Sample Lease

DATED                                                                    2015







(1) FESTALFINE LIMITED

to

(2) [                                                  ]










                            

Lease

of Flat [                ] Lichfield Court  
Sheen Road  Richmond  Surrey








© 2014
JOHN MAY LAW
17 Kensington Place
London W8 7PT

T: 020 7792 2900
F: 020 7792 2941

\\ATLANTIC\JML _DATAbase\JML CLIENTS\257\8\LEASE-MASTER-200515.docx


Land Registry Prescribed Information                                      Land Registration Rule 58A

LR1. Date of Lease


LR2. Title number(s)
LR2.1 Landlords Title No(s)

P141751

LR2.2 Other Title No(s)

[                                         ]

LR3. Parties to this Lease
Landlord

Festalfine Limited of The Estate Office, 34 Lichfield Court, Sheen Road,
Richmond, Surrey TW9 1AU 

Tenant

[                                                                                                         ]


LR4. Property 

In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail.

Flat [     ] Lichfield Court, Sheen Road, Richmond, Surrey TW9 1AU

LR5. Prescribed statements etc.
Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003.

None

LR6. Term for which the Property is leased
The Term is as follows: 
120 years from 1st January 2015                                                                                ]

LR7. Premium 
Nil 

LR8. Prohibitions or restrictions on disposing of this Lease 

This lease contains a provision that prohibits or restricts dispositions

LR9. Rights of acquisitions etc. 











LR9.1   Tenant’s contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land.

None

LR9.2   Tenant’s covenant to (or offer to) surrender this lease

None

LR9.3   Landlord’s contractual rights to acquire this lease

None


LR10. Restrictive covenants given in this Lease by the Landlord in respect of land other than the Property

None
LR11. Easements 
LR11.1  Easements granted by this Lease for the benefit of the Property

Second Schedule 

LR11.2  Easements granted or reserved by this lease for the benefit of other Property

Third Schedule 

LR12. Estate rentcharge burdening the Property

None
LR13. Application for standard form of restriction


Can be omitted 
The parties to this lease apply to enter the following standard form of restriction against the title of the Property 
LR14. Declaration of trust where there is more than one person comprising the Tenant

Can be omitted
Tenants holding property on trust as joint tenants 
or 
Tenants holding property on trust as tenants in common in equal shares 
or 
Tenants holding property on trust…


