
which do not wholly serve your flat/maisonette (ie. those which serve the
common parts or more than one flat). Any landings, steps, passages,
cisterns, tanks, central heating apparatus etc which serves you
flat/maisonette only, forms part of the property leased to you and you are
responsible for maintaining these.
We still own all other parts of the Estate on which your flat/maisonette is
situated.
Fifthly any attic loft space and/or roof void situate
within the Building
We still own any attic, loft space and/or roof void in the block.
THE FOURTH SCHEDULE above referred to
The Demised Premises
ALL THAT Flat or Maisonette known as Number
on the
floor of the Building TOGETHER
with the adjacent plot or plots of garden or other land
(if any) AND TOGETHER with the garage (if any) and
outbuildings (if any) erected thereon or some part
thereof which said Flat garden or other land garage
26
and outbuildings are more particularly shown on the
plan annexed hereto and are thereon verged red [
]
You are being sold a long lease of the flat/maisonette referred to above and any
garden or outbuildings that are being sold as part of it. The property being
leased to you is edged in red on the plan attached to this agreement.
AND TOGETHER ALSO with a right of way over the
driveway (if any) shown coloured brown on the said
plan for access purposes to any said garage or
outbuildings
You have a right to cross over any driveway coloured brown on the attached
plan.
AND TOGETHER ALSO with:(a)
All landlords fixtures and fittings now or
from time to time during the Term
thereon or therein
All fixtures and fittings in the flat/maisonette (eg. baths/sinks/
kitchen/cupboards) are included the property leased to you.
(b)
The floors ceilings walls doors and
windows thereof so far as not herein
excepted Provided that in the case of
floors ceilings or walls forming the
boundary with another flat and which
are not separated by a joist or beam
only the inner half of the floor ceiling or
wall is included in the demise (divided in
the case of the floors and ceilings
medially and horizontally through the
main structure and in the case of walls
medially and vertically through the main
structure)
The items listed above are included in the property leased to you. This
includes any walls, ceilings and floors which are inside your flat/maisonette,
but does not the structural joists underneath the floors. It also includes the
inner half of any walls, ceilings and floors which form the boundary between
your flat/maisonette and adjoining flats/maisonettes. It includes any doors
and doorframes inside your flat/maisonette (but does not include your
entrance door) and any windows which are only for your use. It also includes
any doors, windows and inner walls of any outbuildings that have been
leased to you as part of the flat/maisonette.
27
(c)
All cisterns tanks drains pipes wires
ducts and conduits used solely for the
purposes of the demised premises
whether or not within the boundaries of
the demised premises
All cisterns, tanks, drains, pipes, wires, ducts and conduits that serve only
your flat/maisonette are also included in the property leased to you.
THE FIFTH SCHEDULE above referred to
Rights and easements granted to the Lessee
1.
The right in common with the Council and the
lessee or lessees and occupiers of any other flat or
flats comprised in the Building and all others having
the like right for the Lessee and for all other persons
coming to or leaving the demised premises to use for
the purpose only of access to and egress from the
demised premises all such stairs passageways and
other parts of the Building as afford access thereto and
egress therefrom (including all or any lifts) and all
driveways and footpaths now or within the perpetuity
period serving the Building and the estate roads and
footpaths forming part of the Estate
You, along with us and any other leaseholders/tenants, have the right to
use the communal passageways, stairways, lifts, footpaths, roads and
driveways within the block or the Estate for the purpose of access to and
from your flat/maisonette.
2.
The right of free passage and running of air water
oil soil gas and electricity television and telephone
signals or impulses through the ventilators sewers
drains pipes wires cables and conduits and other
services and conducting media which are now or may
within the perpetuity period be in or under or upon any
part of the Estate or the Building in so far as the same
are connected to and serving the demised premises
together with all easements rights and privileges for
repairing maintaining and reinstating the same
You are entitled to use any ventilators, sewers, drains, pipes, wires, cables,
conduits and other services which are connected to your flat/maisonette for the
purpose of receiving air, water, oil, soil, gas, electricity, TV and telephone
signals. You also have a right to carry out repairs and maintenance to any of
these.
28
3.
The benefit of covenants and restrictions similar
to those herein contained imposed by the leases of
other flats comprised in the Building upon the lessees
thereof so far as such covenants and restrictions are
intended to benefit the demised premises or the
Lessee and so far as the benefit thereof can in law
accrue to the demised premises or the Lessee
For your benefit, similar rules and restrictions are imposed upon other
leaseholders within the block.
4.
The right of support and shelter so far as may be
necessary for the demised premises as the same is at
present enjoyed from the adjoining flat or flats and any
part of the Building which may be respectively below or
beside or above the flat and the foundations thereof
and the right to the protection afforded to the demised
premises by the roof of the Building
You are entitled to take steps to ensure that the structure of the block
continues to support and protect your flat/maisonette.
5.
The right at all reasonable times with or without
workmen and others as often as need or occasion
shall require to enter any adjoining or adjacent flat or
any other part of the Reserved Property as necessary
and remain therein for such reasonable time as is
necessary for the purpose of complying with any of the
covenants on the part of the Lessee herein contained
which cannot otherwise be complied with the Lessee
making good forthwith any damage caused thereby
such right not to be exercised unless reasonable notice
has previously been given to the adjoining owner (or to
the Council if the flat to be entered forms part of the
Reserved Property) except in case of emergency
You or anyone working on your behalf have the right to access adjacent
flats or other parts of the block to carry out works where this is necessary
to meet your obligations under this lease. If you require access to another
flat you must (except in cases of emergency) give the relevant
owner/occupier advance notice of your requirements. If you require access
to parts of the block/Estate which are still owned by us, you must (except
in cases of emergency) give us advance notice of your requirements.
