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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
- 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)
- 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
- To keep the flat, all its parts and services in good condition
(Clause 3.1)
- To redecorate internally at least every 7 years. (Clause
3.2)
- Not to do anything that might be a nuisance/annoyance to
any neighbour. (The Schedule Pt III 2)
- Not to do anything that might cause the insurance to be
void. (The Schedule Part III 3)
- 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)
- No notice may be placed so that it can be seen outside.
(Schedule Part III 6)
- No clothes may be hung outside. (Schedule Part III 7)
- 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)
- No aerial or dish may be fixed to the block. (Schedule
Part III 9)
- Not to leave refuse anywhere other than the bins provided.
(Schedule Part III 11)
- To clean the windows of your premises once a month. (Schedule
Part III 14)
- 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
- 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)
- 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:
- Maintain the structure, walls and boundaries. (1.1)
- Maintain the common services and facilities. (1.2)
- Maintain the common passages landings and staircases. (1.3)
- Maintain the dustbin areas paths and parking spaces. (1..4)
- Pay all metered water consumption, including domestic usage.
(2.1)
- Pay for the cost of electricity to the Common Parts. (2.3)
- The Company may at its option maintain arrangements for
refuse containers.
- Keep the internal common parts clean and lighted.
- Maintain the gardens.(3)
- Maintain the television aerial (4)
- The Company can at its own discretion provide any service.
(5)
- Decorate the external parts of the Property. (6).
- Maintain insurance on the Building. (7)
- 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
- 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))
- To use the gardens but not to play games. (Sch Part 1 (2))
- To deposit rubbish in the bins provided. (Sch Part 1 (8))
- To connect to the central TV aerial. (Sch Part 1 (9))
- To park a roadworthy private motor vehicle in a designated
parking space. (Sch Part 1 (12) & Clause (15) Part III)
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