THIS LEASE is made the                      day of                                          2014
BETWEEN:
(1)          FESTALFINE LIMITED whose registered office is at The Estate Office  34 Lichfield Court  Sheen Road  Richmond  Surrey TW9 1AU ("the Lessor") and
(2)          THE LESSEE named in paragraph 1 of the Sixth Schedule hereto (“the Lessee”)
WHEREAS:
1)         In this Deed unless the context otherwise requires:
a.   The expressions “the Lessor” and “the Lessee” shall respectively include their respective mortgagees successors in title heirs and assigns
b.   The masculine shall include the feminine and the singular shall include the plural and where more than one person is included in the expression “the Lessee” the covenants expressed to be made by the Lessee shall be deemed to be made by such persons jointly and severally 
c.   “the Estate” means the blocks of flats shops communal gardens and outbuildings known as Lichfield Court, Sheen Road, Richmond in the London Borough of Richmond upon Thames 
d.   “the Buildings” means the blocks of flats erected on the Estate 
e.   “the Flats” means the flats forming part of the Buildings and flat has a corresponding meaning
f.    “the Property ” means the Flat referred to in the First Schedule hereto
2)         The Lessor  is registered at H M Land Registry with title absolute under P141751 as proprietor of the Estate 
3)         The Lessor has previously granted Leases of or intends hereafter to grant Leases for terms expiring in the year Two Thousand One Hundred and Thirty Five of Flats in the Buildings including the Property and the Lessor has imposed or intends to impose in such Leases the restrictions that are in the Fourth Schedule hereto and covenants stipulations similar to those contained in Clause 2 hereof
4)         The Lessee is registered at H M  Land Registry with title absolute under the title number shown in paragraph 3 of the Sixth Schedule hereto of a lease of the Property for the unexpired residue of a term of 120 years from 24th June 1978 (“the Existing Lease”) 
5)         The Lessee is with others the owner of an equal shareholding in the Landlord and the Landlord holds that freehold on trust for its shareholders
6)         The Lessee is beneficially entitled to the grant of this Lease without further payment being required
7)         The Lessor and the Lessee have agreed to the grant of this Lease on the terms and conditions hereinafter appearing and the Lessee has agreed to be a shareholder in the Lessor for so long as this Lease is vested in the Lessee
NOW THIS DEED WITNESSETH as follows:
1.     In pursuance of the said agreement and in consideration of the rents and covenants hereinafter reserved and contained and on the part of the Lessee to be paid observed and performed the Lessor HEREBY DEMISES unto the Lessee ALL THAT the flat referred to in paragraph 2 of the Sixth Schedule hereto and more particularly described in the First Schedule hereto the position and extent of which is shown on the plan annexed hereto and thereon edged red (hereinafter called “the Property”) and TOGETHER WITH the easements rights and privileges mentioned in the Second Schedule hereto subject as therein mentioned EXCEPT AND RESERVING as mentioned in the Third Schedule hereto TO HOLD the Property unto the Lessee subject to and with the benefit of the Existing Lease from the First day of January Two thousand and Fifteen for a term of ONE HUNDRED AND TWENTY YEARS YIELDING AND PAYING therefor during the said term the annual rent of One Pound (£1.00) (hereinafter called “the rent”) payable by one payment in advance on the First day of January in every year free from all deductions whatsoever together by way of rent with the sums to be paid by the Lessee under the terms of this Lease 
2.     The Lessee HEREBY COVENANTS with the Lessor as follows:
2.1.           That the Lessee and the persons deriving title under the Lessee will at all times hereafter observe the restrictions in the Fourth Schedule hereto
2.2.           To pay the rent and maintenance charge and all other monies which the Lessee is to pay in accordance with this Lease during the term hereby granted at the times and in the manner set out in this Lease without any deduction
2.3.           If any rent or maintenance charge or any other monies payable by the Lessee or any part thereof shall not be paid on the days appointed for payment thereof (whether formally demanded or not and including during any period that the Lessor refuses to demand or accept payment following breach of any of the covenants on the part of the Lessee contained in this Lease) to pay to the Lessor such costs (including the Lessor’s administration and legal costs and VAT thereon incurred as a result of such non-payment) together with interest upon such sum as shall remain unpaid at the rate which is higher of:-
         eight per cent per annum or 
four per cent per annum above the base rate of the Lessor's bankers (being at the date hereof Barclays Bank plc) on the date that the payment is due 
for the period commencing on the date the outstanding sum became due to be paid and ending on the date of actual payment thereof but without prejudice to the operation of the proviso for re-entry herein contained or any other right of action of the Lessor in respect of non-payment 
2.4.           To pay all rates taxes assessments charges impositions and outgoings which may at any time during the term hereby granted by assessed charged or imposed upon the Property or the owner or occupier in respect thereof and in the event of any rates taxes assessments charges impositions and outgoings being assessed charged or imposed in respect of premises of which the Property forms part to pay the proper proportions of such taxes assessments charges impositions and outgoings attributable to the Property
2.5.1          To maintain uphold and keep the Property (other than the parts referred to in the Fifth Schedule hereto) and all walls (except load bearing walls) drains pipes cables wires and all window panes window furniture and appurtenances thereto belonging and serving exclusively the Property in good and substantial repair and condition excepting damage caused by insured risks under the Policy hereinafter referred to unless it shall have been vitiated by any act or default of the Lessee
2.5.2          To maintain and renew as often as is appropriate the boilers and heating equipment at the Property and the wiring and electrical installations at the Property in good and substantial repair and condition and to leave with the Lessor copies of the contracts for such maintenance and of any certificates and notices relating to such installations  
