Estate Management & Chartered Surveyors

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Your Lease

 

Your Lease

The following are very brief summaries and refer only to clauses that may be relevant to day-to-day occupation. This is not intended to be a legal interpretation but purely a guide towards the actual text (Clause numbers are given in brackets). We suggest that you obtain a copy of the Lease and refer to it for full details or obtain further advice from your solicitor.

You (the Lessee) have entered into a Lease or as an assignee of the Lease have entered into a Deed of Covenant to abide by the terms of the Lease, in which you, the Management Company and the Landlord (the Lessor) are all parties who are legally bound by that contract and the covenants therein.

Lessees Obligations to the Landlord

  1. You must pay your ground rent on 24th June and 25th December every year. (Note: The Landlord is not obliged to remind you.) (Clauses 1 & 2.1)
  2. You must not make any alterations whatsoever without the Landlords consent. (2.3 & 2.4)

Lessees Obligations to the Landlord the Company and other Lessees

  1. To keep the flat, all its parts and services in good condition (Clause 3.1)
  2. To redecorate internally at least every 7 years. (Clause 3.2)
  3. Not to do anything that might be a nuisance/annoyance to any neighbour. (The Schedule Pt III 2)
  4. Not to do anything that might cause the insurance to be void. (The Schedule Part III 3)
  5. Music must not be played between 12 midnight and 8am, nor any other noise which might cause a nuisance or annoyance to any adjoining property (The Schedule Part III 5)
  6. No notice may be placed so that it can be seen outside. (Schedule Part III 6)
  7. No clothes may be hung outside. (Schedule Part III 7)
  8. No pet may be kept that may cause a nuisance damage or annoyance. If there is an objection the Company are required to remove the pet within one month of giving written notice to the tenant. (Schedule Part III 8)
  9. No aerial or dish may be fixed to the block. (Schedule Part III 9)
  10. Not to leave refuse anywhere other than the bins provided. (Schedule Part III 11)
  11. To clean the windows of your premises once a month. (Schedule Part III 14)
  12. Parking (of a domestic private motor vehicle of roadworthy condition and in regular use) is only allowed in the designated parking areas. (Schedule Part III 15
  13. You must pay your service charges and if not paid within 21 days of the due date, (1st February each year) interest becomes payable at 5% above base rate calculated day to day. (Clause 3.5.1)
  14. To comply with the Company regulations (Clause 3.6)

When you sell the flat you must make sure that the new tenant enters into all the requirements to become a new member. Tell your Purchaser to make sure their Solicitor refers to Clause 3.7 and the Company Regulations

The Management Scheme

1. The Developers (Fairview) created a Management Company named Exeter Road Management Company Limited.

2. Upon entering into the Covenants and all other requirements of the Management Company the first named tenant becomes a member of the Company

3. Provided that the Lessee pays his service charges the Management Company will under Part IV of the Schedule:

  1. Maintain the structure, walls and boundaries. (1.1)
  2. Maintain the common services and facilities. (1.2)
  3. Maintain the common passages landings and staircases. (1.3)
  4. Maintain the dustbin areas paths and parking spaces. (1..4)
  5. Pay all metered water consumption, including domestic usage. (2.1)
  6. Pay for the cost of electricity to the Common Parts. (2.3)
  7. The Company may at its option maintain arrangements for refuse containers.
  8. Keep the internal common parts clean and lighted.
  9. Maintain the gardens.(3)
  10. Maintain the television aerial (4)
  11. The Company can at its own discretion provide any service. (5)
  12. Decorate the external parts of the Property. (6).
  13. Maintain insurance on the Building. (7)
  14. The Company shall take action in its own name or on behalf of the Lessor against any Lessee who defaults on making payments. (15)


Lessees Rights

  1. Access and to pass through the common halls and stairways and to pass over the paths, steps and driveways (Subject to Service Charges being paid). (Sch Part 1 (1))
  2. To use the gardens but not to play games. (Sch Part 1 (2))
  3. To deposit rubbish in the bins provided. (Sch Part 1 (8))
  4. To connect to the central TV aerial. (Sch Part 1 (9))
  5. To park a roadworthy private motor vehicle in a designated parking space. (Sch Part 1 (12) & Clause (15) Part III)


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