Access can only be required at reasonable times and you must cause as
little nuisance as possible. You will be responsible for putting right any
damage caused by you or your workmen as soon as possible.
29
6.
The right to discharge household refuse into any
refuse chute serving the Building between the hours of
Eight ante meridian and Ten post meridian only
If your block has a rubbish chute, you may put household waste into it
between the hours of 8.00am and 10.00pm.
7.
The right for the Lessee and all other persons
authorised by the Lessee (in common as aforesaid) to
use such gardens (if any) coloured green on the said
plan and other communal amenity areas (if any) on the
Estate as may from time to time subsist subject to
compliance with all regulations laid down by the
Council in respect thereof
You may use any communal gardens on the Estate(these will be coloured
green on the map) and any communal amenity areas on the Estate provided
that you comply with any rules and regulations laid down by us in conenction
with their use. You may also allow your visitors to use these areas.
8.
A right of way for the Lessee and all persons
authorised by the Lessee to pass and repass on foot
only at all reasonable times over the piece of land (if
any) shown coloured yellow on the said plan for all
purposes connected with the use and enjoyment of the
demised premises
You may cross on foot and at reasonable times any areas coloured yellow
on the plan attached to this agreement. You may also allow your visitors to
cross these area(s).
9.
The right (in common as aforesaid) subject to
payment of all charges therefor and compliance with all
regulations laid down by the Council in respect thereof
to use any residents club room laundry rooms or other
communal facilities which may be from time to time
subsisting in the Building or on the Estate
You have the right to use any residents club room, laundry room or other
communal facilities within the block or the Estate provided you comply with
any rules and regulations (which may include payment of charges)laid down
by us in conenction with its use.
30
THE SIXTH SCHEDULE above referred to
Exceptions and Reservations
1.
The right of free passage and running of air water
soil gas oil and electricity and television and telephone
signals or impulses through those ventilators sewers
drains pipes wires cables and conduits and other
services and conducting media which now are or may
within the perpetuity period be in under or upon the
demised premises together with all easements rights
and privileges proper for repairing maintaining and
reinstating the same
We have a right to pass air, water, oil, soil, gas, electricity, TV and telephone
signals through any ventilators, sewers, drains, pipes, wires, cables, conduits
and other services which are located in, under or upon your flat/maisonette.
2.
The right of support and shelter and all such
other rights easements and quasi-easements as are
now enjoyed by the flats or the flat and any other part
of the Building not included in this demise
We are entitled to take steps to ensure that other flats and other parts of the
building continue to receive structural support and protection from your
flat/maisonette.
your flat/
3.
The right for the Council its servants or agents
and the owners or occupiers of the other flats their
servants or agents at all reasonable times with or
without workmen and others as often as need or
occasion shall require to have access to and enter the
demised premises and remain therein for such
reasonable time as is necessary for the purpose of
carrying out any works improvements or repairs to any
part of the Building or the Estate or to any cisterns
tanks sewers drains gutters pipes wires cables ducts
and conduits or other things serving any part of the
Building or the Estate which cannot otherwise be
executed and of complying with their respective
obligations either hereunder or under any covenants
relating to any other flat the person exercising such
rights making good forthwith any damage caused by
such entry such right not to be so exercised unless
reasonable notice has previously been given to the
Lessee except in case of emergency
We, our workmen and leaseholders of other flats are entitled to access your
flat/maisonette where this is necessary to carry out improvements, repairs or to
meet our/their obligations under this/their lease agreements. If access is
required to your flat/maisonette, the relevant party must except in cases of
emergency) give you advance notice of their requirements. Access can only be
required at reasonable times and the responsible party must repair any damage
caused
31
4.
The right for the Council its servants or agents
and the lessees of other flats their servants or agents
at all reasonable times as often as need or occasions
shall require to have access to and to enter the
demised premises for the purpose of fixing and
maintaining scaffolding and any other apparatus as
may be necessary for the purpose of carrying out any
works to the Building the person exercising such right
making good forthwith any damage caused thereby
such right not to be exercised unless reasonable notice
has previously been given to the Lessee except in
case of emergency
We, our workmen and leaseholders of other flats are entitled to access
your flat/maisonette for the purpose of fixing or maintaining scaffolding and
other apparatus required in connection with carrying out works to the block.
If access is required to your flat the relevant party must (except in cases of
emergency) give you advance notice of their requirements. Access can
only be required at reasonable times and the responsible party must repair
any damage caused.
5.
All such rights of way water and light drainage air
and other rights and easements and quasi-easements
of any kind whatsoever over the demised premises as
now belong to or are enjoyed or intended to be
enjoyed by the Council or any statutory undertakers
their lessees or tenants in respect of any adjoining or
adjacent premises
This agreement preserves any rights (including rights of way, water, light,
air and drainage) that we, other leaseholders and/or other occupiers had
over your flat/maisnette prior to this agreement.
6.