2.5.3          Not to cause or permit damage to any part of the Estate particularly the walls and floors of any balcony to which the Flat has access whether by placing objects on the floor of such balcony or otherwise and to indemnify the Lessor in respect of any loss or expense caused as a result of any such damage
2.6.           In every seventh year of the said term and during the last year thereof to paint and decorate the interior of the Property
2.7.           To permit the Lessor and its Surveyor or Agents with or without workmen and others at all reasonable times on giving Forty-eight hours written notice (except in the case of emergency) to enter into and upon the Property or any part thereof to view and examine the state and the condition thereof and to make good defects decays and wants of repair of which notice in writing shall be given by the Lessor to the Lessee and for which the Lessee may be liable hereunder within two months after the giving of such notice 
2.8.1          Not to make any structural alterations or structural additions to the Property nor to erect any new buildings thereon 
2.8.2          Not to make any non-structural alterations or additions to the Property without the previous consent in writing of the Lessor which will not be unreasonably withheld in the case of any such alterations or additions which do not reduce or add to the type or number of rooms within the Property and do not damage or alter the architectural decoration of the Property or the Buildings PROVIDED THAT the Lessee shall pay all costs properly incurred by the Lessor in considering any application for such consent including the fees of any architect surveyor solicitor or other consultant who the Lessor shall instruct to assist in doing so and also the Lessor’s reasonable administration fee together with any tax in relation to any such fee
2.9.          Not to remove any of the Landlord’s fixtures and fittings without the previous consent in writing of the Lessor such consent not to be unreasonably withheld 
2.10.       To pay all costs charges and expenses (including Solicitors’ costs and Surveyors’ fees) incurred by the Lessor for the purpose of or preliminary or incidental to the preparation and service of a notice under Section 146 and/or 147 of the Law of Property Act 1925 notwithstanding forfeiture may be avoided otherwise than by relief granted by the Court 
2.11.       Forthwith after service upon the Lessee of any notice affecting the Property served by any person body or authority (other than the Lessor) to deliver a true copy thereof to the Lessor and if so required by the Lessor to join with the Lessor in making such representations to any such person body or authority concerning any proposals affecting the Property as the Lessor may consider desirable and to join with the Lessor in any such appeal against any order or direction affecting the Property as the Lessor may consider desirable
2.12.1      Not to transfer or assign part only of the Property 
2.12.2      Not without the written consent of the Lessor to assign the Property to a Company or other Corporate Body and the Lessor shall have an absolute discretion as to whether such consent should be given or not 
2.12.3      Save only in the following circumstances not to assign the Property to any person already holding a Lease of any Flat at the Estate:
2.12.3.1         Where his assignee can show to the Directors of the Lessor that the said assignee is using his best endeavours to sell his own flat
2.12.3.2         Where the Lessee intends to exchange the Property for a Flat on the Estate owned by another Lessee of the Lessor 
2.13.        To ensure that any assignee or transferee shall irrevocably apply to the Lessor to become a shareholder  of the Lessor and that with such application any assignee or transferee shall deliver an executed Deed of Covenant prepared by the Lessor at the cost of the Lessee containing a direct covenant with the Lessor that the assignee or transferee and their successors in title will at all times from the date of the Assignment or Transfer pay all rent becoming due and all sums payable under the terms of this Lease and perform all the covenants restrictions and stipulations herein contained and on the part of the Lessee to be observed and performed to the same extent as if the assignee or transferee were the original Lessee party hereto 
2.14.        On any occasion that this Lease is assigned while the Existing Lease remains in effect not to assign or transfer this Lease other than to a person who simultaneously takes an assignment of the Existing Lease and surrenders the Existing Lease into this Lease
2.15.        That a true copy of every assignment of the Property and every Grant of Probate or Administration Mortgage or Charge or Transfer or Assent or Order of the High Court of Justice or other document affecting the Property and also every Grant of Probate or Letters of Administration relating to the Lessee shall within twenty-one days after the execution or date thereof respectively be delivered for registration at the Registered Office of The Lessor together with written notice thereof and that The Lessee will pay for every such registration a reasonable fee of not less than Twenty-five pounds and also any Value Added Tax payable and such fee is to be doubled if such documents are not delivered within the period of twenty one days and at the same time to lodge with the Lessor the Certificate relating to the share in the Lessor together with a transfer of such share duly stamped into the name of the person to whom the title of this Lease shall have devolved (with evidence of the payment of any tax or duty payable in respect of such Transfer) and in default of the Lessee producing such signed share transfer the Lessor is hereby irrevocably authorised to sign and deliver such transfer as the attorney for the defaulting Lessee and to recover from the Lessee all costs and expenses thereby incurred on a full recovery basis
2.16.1      Not to underlet or part with possession of part only of the Property
2.16.2      Not to underlet or part with possession of the whole of the Property either furnished or unfurnished for all or any part of the term hereby granted to or with any person without the previous consent in writing of the Lessor such consent not to be unreasonably withheld in the case of a written tenancy agreement for a term of not less than six months and not more than three years where the terms of that tenancy have first been approved in writing by the Lessor and where such underlessee or tenant has first entered into and delivered to the Lessor a Deed prepared by the Lessor at the cost of the Lessee containing a direct covenant by such person with the Lessor to observe and perform the obligations on the part of the Lessee contained in this Lease other than those relating to the payment of rent and service charges
