The following is a brief summary for our purposes as a quick reference on issues arising and refers only to clauses that may be relevant to day-to-day estate management. This is not intended to be a legal interpretation but purely published as a guide towards the actual text (Clause numbers are given in brackets). We suggest that anyone interested obtain a copy of the Lease and refer to it for full details or obtain further advice from a solicitor.

In this summary the words Lessee and Tenant have the same meaning.
The words ‘Premises’ and ‘Demised Premises’ refer to the individual flat parts as set out in the Lease.
The words Freeholder and Superior Landlord have the same meaning
The Intermediate Landlord is Nash Court Limited
All items and references are ‘inter alia’ meaning amongst other things.
The ‘Landlords reserved parts’, the ‘common parts’ and the freeholders ‘reserved parts’ are essentially the same thing.

Upon entering into the new Lease or upon taking an assignment from the previous owner the Lessee has entered into a Deed of Covenant to abide by the terms of the Lease, in which the Lessee, the Landlord and the Superior Landlord are legally bound by that contract and the covenants therein.

The Lease Agreement & Demise

Lease term was 125 Years from June 1997 (1.7)
Rent is £200 per annum (1.8) payable yearly and half yearly on 24 June & 25 December, in advance (5.1a) & (6.1); subject to review every 25 years
The Interest Rate chargeable on debts and costs is to be 4% above base rate (1.9)
Interior Decorating by Lessees is to be undertaken in 2002 and every 5 years thereafter (1.10)
Insurance rent (the payment of a proportion of the annual premium) is payable on demand (5.1b) & (6.3)
Clause (5.2) says that the Lessee shall pay the service charge in a manner as set out in Clause 6.2:

	1.      To pay within 10 days of demand the provisional Service Charge Share on account (6.2.2)
	2.      To pay the difference between actual expenditure and the provisional amount paid within 10 days of demand (6.2.3)
	3.      Any overpayment is to be credited against the following years accounts (6.2.4)

Comment: There are two Landlords, firstly Nash Court Ltd (the Intermediate Landlord) to whom all charges are paid and the Freeholder (the Superior Landlord). The first Landlord at present has no interest in the property but carries out the Estate management through its Managing Agents, who also collect the rent and insurance charges and reimburse the Superior Landlord. The Superior Landlord nominates the insurance company and is entitled to the annual ground rent as one sum.

 Any matter that requires consent has to have permission from both Landlords (3.12)

 Tenant’s Covenants in Clause 6

The Tenant cleans the windows of the demised property unless the Landlord elects to do so (6.6.d)
No unlicensed or unroadworthy vehicles, nor caravan or movable dwelling, is allowed to left in the parking space (6.7.b)
The Tenant must not make any alteration or damage to the demised premises (6.8)
Tenants are not allowed to place aerials or dishes on the outside of the premises (6.10.a)
Tenants are not allowed to place signs or advertisements on the windows (6.10.b)
Clause (6.12) provides that

	a.       The Landlord can gain entry to the demised premises after giving reasonable notice
	b.      If the Landlord gives notice that repairs have to be carried out it must be done immediately
	c.       If the repairs are not done within 1 month then the Landlord can do so and charge the cost.

Clause (6.13) states that:

Part letting is prohibited (a).

There is to be no underletting of the whole of the demised premises except with Landlords consent; and then only for an Assured Shorthold Tenancy of no more than 3 years(a).

For any assignment of a Lease, mortgage or charge there must be registeration with the Landlord & Superior Landlord (at the Lessees cost) within 28 days.

Clause (6.14) is to prevent tenants, visitors and occupiers from causing a nuisance to anyone else.

Clause (6.15) is an obligation on the tenant to pay Landlords costs if action is needed, particularly for a breach of the Lease such as failure to pay rent.

Clause (6.19 a & b), says that there is no entitlement to delay or withhold payment of Rents or other sums and that interest becomes payable on arrears from the date that they were due to the date they are paid.

 Landlords Obligations

The Landlord is only required to perform its obligations so long as the Lessee pays its rents and costs (8.7).

The Landlord is to provide to the Lessee a copy of the accounts (as defined) as soon as reasonably possible after the end of each financial year (8.8)

Once a year upon demand and at the expense of the Lessee, the Landlord may provide a copy of the insurance policy and receipt (8.13.a)

Clause (9.1 a & b) has the re-entry provisions if the Lessee is in default or breach.

 Schedule One – The Tenants Demise

The demise includes the following:

The paint and decorative finishes of the interior (1)
The floor finishes and coverings (2)
The ceiling finishes and décor (3)
Non-load bearing walls wholly within the demised premises (4)
The inner half of non-load bearing walls where they divide the demised premises from other parts of the building (5)
Internal doors and frames but not the external door (6)
Pipes that wholly serve the Demised premises (9)
Any exclusive balcony and front door to the flat (10)
Any patio doors, windows and glass (11)
Any Garage door (12)

Schedule Two – The Tenants rights within the Landlords Parts

To use the common parts for the purpose they are provided (1)
To allow visitors to park within available spaces in the Car Park (4)
To connect to any communal aerial and door entry system (5)
To place one dustbin in the designated area (6)

 Schedule Three – The Landlords reserved rights

The reasonable right of access to the premises for various purposes and if necessary to break and enter in the case of emergency (3)
To erect scaffolding to carry out works (4)
If applicable to enter to enter the balcony for cleaning purposes(8)

 Schedule Four - The Lessees Residential Covenants

Not to leave the Premises unoccupied for one month or more (1.2) without:

            Notifying the Landlord (a)
            Providing caretaking/security arrangements (b)

No sound or music from ‘equipment’ or ‘apparatus’ to be audible outside the Demised Premises (1.3)
To clean the premises including windows and window frames (2)
Nothing must be placed in the Common Parts (5.2)
No animal may be kept that might cause annoyance (7)
Carpets must be fitted; or similar sound deadening material (9)
Not to damage the common parts (10)
Observe any estate management regulations (12)
Not to change the front door of the Demised Premises (13)
Not to change the Garage door (14)

 Schedule Five – The Services (subject to payment of charges)

Part One

To maintain the structure (1)
To maintain any pipes that are not the Tenants responsibility (2)
To clean the common parts (3)
To maintain any gardens (4)
May clean the windows (6)
To provide a communal aerial and entry system (7)

Part Two of the Schedule provides for the Landlord to employ services, contractors and professionals for the management of the building and to recover various costs and outgoings.