The full and free right for the Council and their
successors in title and licensees including statutory
undertakers and telecommunications operators and its
successors in title and such other persons as the
Council may from time to time so authorise in relation
to all wires cables poles brackets fixtures fittings
repeater kiosks and other similar equipment in on over
along to and/or against the demised premises for the
diffusion of messages broadcast from any authorised
broadcasting station to place erect fit attach fix use
renew inspect repair maintain or remove such wires
cables poles brackets fixtures fittings repeater kiosks
32
and other similar equipment together with the right of
entry on the demised premises for the purpose of
exercising such rights (such persons as aforesaid
exercising the said rights making good at their own
expense and as soon as reasonably possible all
damage occasioned thereby) and it is hereby declared
that the Lessee shall be entitled to the benefit of such
similar rights as are or may be reserved under any
Conveyances or Leases by the Council of other
properties adjoining or neighbouring the demised
premises in so far as such rights may be requisite for
the reception of the aforesaid messages broadcast
programmes and entertainment on or at the demised
premises
We, our workmen, statutory undertakers and telecommications operators have
the right to fit, attach, renew, inspect, repair, maintain or remove all wires,
cables, poles, brackets and other fittings over, along or against your
flat/maisonette for purposes of providing reception for telecommunications, tv,
radio and other entertainment. We have the right to enter your flat/maisonette
for this purpose. Any damage will be repaired by those responsible. You have a
similar right under this agreement.
7.
The right for the Council and its lessees and
tenants at any time hereafter to build or rebuild or alter
or permit or suffer to be built or rebuilt or altered any
buildings or erections upon the Estate including the
Building or upon any adjoining property now or
hereafter belonging to the Council according to such
plans and to such height extent or otherwise and in
such manner as the Council may think fit and to alter
the layout of the roads and footways within the
boundaries of the Estate without obtaining any consent
or making any compensation to the Lessee provided
that such works do not interfere with any rights to the
access of light and air now enjoyed by the demised
premises
We and persons authorised by us (which may include other tenants and
leaseholders), have the right to carry out building works, alterations or build
new erections to or upon the block, the Estate or any adjoining property
owned by the Coucnil. We can also alter roads and footpaths within the
Estate. We can do this without seeking your consent. Provided such works
do not interefer with your access rights or your rights to air/light, we do not
have to pay you any compensation in respect of this.
8.
The right for the Council from time to time to
make add to or amend regulations for the preservation
of the amenities of the Building or the Estate or any
33
part thereof for the general benefit of the occupiers of
the buildings thereon
We can make or change the rules regulating the use of communal areas and
communal amenities within the block and/or Estate.
9.
The right for the Council its servants or agents
and the lessee lessees or occupiers of the other flat or
flats comprised in the Building and all persons
authorised by them to pass and repass on foot only at
all reasonable times over that part of the demised
premises (if any) shown hatched green on the said
plan
We, our tenants, other leaseholders and persons authorised by us/them are
entitled to cross on foot over the area marked green on the attached plan (if
any).
10. The exceptions and reservations (if any) referred
to in the Eleventh Schedule hereto
We also retain the rights (if any) listed on page 52 of this agreement.
THE SEVENTH SCHEDULE above referred to
Lessee’s Covenants
1.
To pay the said yearly rents herein reserved and
payable at the times and in the manner at and in which
the same are herein reserved and made payable
without any deduction
You agree to pay your annual rent and management charges in full and
on time.
2.
To pay all existing and future rates taxes
assessments charges impositions and outgoings
whatsoever now or hereafter assessed charged or
imposed upon the demised premises or upon the
owner or occupier in respect thereof and in the event
of any such being assessed charged or imposed in
respect of the Building to pay the due proportion
34
thereof attributable to the demised premises except
only (in all the above cases) such as the owner is by
law bound to pay notwithstanding any contract to the
contrary
You agree to pay all rates, taxes and other outgoings (eg. council tax,
water charges) charged to you and your flat/masionette. You must
also pay a proportion of any rates, taxes and other outgoings that are
charged to the block as a whole. The proportion you will be required to
pay is stated on page 52 of this agreement.
3.
To pay for all gas and electricity or other
illuminant or source of power consumed on the
demised premises and all charges for the hire of
meters in respect thereof and all hot water and central
heating charges (if any) including all charges for fuel
and any government tax duty or levy thereon and for
plant management ash disposal the filling of hoppers
or tanks and any other charges and costs incidental to
the running maintenance and management of the
heating plant and equipment serving the demised
premises only
You agree to pay for all gas, electricity, heating, lighting or other fuel
consumed in your flat/maisonnette. You also agree to pay for costs
incidental to the running, maintaance and anagement of related plant
or equipment serving your flat/maisonette.
4.
To the satisfaction of the Council to keep in good
and substantial repair and condition and properly
cleansed throughout the Term the demised premises and
all fixtures and fittings and the glass in the windows
therein and all additions thereto and all (if any) boundary
walls and fences of the demised premises marked 'T' on
the said plan and in conjunction with the Council or their
successors in title to maintain the fence and/or wall (if
any) at the rear boundary of the demised premises
marked with a 'T' on both sides of the rear boundary
delineated on the said plan and whenever necessary to
rebuild and reinstate and replace the demised premises
and every part thereof including all doors and door frames
and the glass in the windows floors and ceilings boundary
walls and fences and all cisterns tanks sewers drains
gutters pipes wires cables ducts and any other things
installed for the purpose of supplying hot water (if any)
central heating (if any) gas electricity or other illuminant or
source of power or for the purpose of draining away water
and soil and for allowing the escape of steam or
deleterious matter from the demised premises in so far as
35
pipes wires ducts or other things are solely installed or
used only for the purposes of the demised premises and
including all walls windows boards and skirtings save that
in the case of all exterior walls and all walls dividing the
demised premises from the common halls staircases
passages and landings in the Building the obligations of
the Lessee under this clause shall be limited to keeping
the interior plaster work and decoration of such walls
windows boards and skirtings in such repair and condition
as aforesaid
You must keep your flat/maisonette, any additions and all fixtures and fittings
clean and in good repair. You must replace or nenew items whenever
necessary. This i5.
ncludTo
es (paint
but nthe
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) athe
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indow pa
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(except entrancetwo
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are installed solesufficiently
ly for use bpaper
plaster the interior of the sterwork,
skirting and decodemised
ration. premises and all additions and improvements
thereto as are usually or ought to be painted papered
You must also reand
pair plastered
and maintand
ain agenerally
ny boundto
arydecorate
walls or and
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marked on one sredecorate
ide by a ‘T’ the
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is marked on both
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the plan attach
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this agreement.
ofed
the
You must decorate (ie. paint, paper, plaster) the inside of your
flat/maisonette every seven years and in the last year of your lease. When
painting, you must use at least two coats of best quality paint.