2.16.3      In the event of any breach of the terms of an underlease or tenancy agreement to take prompt action to remedy such breach
2.16.4      Without prejudice to the obligations of the Lessee under the preceding sub-clause, in the event of any breach of the terms of an underlease or tenancy agreement then the Lessor is hereby irrevocably authorised (but not in any way obliged) to act as the attorney for the Lessee in taking any action that the Lessee would have been entitled to take to remedy such breach and may recover from the Lessee all costs and expenses thereby incurred on a full recovery basis
2.17.        That a true copy of every Underlease or Tenancy Agreement or Assignment of Underlease shall within twenty-one days after the execution or date thereof respectively be delivered for registration at the Registered Office of The Lessor together with written notice thereof and that The Lessee will pay for every such registration a reasonable fee of not less than Twenty-five pounds and also any Value Added Tax payable and such fee is to be doubled if such documents are not delivered within the period of twenty one days
2.18.        At all reasonable times during the said term to permit the Lessor and its Lessees on giving forty-eight hours prior written notice (except in the case of emergency) with or without workmen and others to enter into and upon the Property or any part thereof for the purpose of repairing any part of the Buildings and/or other adjoining or contiguous premises and for the purpose of making repairing maintaining supporting rebuilding cleansing lighting and keeping in good order and condition all roofs foundations damp courses sewers drains pipes cables watercourses gutters wires party or other structures or other conveniences belonging to serving or used on the Buildings or any part thereof and also for the purpose of laying down maintaining repairing and testing drainage gas and water pipes and electric wires and cables and for similar purposes and also for the purpose of cutting off water or other communal service to the Property or any other part of the Buildings in respect whereof the Lessee or occupier shall have made default in paying the share of the cost attributable to the Property but the Lessor or its Lessees (as the case may be) will promptly make good at their own expense all damage occasioned thereby to the Property 
2.19.        At the expiration or sooner determination of the said term peaceably to surrender and yield up to the Lessor the Property together with all additions thereto and all Landlords fixtures and fittings (if any) in good and tenantable repair and condition
2.20.        To cover the floors of the Property (including parquet or hardwood or laminate floors if so required) with carpet or linoleum and in addition with felt or other material that will effectively deaden sound and place under all pianos and any other musical instruments televisions and other sound generating or amplifying equipment sewing machines and other domestic appliances insulators or rubber or other suitable material for the same purposes provided that if the Lessor shall grant permission for parquet or hardwood or laminate flooring to be affixed to any floor of the Property they shall not be deemed thereby impliedly to waive this covenant suitably to cover the floors and may rescind any such covenant on notice
2.21.        Repair maintain uphold and keep the Property so as to afford all necessary support shelter protection and access to all parts of the Buildings other than the Property except insofar as this shall be the responsibility of the Lessor under the Fifth Schedule hereto
2.22.        Not to do or permit to be done any act or thing which may render void or voidable the policy or policies of insurance of the Buildings or the Estate herein referred to 
2.23.        To comply with such reasonable regulations that the Lessor may from time to time make in relation to the management of the Estate and the Buildings at the Estate including but not limited to matters relating to driving and parking on the areas of the Estate provided from time to time as roads and for parking
2.24.        To indemnify the Lessor against any liability to tax that may be incurred as a result of the grant of this Lease
3.     The Lessor HEREBY COVENANTS with the Lessee as follows:
3.1.           That the Lessee paying the rents hereby reserved and performing and observing the several covenants conditions and agreements herein contained and on the Lessee’s part to be performed and observed shall and may peaceably and quietly hold and enjoy the Property during the said term without any lawful interruption or disturbance from or by the Lessor or any person rightfully claiming under or in trust for it 
3.2.           That the Lessor will require the persons to whom they shall hereafter transfer or grant a lease or leases of flats comprised in the Building to covenant to observe the restrictions set forth in the Fourth Schedule hereto and where appropriate to enter into covenants and stipulations similar to those contained in Clause 2 hereof and until the Lessor does transfer or grant such a lease or leases of any of the flats as aforesaid the Lessor will nevertheless contribute the requisite contribution for each such flat over and above those contributions to be made by the Lessee and the Lessees of the other Flats towards the costs and expenses incurred in complying with the Fifth Schedule hereto 
3.3.           Not without passing a special resolution to that effect:
3.3.1.        To sell any vacant flats on the Estate or any part of such flats to a Company or other corporate body 
3.3.2.        And save in the following circumstances to sell any vacant flats on the Estate or any part of such flats to any person already holding a lease of any flat of which the Lessor is a Lessor:
3.3.2.1.   Where such a person can show to the Directors of the Lessor that he is using his best endeavours to sell his own flat 
3.3.2.2.   Where the Lessee intends to exchange his existing flat for other premises on the Estate being sold by the Lessor 
3.4.           That (if so required by the Lessee) it will enforce the covenants similar to those contained in Clause 2 hereof entered into or to be entered into by the transferees or lessees of the other flats comprised in the Buildings on the Lessee indemnifying the Lessor against all reasonable costs and expenses in respect of such enforcement (including in the case of any litigious proceedings the costs and expenses incurred as between solicitor and client) and first providing such security in respect of costs and expenses as the Lessor may reasonably require
3.5.1          The Lessor will at all times during the said term insure and (unless the policy or policies of insurance shall be vitiated by the neglect or default of the Lessee) keep insured the structure of the Buildings and all common parts thereof (and shall on demand and at the Lessee’s expense produce such policy and insurance receipt) against comprehensive risks including loss or damage by fire and all other risks usually described as property owners’ liability and such other risks (if any) as the Lessor its Agents may think fit initially in a sum equal to the full reinstatement value of all the Estate at the time of each annual renewal plus Architect’s Surveyor’s and all other professional fees (if any) and also two years loss of rent and will in the event of the structure of the Buildings or common parts or any part thereof being damaged or destroyed by fire or otherwise as soon as reasonably practicable apply or cause to be applied the insurance monies payable in respect thereof in the repair rebuilding and reinstatement thereof 
3.5.2          As often as such structure or common parts or any part thereof shall be destroyed or damaged by fire or any other insured risk forthwith to build repair redecorate and reinstate the same in good and substantial manner and if the money to be received under any such Policy of Insurance shall be insufficient for that purpose to make good the deficiency out of the Lessor’s own monies PROVIDED ALWAYS that if there shall be any dispute as to the apportionments between the Lessee and the Lessor the decision of the Lessor’s Surveyor shall be binding on all parties hereto
3.5.3          The Lessor will not be responsible for insuring any other parts of the Estate or any contents of the Property 
3.6.           That while any of the said other flats shall not for the time being be let under a lease on the same terms as the Existing Lease or this Lease (mutatis mutandis) the Lessor shall be liable to make such payments and so far as the Lessor is able observe and perform such obligations as the lessee of such flat would be liable to make observe and perform if such flats were so let 
3.7.           To perform and observe the obligations and each of them set out in the Fifth Schedule hereto PROVIDED ALWAYS that the Lessor shall not in any circumstances be responsible for any damage caused by any defect in the Buildings or in any flat therein or in any fixture or in the gardens and paths fences roads pipes wires cellars drains sewers or services thereof in respect of any damage caused by any defect in or repair needed thereto unless and until notice in writing of any such defect or want of repair has been brought to the notice of the Lessor and the Lessor has failed to make good or remedy the same within a reasonable time after the receipt of such notice BUT PROVIDED FURTHER that the Lessor shall not be responsible for any injury accident nuisance loss or damage which may at any time be done or occasioned to the Lessee his visitors servants or others or to the Property or any item thereon by reason of (a) any neglect or default of any occupier of any other flat in the Buildings or (b) any cessation or breakdown of any service over which the Lessor has no control save only that this proviso shall not apply where any injury damage cost claim and demand is covered by an insured risk under the policy which shall not have been vitiated by the act or default of the Lessee 
4.1              The Lessor shall after the First day of October Two thousand and Fifteen and thereafter from year to year make an estimate (“the estimate”) of the costs to be incurred by the Lessor in and about the performance of the covenants and conditions hereinbefore referred to for each year such estimate to be made as soon as reasonably practicable after the First day of October in each year of the said term and in respect of the estimate the Lessor shall take into account all costs relating to the management of the Estate including the costs expenses outgoings and matters referred to in the Fifth Schedule hereto
4.2              For the purposes hereof the costs expenses and outgoings incurred by the Lessor as aforesaid during the relevant year shall be deemed to include not only the costs expenses and outgoings which have been actually disbursed incurred or made by the Lessor during the relevant year in respect of the abovementioned expenditure but also such sum or sums on account of any other costs expenses and outgoings (not being of an annually recurring nature) which the Lessor shall have incurred at any time prior to the commencement of the relevant year or shall anticipate incurring at any time after the end of the relevant year in respect of the said heads of expenditure as the Lessor may in its absolute discretion consider it reasonable to include (whether by way of amortization of costs expenses and outgoings already incurred or by way of provision for anticipated future costs expenses and outgoings) in the amount of the estimate for the relevant year
4.3              The Lessee hereby covenants with the Lessor that the Lessee shall pay to the Lessor by four equal quarterly payments in advance on the First day of January April July and October in each year the Maintenance Charge Percentage set out in paragraph 4 of the Sixth Schedule hereto of such sum the first payment to include a proportion for the period from the date hereof to the next payment day PROVIDED ALWAYS and it is hereby agreed and declared that if the Lessor (in the case of emergency) requires payment of the sum due in any year or if additional sums are required to enable the Lessor to perform its covenants hereunder whether in respect of any period before or after the estimate then the Lessee covenants to pay the Lessor such sum as the Lessor certify in the same proportion as above as necessary within Twenty-one days of notice being served on the Lessee 
4.4              Any sum of money payable by the Lessee to the Lessor under the provisions of the last preceding sub-clause hereof shall be deemed to be a debt due to the Lessor from the Lessee as from the date upon which any such sums of money shall be due as the Lessee hereby acknowledges and admits 