6.
To permit the Council with or without workmen
and all other persons authorised by it at reasonable
times and upon reasonable notice (except in
emergency) during the Term to enter upon and view
and examine the condition of the demised premises
and prepare a schedule of all landlord's fixtures and
fittings therein and for any other purpose and of all
defects and wants of repair on any such view found
the Council may thereupon serve the Lessee with
notice in writing specifying any repair necessary to be
done and for which the Lessee is liable under the
covenants in that behalf herein contained and
requiring the Lessee forthwith to execute the same
and if the Lessee shall not within two months after
service of such notice or sooner if requisite proceed
diligently with the execution of such repairs to permit
the Council and all persons authorised by it to enter
upon the demised premises with any requisite
appliances and execute such repairs and the cost
thereof shall be paid to the Council by the Lessee and
be forthwith recoverable by action as if it were rent
You must allow us or our workmen access to inspect the condition of your
flat/maisonette or any other purpose. We must give you advance notice of
our need for access (except in cases of emergency). Following the
inspection, we may give you a written notice requesting that you carry out
specific repairs. If you do not carry these out within two months of
recieving the notice, we and/or our workmen will be entitled to enter your
36
7.
Upon receipt of reasonable notice (except in case
of emergency) to permit the respective lessee or
lessees of the other flat or flats comprised in the
Building to have access to and enter the demised
premises as often as it may be reasonably necessary
for them to do so in fulfilment of their respective
obligations under any covenants relating to any other
flat and similar to those herein contained
You must allow other leaseholders access to your flat/maisonette where this
is necessary to enable them to fufil with their own lease obligations. If they
require access they must (except in cases of emergency) give you advance
notice of their requirements.
8.
Within the time limited by law or by notice
requiring the same to be done or if no such time is
limited within a reasonable time to carry out all sanitary
works and all other works whatsoever which a public
authority (including the Council or any other competent
authority) may lawfully require to be carried out on or in
connection with the demised premises (whether by the
Landlord tenant owner or occupier) all such works to
be done to the satisfaction of the Council or its agents
in all respects to pay or cause to be paid all fees
lawfully payable to any surveyor or other officer
employed by the public authority and all other fees and
payments property claimed by any such authority and
also the proper and usual fees and charges of the
Council or its agents for work done by the Council or
its agents in preparing or approving plans or in
supervising the execution of any of the works or
otherwise in connection with the demised premises or
as may thereafter be required hereunder
You must carry out all sanitary works and any other works required by any
public authority. You must do this within the time required by law or stated
within the notice given to you. In absence of a specific time limit, you must
carry out the works within a reasonable period of time. All works must be
carried out to our satisfaction and you must agree to pay the cost of all work
done by us or our agents in preparing/approving plans or in
supervising/inspecting the works needed. You also agree to pay any fees that
are lawfully charged by the relevant public authority.
37
9.
Within one calendar month after every
assignment transfer underletting vesting deed assent
charge mortgage or devolution of the demised
premises or on the grant of Probate of the Lessee's will
or on the grant of Letters of Administration to his
Estate to produce the same to the Council's Head of
Legal Services for registration and to pay to the
Council's Head of Legal Services her reasonable fee in
respect of each such document or instrument so
produced
Within one calendar month of your flat/maisonette being sold, transferred,
sub-let, inherited, mortgaged or charged you (and/or your sucessor) must
send a copy of the relevant legal document (eg. deed of transfer, subtenancy agreement, grant of Probate, Letters of Administrateion, mortgage)
to Head of Legal Services, Newcastle City Council, Civic Centre, Newcastle
upon Tyne, NE99 2BN. We will register the document and can charge you a
fee for this.
10. In the event of the Council contemplating selling
or granting a lease of the reversion expectant hereon
to permit on reasonable notice being given any
prospective purchaser or lessee or their respective
agents to enter upon the demised premises to view the
same
If we are thinking of selling or leasing the freehold of your flat/ maisonette,
you must allow us and/or any prospective pruchaser to enter and view your
flat/maisonette. You will be given advance notice of the viewing.
11. Upon the receipt of any notice order requisition or
other thing from a competent authority affecting or
likely to affect the demised premises or any part
thereof or the landlord's fixtures therein and thereon
whether the same shall be served directly on the
Lessee or the original or a copy thereof be received
from any underlessee sub-tenant or other person
whomsoever the Lessee will so far as such notice
requisition direction or other thing or the Act Regulation
Order or other instrument under and by virtue of which
it is issued or the provisions of this Deed require the
Lessee so to do comply therewith at its own expense
and will forthwith deliver to the Council two copies of
any such notice order requisition direction or other
thing which may be capable of adversely affecting the
38
Council's interest herein or reversionary interests in the
demised premises
If you or any sub-tenant receives a notice, order or request from any
authority that is likely to affect any part of the flat/maisonette or its
fixtures, you must send us 2 copies of it as soon as possible.
12. (i)
Not to do or permit or suffer to be done
any act matter or thing in respect of the demised
premises or any part thereof which may contravene
any provision of the Act and to keep the Council
indemnified against all costs claims demands and
liabilities in respect thereof
You must comply with the the law. If you fail to do so you must reimburse
us for any damage or loss that may be sustained as a result of your failure.
(ii)
Within seven days after the receipt of
the same to give full particulars to the Council of any
notice or proposal for a notice or order or proposal for
an order given issued or made to or on the Lessee by
the planning authority under the Act and if so required
by the Council to produce such notice or proposal to it
and without delay to take all reasonable and necessary
steps to comply with any such notice or proposal and if
the Council is not the local planning authority at the
request of the Council but at the cost of the Lessee to
make or join with the Council or any other person the
Council shall direct in making such objection or
representation against or in respect of any such notice
order or proposal as the Council shall deem expedient
You must inform us if your receive any notice, order or proposal from a
planning authority. You must do so within 7 days of recievng it and if we
ask you to send us a copy of the document you must do so without further
delay. If the document requires you to do anything, you must take
reasonable steps to comply with it. If it is was not our planning authority
that gave you the notice/order/proposal, we will be entitled to object to the
notice and charge the costs of doing so to you.
13. Not to permit any owner or occupier of any
adjoining or adjacent premises to acquire any right of
light over the demised premises or the Building but
forthwith to inform the Council of any act or thing
coming to the knowledge of the Lessee which might
result in the acquisition of such right or easement over
39
the demised premises or the Building and to do all acts
and things which may be necessary or expedient to
prevent the acquisition of any such right or easement
You must not allow anyone in adjoining or nearby premises to gain a right
of light over your flat/maisonette or the block. You must inform us
immediately if you become aware of anything that may lead to someone
acquiring such a right. You must do all you can to stop this from
14. Not to suffer any encroachment to be made on
the demised premises and if any such shall be made to
permit the Council or all others for the time being
concerned to take any appropriate action and not to
permit any wilful voluntary or permissive waste or spoil
to be done or suffered upon the demised premises
You are not to allow any persons without a right to come into your
flat/maisonette (including any gardens outbuildings that may be leased to
you) or allow them to deposit anything (including waste) upon it. If this
does happen, you must allow us to take action to remedy the situation.
15. To pay the Council all expenses (including
solicitor's costs and surveyor's fees)
(i)
incurred by the Council for the purpose of or
incidental to the preparation and service of a notice
under Section 146 of the Law of Property Act 1925
notwithstanding that forfeiture is avoided otherwise
than by relief granted by the Court and
You agree to pay us all expenses (including solicitor’s costs and surveyor’s
fees) that may be incurred by us in preparing and giving to you notice that
the lease is to be forfeited, even if forfeiture is avoided.
(ii) incurred by the Council incidental to the
preparation and service of a Schedule of Dilapidations
at the end or sooner determination of the Term in
respect of the demised premises
You agree to pa16.
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the other flat or flats comprised in the Building or to the
owner or occupier of any adjoining or neighbouring
property
You must not to allow anything to be done in or near to your
flat/maisonette that may be or become a nuisance to any occupiers of the
other flats/maisonettes in the block or in the neighbouring property.
40
17.
(i)
Not to use the demised premises other than
as a single private dwellinghouse for the
occupation of one family (as defined by
Section 113 of the 1985 Act) only
You must not use the flat/maisonette for anything but a single private
house and it is to be occupied by only one family at any one time.
(ii)
Not to subdivide the demised premises
You must not divide the flat/maisonette up so as to create more than one
home/property.
Subject nevertheless to the number of persons
occupying the demised premises not exceeding the
permitted number as specified in Part X of the 1985
Act or as may be specified in any re-enactment of the
same
You must not overcrowd your flat/maisonette.
18. Not to use the demised premises or permit or
suffer the same to be used for any purpose of an illegal
immoral improper unpleasant noisy or noxious nature
or for the sale or commercial manufacture of
intoxicating liquors
You must not use or allow your flat/maisonette to be used for any
purpose that is illegal, immoral, improper, unpleasant, noisy or of a
noxious nature. Nor must you use it for the sale or commercial
19. Not at any time hereafter without the prior written
consent of the Council's Head of Property Services or
such other person as shall be appointed to act in his
stead to make or permit to be made any alteration in
the construction height elevation or architectural
appearance of the demised premises or any part
thereof or to alter or cut any of the principal walls or
timbers thereof or erect or build any additional or any
substituted building whatsoever upon the demised
premises or any part thereof or enclose the portico
thereof (if any) or to erect any fences or obstruction
41
poles wires aerials or other erection upon the demised
premises or in any way alter or add to the central
heating or hot water system (where applicable) in the
demised premises
You must not do any of the following to your flat/maisonette without first
obtaining permission from our Head of Property Services:
- alter its outer appearance or height;
- cut or alter any principle walls or timbers;
- build any erections or addition to the existing building;
- install any fences, obstructions, poles, wires, aerials or other erection;
- alter or add to the central heating or hot water system.
20. Not to permit any water or liquid to soak through
the floors of the demised premises or suffer dirt
rubbish rags or refuse of any corrosive or harmful
substance to be thrown into the sinks baths lavatories
cisterns or waste or soil pipes in or serving the
demised premises and in the event of such happening
without prejudice to the Council's other rights under
this Lease immediately at the expense of the Lessee to
rectify and make good all damage and injury thereby
caused
You must not allow any water or liquid to soak through your floors. Nor
must you allow dirt, rubbish, moss or any corrosive or harmful substance to
be thrown into the sinks, baths, lavoraties, cistems or soil pipes that are in
or serve your flat/masionette. If this does happen you must immediately
repair all damage caused at your own expense.
21. At the expiration or sooner determination of the
Term peaceably and quietly to surrender and yield up
unto the Council or as it may direct the demised
premises with vacant possession with the
appurtenances and all the landlord's fixtures and
fittings therein in good and substantial repair and
condition and in all ways in accordance with the
Lessee's covenants herein contained
You must vacate your flat/maisonette and any gardens/outbuildings at the
end of the lease (or earlier if arranged). You must take all your
possessions wit22.
h youInburespect
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repair and condiCouncil
by virtue of paragraph 2 of the Ninth Schedule
hereto the Lessee shall:(a)
Not do or permit or suffer to be done any act or
thing whereby the Council's policy or policies of
insurance effective in respect of the Building or
42
any part thereof may be or become void or
voidable or whereby the rate of premium may be
increased or where any valid claim may be
refused and in particular not to leave the demised
premises continuously unoccupied for more than
30 days
You must not allow anything to be done which will cause our insurance
policies for the block to become void, cause our insurance premiums to
increase or cause a good insurance claim to be refused. In particular, you
must not leave your flat/maisonette empty for a period of more than 30 days
(b)
To inform the Council of any change in
circumstances from that contained in the
proposal form completed by the Lessee at the
commencement of this Lease
You must tell us of any change in your circumstances from those listed in
your proposal form.
(c) To pay to the Council any expenses incurred by
the Council in or about any renewal of such policy
or policies rendered necessary by:(i)
A breach by the Lessee of this covenant
(ii)
A change in circumstances of the
Lessee increasing the risk on the policy
Together with the full expenses incurred by the
Council in respect of any damage to the building
arising out of an insurable risk at the demised
premises whereby a breach of the insurance
conditions by the Lessee shall have negated any claim
in respect of such damage AND all such costs and
expenses shall be repaid by the Lessee to the Council
and be recoverable by the Council as if they were rent
in arrears
You must pay us for any expenses incurred when renewing the insurance
policies for the block where this was caused by you breaking the the
terms of this lease or by a change in your circumstnaces which increased
the risk on the policy.
Where an insurance claim has been rejected because you breached an
insurance condition, you must compensate us for any damage caused
and reimburse all our costs and expenses. Such sums can be recovered
from you as if it were rent in arrears.
THE EIGHTH SCHEDULE above referred to
43
Regulations to be observed by the Lessee
1.
The Lessee shall not
(a)
Affix or paint on any part of the demised
premises any plate or notice or exhibit in any window
or upon any external part of the demised premises or
of the Building or on any part of the common entrance
hall staircases landings or passages any trade
professional or business notice or advertisements
whatsoever
You must not paint or display any sort of notice or any form of advertising
outside the flat/maisonette, in your windows or in the communal areas of the
block.
(b)
Hold or permit any sale or auction on
the demised premises
You must not allow a sale or auction to take place at your flat/maisonette.
(c)
Keep a dog cat or other animal in the
demised premises to which the only means of access
is via a communal entrance. In case of extreme
hardship for example but without prejudice to the
generality of the foregoing a blind person with a guide
dog the consent of the Council should be sought and
will not be unreasonably withheld
You must not keep a dog, cat or other animal in your flat/maisonette or
garden if the only entrance to your flat/maisonette is shared with other
occupiers in the block.
In cases of extreme hardship (for example if you need a guide dog) we
may be willing to agree to you keeping an animal but you will need to seek
our permission. We will not unreasonably withhold our consent.
(d)
Allow or permit window boxes or plants
to be placed on any window sills or balconies without
the prior written approval of the Council
You must not place window boxes or plants on any window sill or balcony
unless you have first obtained written permission from us to do so.
(e)
Throw refuse or permit to be thrown
from the windows or doors of the demised premises or
44
expose washing clothes mats or rugs or hang beat or
shake washing clothes mats rugs on or from the
windows landings balconies stairs or roof of the
demised premises
You must not throw rubbish from the windows or doors of your
flat/maisonette. Nor must you place or shake washing, clothes, mats or
rugs on or from any windows, landings, balconies, stairs or roof.
(f)
Erect or permit to be erected any
external wireless or television aerial telephone or other
apparatus or make any attachment to the demised
premises in connection therewith without the prior
written approval of the Council or interfere with or
cause or permit interference with the television aerial
system (if any) at the demised premises
You must not attach an external aerial, telephone or other apparatus to
your flat/maisonetter without first obtaining written permission from us. Nor
must you interefere with any television aerial system that may already be
installed at the property.
(g)
Play or permit the use of any piano
gramophone or radio or television apparatus tape
recorder or other musical or mechanical instrument or
device of any kind or sing or permit any singing in the
demised premises in such manner so as at any time of
day or night to cause annoyance to the occupiers of
neighbouring flats or so as to be audible outside the
demised premises between the hours of Eleven post
meridian and Nine ante meridian
You must not play or allow others to play any musical instrument, musical
device, television or sing in your flat/maisonette in such a manner that it
would cause annoyance to occupiers of neighbouring flats at any time of
day or night. In particular, you must never allow music/tv or singing to be
played so as to be audible outside you flat/maisonette between 11pm and
9am.
(h)
Park or permit to be parked upon any
drive accessway or forecourt of the Building or within
the Estate any vehicle except a private motor vehicle in
a parking space designated by the Council
You may park a private motor vehicle in any designated parking space
outside your block or on the Estate. You may not park a motor vehicle on
any drive, accessway or forecourt outside your block or on any other part
of the Estate if it has not been designated by the Council as a parking
space.
45
(i)
Use the garden (if any) included in this demise
for any purpose other than as garden ground only by
the Lessee and his family and shall not place or permit
to be placed or parked upon the same any cars
caravans boats trailers or vehicles of any description
If this lease includes a garden, you must not use it for any purpose other
than a garden. It may only be used by you and your family. You must not
park or allow others to park, a car, caravan, boat, trailer or other vehicle on
the garden.
(j)
Without the written consent of the
Council cut down or remove any trees or shrubs at any
time growing on the demised premises or any part
thereof except such as may die or become diseased
and to replace all such as may be cut down or
removed or shall die
You must not cut down or remove any trees or shrubs growing on your
property unless you have written permission from us to do so. Where trees
or shrubs have died or become diseased, you may remove these without
our permission but you must replace them.
(k)
Use any refuse chutes situate within the
Building for the disposal of any bulky items which may
be likely to cause a blockage in the said chutes
You must not dispose of bulky items using the refuse chutes (if
any)within your block if it is likely to cause a blockage.
(l)
Use any refuse chutes for the disposal
of wet refuse without first placing the same in plastic or
similar waterproof bags or wrappings and satisfactorily
securing the same so as to avoid spillage in the said
chutes
If you are using refuse chutes to dispose of wet refuse, you must first
place it into a waterproof bag/wrapper and make sure the bag/wrapper
is secure so as to avoid spillage.
(m)
Use any refuse chutes for the disposal
of soiled medical dressings
You must not use refuse chutes to dispose of soiled medical dressings.
46
2.
The Lessee shall
(a)
Provide (if required) and maintain a
dustbin for use in connection with the demised
premises
You must provide and maintain a dustbin for use at your flat/maisonette.
(b)
Have the chimneys (if any) of the
demised premises swept at least twice a year and at
such times as the Council may require
If your flat/maisonette has a chimney, you must arrange for this to be
swept at least twice a year.
(c)
Comply in all respects with the
provisions of the Clean Air Act 1956 so far as it affects
the demised premises
If your flat/maisonette is in a smokeless zone, you must use smokeless
fuel.
(d)
Cultivate the garden (if any) the use of
which is exclusive to the demised premises and to
maintain the same in a neat and tidy condition and to
keep all lawns grass verges and privet or other hedges
cut and trimmed to the reasonable satisfaction of the
Council and to keep the garden approaches and open
areas free from weeds and rubbish
If your flat/maisonette has its own garden or other open area you must
keep it neat, tidy, trimmed and free from weeds and rubbish.
(e)
Be responsible for all damage caused
by him or his family or visitors to the demised premises
and for any breach of any of these conditions by his
family or visitors
You will be responisble for any damage or breach of lease that may be
caused by you, your family and/or your visitors.
(f)
Keep all passages and staircases in the
Building clear of obstruction of any kind
You must keep all passages and stairways in the block clear of
obstruction.
47
(g)
In making use of a lift or hoist where
such is provided observe the regulations made by the
Council from time to time governing its use
If you block has a lift or hoist, you must comply with any regulations
issued by us in connection with its use.
3.
Any disputes between the Lessee and the lessee
lessees or occupiers of the other flat or flats for the
time being forming part of the Reserved Property in
respect of the use of the demised premises shall be
settled by reference to the Council
We will decide any disagreements that may arise between you and
other leaseholders/tenants in the block.
4.
Written application shall be made to the Council
for any permission required for any purpose under the
foregoing conditions
If you wish to seek our permission for something connected with this
lease, then you must request this from us in writing.
THE NINTH SCHEDULE above referred to
Council's covenants to be observed by
the Council at the Lessee's expense
We must perform the acts listed below but you will have to pay a
contribution towards the costs of us doing these. The contribution you
must pay is stated on page 52 of this agreement.
1.
To keep in good and substantial repair and
condition (and whenever necessary rebuild and
reinstate and renew and replace all worn or damaged
parts) of:(i)
The main structure of the Building
including all foundations forming part of the Building all
exterior and all party walls and structures and all walls
dividing the flats comprised in the Building from the
common halls staircases landings steps and passages
and the walls bounding the same and all electrical and
other fittings and windows (but excluding the internal
plaster the windows and electrical and other fittings
inside any individual flat for which the lessee thereof is
48
responsible under any provisions in his lease
corresponding to paragraph 4 of the Seventh Schedule
hereto) and all doors therein save such doors as give
access to individual flats and including all roofs and
chimneys and every part of the Building above the
level of the top floor ceilings
We must keep the outside and the structure of the block in good repair. We
will also repair the roof, chimneys, walls between the flats/maisonettes and
any walls which separate the flat/maisonette from the communal areas.
We will also repair any electrical and other fittings, windows and doors which
are not inside any individual flat/maisonette as well as the entrance door(s)
to your flat/maisonette. We will replace such items where necessary.
You are responsible for repairing internal plaster and any doors, windows,
electrical and other fittings that are inside your flat/maisonette.
(ii)
All cisterns tanks boilers sewers drains
gutters pipes wires cables ducts and conduits and any
other thing installed in the Building for the purpose of
supplying water hot water gas electricity and other
usual services and for the purpose of draining away
water and soil and for allowing the escape of steam
and deleterious matter save only such cisterns tanks
sewers drains gutters pipes wires cables ducts and
conduits and other things as are solely installed or
solely used for the purpose of any particular flat and for
which the lessee thereof is responsible under any
provisions in his Lease corresponding to paragraph 4
of the said Seventh Schedule
We will keep in repair any cisterns, tanks, boilers, sewers, drains, gutters,
pipes, wires, cables, ducts, conduits and other things installed which
supply services to the whole block or which serve more than one
flat/maisonette in the block. You are responsible for repairing such items
where it serves your flat/maisonette only.
(iii)
Any wireless and television masts and
aerials cables and wires erected on the Building or in
or over the roof or roofs of the Building and available
for use with the flats or some of them and including the
demised premises comprised in the Building
We will keep in repair any radio/tv masts, aerials, cables and wires that
may be fixed to, in or over the roof of the block are that available for use
by the flats/maisonettes in the block.
49
(iv)
All such parts of the Reserved Property
not hereinbefore mentioned and all fixtures and fittings
therein and additions thereto
We will also maintain any other parts of the block/Estate that have not
already been mentioned above and which have not been sold or leased
to someone else.
PROVIDED that nothing herein contained shall
prejudice the right of the Council to recover from
the Lessee or any other person the amount or
value of any loss or damage suffered by or
caused to the Council or the Building by the
negligence or other wrongful act of the Lessee or
any such other person
We are entitled to recover compensation from you for any loss or
damage suffered by us or to the building as a result of your negligence or
wrongful act.
2.
To insure and keep insured the Building
(including the demised premises) against loss or
damage by fire and such other risks as are normally
contained in a household comprehensive policy for the
full rebuilding cost thereof including architects and
surveyors fees and to any extent in excess of such
amount and against such other risks as the Council
may from time to time deem necessary or prudent
such policy or policies to be effected and maintained
with an Insurance Office of repute and in such agency
as the Council shall choose and to pay the premiums
on any such insurance upon the due date and in the
event of damage by fire or other cause to lay out
forthwith all moneys received from any such insurance
in rebuilding and reinstating the Building and making
good such damage PROVIDED ALWAYS that if at the
expiration of three years from the date of such
destruction or damage the Council shall have been
unable through circumstances beyond its control to
rebuild and reinstate as aforesaid the insurance
moneys and all interest earned thereon shall be shared
among the persons having any interest therein in such
proportions as shall be just and equitable having
regard to the nature of such interests and at the
expiration of such said period of three years the Term
shall cease and determine
We will insure the block (including your flat/maisonette)against fire damage and
other risks that are normally covered by a comprehensive household insurance
policy. In the event of damage to the block, we will use any monies paid out
under the policy to make good the damage.
However, if for reasons beyond or control, we have been unable to
repair/reinstate the block within 3 years of the damage being caused, any
related insurance monies shall be shared among persons having an interest
therein.
50
3.
To keep adequately lighted all such parts of the
Reserved Property as are normally lighted or should
be lighted and keep clean and tidy the said common
halls staircases landings steps passages doors
windows areas forecourts and courtyards
We will light those parts of the communal areas in the block and on the Estate
that should normally be lighted. We will also keep the communal areas (eg.
shared halls, staircases, landings, steps, passages, doors, windows, areas,
forecourts and courtards) clean and tidy.
4.
Upon the Council's repainting cycle for the
Building to repaint and decorate in a workmanlike
manner the exterior of the Building and all such parts
of the said common halls staircases landings steps
passages doors and windows of the Reserved
Property as are usually so treated
We will repaint and decorate the outside of the block and appropropriate
parts of the communal areas in the block as part of our paint cycle.
5.
To manage the Building for the purpose of
keeping the same in a condition similar to its present
state and condition
We will manage the block with a view to keeping it in similar state and
condition to what it was at the start of this of this lease.
6.
To carry out all such other works (including
improvements) to or in respect of the Building or on the
Estate as are in the opinion of the Council necessary
for its proper maintenance and management
We will carry out whatever other works and improvemetns to the block and
Estate we consider appropriate.
51
THE TENTH SCHEDULE above referred to
1. The Lessee
You
Name
Address
2. The Term
The Term shall be the term of One hundred and twenty
five (125) years from [and including] the
day of
Two thousand and
The duration of this lease is 125 years and starts on the date stated above.
3. The Due Proportion
The Due proportion shall be
%) per annum
per centum (
The above figure represents your share of the costs of the works and
services supplied to the block/Estate by us under the terms of this lease.
THE ELEVENTH SCHEDULE hereinbefore referred
to
In addition to the rights mentioned in the Fifth Schedule of this agreement,
we also reserve the rights listed below (if any).
52
EXECUTED as a DEED by THE COUNCIL
}
}
OF THE CITY OF NEWCASTLE UPON TYNE }
}
having affixed hereto its Common
}
}
Seal in the presence of:}
53
SIGNED as a DEED by the said
in the presence of:-
SIGNED as a DEED by the said
in the presence of:-
}
}
}
}
}
}
}
}
}
}
This agreement has been sealed by us and signed by you in the presence of a witness
to confirm that we both agree to abide by the terms and conditions contained in it.
DATED
2007
THE COUNCIL OF THE CITY
OF NEWCASTLE UPON TYNE
-to-
LEASE
relating to
in the City of Newcastle upon Tyne
TERM: 125 years
GROUND RENT: £10.00 per annum
Head of Legal Services
Civic Centre
NEWCASTLE UPON TYNE
CONV/
C:\DOCUMENTS AND SETTINGS\NICSAL\MY DOCUMENTS\LEASEHOLD\PLAIN ENGLISH RTB LEASE 12 MARCH
08.DOC
Leasehold Service
This information is about our Leasehold service. If you need this in your language or a different
language phone 0191 278 8633. This information is also available in large print, Braille and audio
tape. We can also arrange for you to see a British Sign Language interpreter.
Bengali
Chinese
Farsi
French
Kurdish
0191 278 8633
Portuguese
Russian
Spanish
É sta es información sobre cómo gestionamos las viviendas que ha arrendado el Ayuntamiento de
Newcastle. S i necesita esta información en español o en otro idioma, llame al0191 278 8633.