4.5              The Lessor shall keep an account of income received and of the expenditure incurred by the Lessor in each year ending on the Thirty-first day of December or in respect of the performance of the said covenants and conditions and the costs expenses outgoings and matters referred to in the Fifth Schedule hereto or otherwise imposed on the Lessor and such account shall be open to inspection by the Lessee after reasonable notice in writing to the Lessor and as soon as reasonably practicable the said account of expenditure shall be certified by the Lessor’s Accountants and such certificate shall be conclusive evidence of all expenditure recorded therein PROVIDED ALWAYS that the said moneys so paid by the Lessee under the preceding clause will be used to maintain the Estate including the Property and the Lessor will on the certification of such accounts and estimates account fully to the Lessee for all moneys so expended on the Estate and the Lessee can object (such objection not to be unreasonable) to such estimate and accounts whereupon the objection will be referred to arbitration under the Arbitration Act 1996 or any statutory modification or replacement thereof or substitute thereof but this proviso will apply only so far as the Lessee’s own contribution and estimate is concerned and not to the estimate and charge for the Estate as a whole 
4.6              The proportion of the maintenance charge attributable to the Property will be that set out in Paragraph 4 of the Sixth Schedule hereto  
4.7              Any moneys received by the Lessor from any other party or parties contributing to the Lessor’s expenses under the Fifth Schedule hereof shall be set off against the expenses incurred by the Lessor in the discharge of its said obligations under the Fifth Schedule hereof
4.8              The Lessor shall pay all sums received in accordance with this Clause into a Maintenance Account and shall pay thereout all moneys properly payable as aforesaid and shall hold the balance (if any) in the Maintenance Account upon trust to apply the same for the purposes aforesaid if and insofar as any moneys received by the Lessor from the Lessee during any financial year in accordance with this clause are not actually expended by the Lessor during the relevant year on any of the heads of expenditure particulars whereof are set out in the said Fifth Schedule or elsewhere in this Lease and are not otherwise dealt with so as to be an allowable expense in calculating the Lessor’s income for tax purposes for that year the Lessor shall hold those moneys upon trust to expend them in subsequent years on such heads of expenditure and subject thereto upon trust for the Lessee absolutely 
5.     If at any time hereafter before or after the expiration or sooner determination of the said term any dispute doubt or question shall arise between the parties hereto or any of them touching the construction meaning or effect of this Lease or any clause or thing herein contained or their respective rights or liabilities under this Lease or otherwise in relation to the Property then such dispute doubts or question shall be referred to the arbitration of an independent person to be appointed in default of agreement by the President for the time being of the Law Society and this Lease shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force
6.     PROVIDED ALWAYS AND IT IS HEREBY AGREED that if the rent hereby reserved or any part thereof shall be unpaid for Twenty-one days after becoming payable (whether formally demanded or not) or if any covenant on the part of the Lessee herein contained shall not be performed or observed then and in any such case it shall be lawful for the Lessor at any time thereafter to re-enter upon the Property or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy of the Lessor in respect of any antecedent breach of any of the Lessee’s covenants or the conditions herein contained 
7.     IT IS HEREBY AGREED AND DECLARED that every internal wall separating the Flat as the case may be from an adjoining flat shall be a party wall severed medially
IN WITNESS whereof the Lessor and the Lessee have executed this Lease as a Deed on the day and year first above written 
THE FIRST SCHEDULE above referred to
ALL THAT flat referred to in Paragraph 2 of the Sixth Schedule hereto at the Estate up to and including the ceiling plaster and including the floors (but excluding the ceiling plaster (if any) of the flat below) and including the plaster of the external walls and further including the internal walls dividing the rooms and parts of the flat and one half (severed vertically) of the internal walls of the flat dividing the flat from any other flat or the common parts of the Buildings (but where the Flat has access to any balcony area none of the walls and floors of such balcony are demised) as the same is shown edged red on the plan annexed 
THE SECOND SCHEDULE above referred to
Easements rights and privileges
1.1.             Full right and liberty for the Lessee and all persons authorised by the Lessee (in common with all other persons entitled to the like right) at all times by day or by night and for all purposes to go pass and repass over and along any common forecourt and any common entranceways passageways landings and staircases leading to the Property
1.2.             Full right and liberty for the Lessee and all persons authorised by him (in common with all other persons entitled to the like right) at all times by day or by night and with or without vehicles and for all purposes to go pass and repass over and along the areas of the Estate provided from time to time as roads 
1.3.             Full right to use the areas of the Estate provided from time to time as communal gardens for recreation purposes only and not to cause any nuisance annoyance or damage in respect of exercising such right 
2.1              The right to subjacent and lateral support and to shelter and protection from the other parts of the Buildings and from the sides and roof thereof 
2.2              Access to any existing meters affecting the Property and situate on property forming part of the Estate for the purposes of inspection maintenance and repairing thereof 
3.     The free and uninterrupted passage and running of water and soil gas and electricity from and to the Property through the sewers drains and watercourses cables pipes and wires which now are or may at any time during the term of this Lease be in under or passing through the Buildings or the Estate or any part thereof 
4.     The right for the Lessee with or without workmen servants and others at all reasonable times on giving forty-eight hours previous notice in writing to the Lessor (except in the case of emergency) to enter into and upon other parts of the Buildings for the purpose of repairing cleansing maintaining or renewing any such sewers drains and watercourses cables pipes and wires as aforesaid and of laying down any new sewers drains and watercourses cables pipes and wires causing as little disturbance as possible and making good any damage caused 
5.     Where the Flat has access to any balcony the right of access to and use of such balcony as an ancillary area to the Property and subject to complying with the terms of this Lease in relation to it
THE THIRD SCHEDULE above referred to 
Exceptions and Reservations 
THERE are Excepted and Reserved in fee simple out of this Lease to the Lessor and the owners and Lessees of any other flats comprised in the Buildings and also in the Lessor’s adjoining properties:
(a)        All easements rights and privileges over along and through the Property equivalent to those set forth in paragraph 2 3 and 4 of the Second Schedule to this Lease
(b)       Access to any existing meters for the purposes of inspection maintaining and repairing thereof 
(c)        The right for the Lessor with agents servants workmen and others at all reasonable times on giving three days previous notice in writing (except in the case of emergency) to enter into the Property and upon other parts of the Buildings for the purpose of repairing maintaining renewing or rebuilding the Property or any other part of the Buildings causing as little damage and disturbance to the Lessor as reasonably practicable
THE FOURTH SCHEDULE above referred to
Restrictions imposed in respect of the Property 
1.          Not to use the Property or permit the same to be used for any purpose whatsoever other than as a private dwellinghouse only nor for any purpose from which a nuisance can arise to the owners and lessees and occupiers of other flats comprised in the Buildings nor to the neighbourhood nor for any illegal or immoral purposes
2.          Not to do or permit to be done any act or thing which may render void or voidable any policy of insurance on any flat in or part of the Estate or which may cause an increased premium to be payable in respect thereof 
3.          Not to throw dirt rubbish or other refuse or permit the same to be thrown into the sinks baths lavatories cisterns or waste or soil pipes in the Property 
4.          No piano pianola gramophone wireless television loudspeaker or other sound generating or amplifying equipment or mechanical or other musical instrument of any kind shall be played or used nor shall any singing be practised nor shall any excessive noise be made in the Property so as to cause annoyance to the owners lessees and occupiers of the other flats comprised in the Buildings or so as to be audible outside the Property between the hours of 11 p.m. and 9 a.m.
5.          No name writing drawing signboard plate or placard of any kind shall be put on or in any window on the exterior of the Property or as so to be visible from outside the Property 
6.          No external wireless or television aerial shall be erected save at the Lessor’s discretion but this restriction shall not apply where such aerials already exist
7.          To observe and perform any stipulations covenants and conditions under which the Lessor holds the Estate 
8.          Wherever possible to ensure that all tradesmen use the rear or tradesmen’s entrances to the Buildings of which the Property forms part 
9.          No clothes or other articles shall be hung or exposed outside the Property 
10.       No washing maintaining or repairing of cars is to be carried out upon the Estate roadways
11.       To observe all and any reasonable regulations which the Lessor may from time to time make for the more efficient running of the Estate
12.       Not to paint varnish distemper or in any way alter the exterior or external appearance of the Property 
13.       The Lessee will not insure or cause or permit to be insured those parts of the Property which form the structure of the building or which are insured by the Lessor in accordance with its covenant in that behalf contained in this Lease
14.1    No bird dog or other animal kept as a pet at the date hereof which may cause annoyance to any owner lessee or occupier of other flats comprised in the Buildings shall be kept in the Property by the Lessee or any underlessee or any other person for whom the Lessee is responsible 
14.2    Any lessee or underlessee wishing to keep any bird dog or other animal in the future must apply to the Lessor for consent in writing and the provision of Paragraph 14.1 shall also apply PROVIDED that in both cases the Lessor’s decision granting or refusing or withdrawing any such consent shall be conclusive and any consent granted may be withdrawn in the event of any complaint
15.       To comply with such reasonable regulations as the Lessor may from time to time make in relation to the use of the passenger and goods lifts at the Estate
16.       Not to use the passenger lifts at the Estate for the delivery or removal of goods or builders materials or equipment and to reimburse any costs incurred by the Lessor including the administration and cleaning fees occasioned by any breach by the Lessee or any agent servant or contractor of the Lessee or any person for whom the Lessee is responsible
17.       Not to use the goods lifts at the Estate in an improper manner or to overload the lifts or their equipment and to leave such goods lifts in a clean and tidy condition and to reimburse any costs incurred by the Lessor including the administration and cleaning fees occasioned by any breach by the Lessee or any agent servant or contractor of the Lessee or any person for whom the Lessee is responsible
THE FIFTH SCHEDULE above referred to
Subject to the due performance by the Lessee of his obligations to contribute to the costs charges and expenses of the Lessor as herein provided:
1.          The Lessor will whenever it considers it reasonably necessary maintain repair paint redecorate renew and keep in clean and proper order and condition:
1.1       The external walls and structure and in particular the main load bearing walls the foundations roof storage tanks gutters rainwater pipes and window frames of the Buildings and the Estate 
1.2       The gas and water pipes stacks ventilation pipes drains and electric cables and wires in under and upon the Estate and enjoyed or used by the Lessee in common with the Lessees and tenants of the other flats in the Buildings and on the Estate 
1.3       The main entrance halls common passageways landings staircases and outer surface of the entrance door to each flat and all other parts of the Buildings and the Estate so enjoyed or used by the Lessee in common aforesaid supplying all materials and labour necessary for this purpose
2.          The Lessor will pay all rates taxes insurance premiums outgoings electricity charges and impositions in respect of those parts of the Estate (including office and staff accommodation and common parts) that are not included in any individual lease to a tenant or lessee of any other flat in the Buildings 
3.          The Lessor will so far as practicable keep clean and reasonably lighted the main entrances common passageways landings staircases and other parts (including all windows in the common parts) of the Buildings and the Estate so enjoyed or used by the Lessee in common as aforesaid provided that the Lessor shall be under no liability for injury to the Lessee or to any other person or persons using the said common parts other than as hereinbefore provided 
4.          The Lessor will at regular intervals throughout the term of this Lease decorate the external parts of the Buildings in the manner in which the same were previously decorated or as near thereto as circumstances permit and in particular will paint the external parts of the Buildings usually painted with two coats of good paint in a proper and workmanlike manner at regular intervals
5.          The Lessor will use its best endeavours to obtain the regular collection and removal by the municipal authority concerned of the Lessee’s domestic refuse but without being responsible for the omission or failure of such authority to so collect and remove such refuse and maintain a regular collection from the flat of such domestic refuse 
6.          The Lessor may in its discretion install and if installed maintain and renew where necessary (a) rented television aerial systems (b) rented entry phone systems and in the case of (a) and (b) above will pay all the proper charges in connection therewith 
7.1       The Lessor will pay and discharge all accounts for all works and services executed or undertaken by any firm company or person engaged or employed by the Lessor in its performance and observance of its obligations and each of them under this Schedule and further the wages and remunerations of such staff employed by the Lessor as herein provided whose wages and remuneration shall be such as shall from time to time be determined by the Lessor as fair and equitable and shall in any event include:
7.1.1  such sums as from time to time represent the current market rack rental of any and every flat or flats occupied from time to time as offices and by resident staff which current market rental values shall be of such amounts as shall from time to time be determined by the Lessor’s Surveyor for the time being 
7.1.2  the amounts of the council tax general and water rates and other outgoings from time to time actually payable in respect of every flat as aforesaid
7.1.3  such annual sums as shall be necessary to keep and maintain the interior of each flat so occupied as offices and by staff in substantial repair and good decorative condition
7.2       The Lessor will at all times pay and discharge all sums and perform and observe all agreements and/or covenants by the Lessor contained in any agreement or lease of any flat (whether such flat or rooms shall be within the Buildings or not) or other accommodation which shall be held by the Lessor at its discretion for any of the staff of the Lessor employed by it in connection with the Lessor’s performance and observance of its obligations under this Schedule or any of them
8.          The Lessor will well and substantially maintain and repair all party walls and fences belonging to the Buildings and the Estate
9.          The Lessor will use its best endeavours to maintain and keep clean and tidy the communal gardens and areas to the Building and Estate and employ such staff as may be necessary for this purpose 
10.       The Lessor will but without prejudice to the foregoing do or cause to be done all such works installations acts matters and things as may in the Lessor’s absolute discretion be necessary or advisable for the proper maintenance safety amenity and administration of the Property the Buildings and the Estate including (but without prejudice to the generality of the foregoing) the employment of porters and other necessary staff and the provision of such equipment uniforms telephone and other such requirements as the Lessor considers necessary for the said porters or other staff to carry out their duties efficiently and economically and further (but without prejudice to the generality of the foregoing) the appointment of managing or other Agents Surveyors and Accountants and the payment of proper fees in connection with the supervision and performance of the Lessor’s covenants herein contained
11.       The Lessor will do and execute or cause to be done and executed all such works as under or by virtue of any Act or Acts of Parliament for the time being in force or any regulations or order made pursuant thereto and whether directed by any Government Local Statutory or Sanitary Authority or other body howsoever are or shall be directed or necessary to be done or executed upon or in respect of the freehold premises including the Buildings and Estate or any part thereof other than the Property (whether by the owner landlord lessee tenant or occupier thereof) and at all times keep the Lessee indemnified against all claims demands and liabilities in respect thereof
THE SIXTH SCHEDULE above referred to
1.          The Lessee [                                          ] [and                                               ] of [                                   ]

2.          Flat Number [                         ] on the [                            ] floor of the [Major/Minor] Block

3.          Existing Lease Title   [                                         ]

4.          Maintenance Charge Percentage [                    %]



EXECUTED AS A DEED by        )
FESTALFINE LIMITED             )
acting by two directors or      )
one director and the              )
Company Secretary                )

                                                         Director

                                                         Director/Secretary


Counterpart

SIGNED as a Deed by                              )
[                                                       ]      )
in the presence of:-                                )

Witness Signature:

Witness Name:
(PRINT BLOCK CAPITALS)

Address: