3 George Street
of Plot [ ] Howells Mere
Lower Mill Estate, Mill Lane Somerford Keynes, Gloucestershire.
Dated
The Lower Mill Estate Limited
and
[ ]
Brecher
Heron Place
3 George Street
London W1U 3QG
Tel. 020 7563 1000;
Fax. 020 7486 7796;
DX 42701 Oxford Circus North
LR1. Date of leaseLR2. Title number(s) / LR2.1 Landlord’s title number(s)
Title number(s) out of which this lease is granted. Leave blank if not registered.
GR298774
LR2.2 Other title numbers
Existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made.
GR142174, GR108122, GR213882 and GR229974
LR3. Parties to this lease
Give full names, addresses and company’s registered number, if any, of each of the parties. For Scottish companies use a SC prefix and for limited liability partnerships use an OC prefix. For foreign companies give territory in which incorporated. / Landlord
The Lower Mill Estate Limited (company number 03314399) of 51 Queen Anne Street, London W1G 9HS.
Tenant
[ ]
Other parties
Specify capacity of each party, for example “management company”, “guarantor”, etc.
LR4. Property
Insert a full description of the land being leased
or
Refer to the clause, schedule or paragraph of a schedule in this lease in which the land being leased is more fully described.
Where there is a letting of part of a registered title, a plan must be attached to this lease and any floor levels must be specified. / 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.
Plot [ ] Howells Mere, Lower Mill Estate, Mill Lane, Somerford Keynes, Gloucestershire edged red on Plan number 1.
LR5. Prescribed statements etc.
If this lease includes a statement falling within LR5.1, insert under that sub-clause the relevant statement or refer to the clause, schedule or paragraph of a schedule in this lease which contains the statement.
In LR5.2, omit or delete those Acts which do not apply to this lease. / LR5.1 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.
LR5.2 This lease is made under, or by reference to, provisions of:
None.
LR6. Term for which the Property is leased
Include only the appropriate statement (duly completed) from the three options.
NOTE: The information you provide, or refer to, here will be used as part of the particulars to identify the lease under rule 6 of the Land Registration Rules 2003. / The term is as follows:
999 years from and including 1 January 1999
LR7. Premium
Specify the total premium, inclusive of any VAT where payable. / [ ]
LR8. Prohibitions or restrictions on disposing of this lease
Include whichever of the two statements is appropriate.
Do not set out here the wording of the provision. / This lease contains a provision that prohibits or restricts dispositions.
LR9. Rights of acquisition etc.
Insert the relevant provisions in the sub-clauses or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions. / 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
Insert the relevant provisions or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions. / None.
LR11. Easements
Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the easements. / LR11.1 Easements granted by this lease for the benefit of the Property
Clause 3.
LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property
Clause 4.
LR12. Estate rentcharge burdening the Property
Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the rentcharge. / None.
LR13. Application for standard form of restriction
Set out the full text of the standard form of restriction and the title against which it is to be entered. If you wish to apply for more than one standard form of restriction use this clause to apply for each of them, tell us who is applying against which title and set out the full text of the restriction you are applying for.
Standard forms of restriction are set out in Schedule 4 to the Land Registration Rules 2003. / None.
LR14. Declaration of trust where there is more than one person comprising the Tenant
If the Tenant is one person, omit or delete all the alternative statements.
If the Tenant is more than one person, complete this clause by omitting or deleting all inapplicable alternative statements. / The Tenant is more than one person. They are to hold the Property on trust for themselves as joint tenants.
OR
The Tenant is more than one person. They are to hold the Property on trust for themselves as tenants in common in equal shares.
OR
The Tenant is more than one person. They are to hold the Property on trust.
Contents
1.Definitions
2.Interpretation
3.Demise and rights
4.Exceptions and reservations
5.Habendum and reddendum
6.Tenant's covenants
7.Service Charge
8.Landlord’s covenants
9.Provisos
10.Review of Rent
11.Contracts (Rights of Third Parties) Act 1999 (RTP Act)
Schedule 1
Service Charge expenditure
Schedule 2
Initial Regulations
Schedule 3
Agreements
DATE:
PARTIES:
(1)THE LOWER MILL ESTATE LIMITED whose registered office is situate at 51 Queen Anne Street, London W1G 9HS (Landlord); and
(2)[ ] of [ ] (Tenant).
1. Definitions
For all purposes of this lease the terms defined in this clause have the meanings assigned to them:
Agreements / the agreements under section 106 of the Town and Country Planning Act 1990 referred to in Schedule 3 (including any modification or amendments thereto).Building / the dwelling to be constructed on and to form part of the Demised Premises.
Common Parts / the Estate Roads forecourts parking and other areas of the Estate which are from time to time designated by the Landlord for use by the Tenant in common with the owners and occupiers of the Other Plots on the Estate and any others that are entitled to use them.
Demised Premises / the plot no [ ], Howells Mere situate on the Estate shown edged red on Plan 1.
Estate / subject to clause 9.7 the land and premises situate at Lower Mill Estate, Mill Lane, Somerford Keynes, Gloucestershire comprised within the above Title Numbers excluding the land edged blue for identification only on Plan 2.
Estate Roads / all roads and footpaths situate on the Estate intended for the use and benefit of the Tenant and all owners and occupiers of the Other Plots and any others that are entitled to use them.
Initial Service Charge / [£[ ] plus VAT per year. ]
Insured Risks / fire lightning explosion aircraft and other aerial devices and articles dropped from them riot civil commotion strikes locked out workers persons taking part in a labour disturbance malicious persons earthquake storm tempest flood bursting discharging leaking and overflowing of water pipes tanks and other apparatus impact by road vehicles or animals and such other risks as are normally insured by a residential “all risks” policy.
Landlord’s Surveyor / a surveyor or firm of surveyors (including an employee of the Landlord) appointed by the Landlord from time to time in connection with the Estate or this lease.
Leisure Facilities / such leisure and other facilities as are designated by the Landlord from time to time.
Other Plots / the other residential plots forming part of the Estate (excluding any storage barns) which are from time to time sold or let.
Parking Spaces / the parking space or spaces for the purpose of identification only shown coloured green on Plan 1 and subject always to the proviso to clause 3.1.6.
Payment Day / the first day of January in each year of the Term.
Plan 1 and Plan 2 / the plans annexed hereto marked respectively Plan 1 and Plan 2.
Planning Acts / the Town and Country Planning Act 1990 the Planning (Listed Buildings and Conservation Areas) Act 1990 the Planning (Consequential Provisions) Act 1990 the Planning (Hazardous Substances) Act 1990 the Planning and Compensation Act 1991 and any other Act for the time being in force relating to town and country planning together with all regulations and orders made or confirmed under any of them.
Planning Consent / the planning consents numbered CT6641/G CT6641/H and CT6641/J and CT6641/1/B (including any modifications or revisions thereof) relating to the development of the Estate and any other relevant consents.
Price / £[ ] [plus/including] VAT.
Regulations / the rules and regulations from time to time made by or on behalf of the Landlord and notified to the Tenant ( a copy of the current regulations are attached to this lease) and the Initial Regulations set out in Schedule 2.
Rent / £[ ] plus VAT per annum (subject to review as provided in clause 10).
Review Date / first day of January in each year and relevant Review Date shall be construed accordingly.
Service Channels / all pipes wires channels drains sewers and conduits of whatsoever nature.
Service Charge / the service charge as set out in clause 7.
Services / the services set out or referred to in clauses 7, 8.1, 8.2 and 8.4.
Sewerage Works / the private cesspools from time to time situate on the Estate.
Term / 999 years from and including the first day of January 1999.
VAT / value added tax or any similar tax which shall replace value added tax.
2. Interpretation
2.1 The expression Landlord wherever the context so admits includes the person or persons for the time being entitled to the reversion immediately expectant on the determination of the Term.
2.2 The expression Tenant shall where the context so admits include his successors in title and assigns and "anyone under the Tenant's control" means the Tenant's employees agents subtenants licensees invitees and anyone else on the Demised Premises or the Estate expressly or impliedly with the authority of the Tenant.
2.3 Any obligation imposed on the Tenant by this Lease not to do an act or thing includes an obligation not to permit or suffer it to be done by anyone under the Tenant's control; and any such obligation to do an act or thing includes an obligation to procure where appropriate that it is done by anyone under the Tenant's control
2.4 Where the Landlord or the Tenant for the time being are two or more persons obligations expressed or implied to be made by or with either are deemed to be made by or with such persons jointly and severally.
2.5 Words importing one gender include both other genders and words importing the singular include the plural and vice versa.
2.6 The clause paragraph and schedule headings do not form part of this lease and shall not be taken into account in its construction or interpretation.
2.7 References to clauses schedules and paragraphs shall be to the relevant clauses schedules and paragraphs set out in this lease unless otherwise indicated.
2.8 For the purpose of this lease the perpetuity period shall be 80 years commencing on the date of this lease and the “Perpetuity Period” shall be defined accordingly.
2.9 References to Acts a particular Act or part of an Act include anything (for example a notice direction order licence regulation instrument byelaw rule condition circular guidance note and the like whether made in the United Kingdom the European Union or elsewhere and having effect in the United Kingdom now in force or passed after the date of this lease (Acts)) deriving effect from any Act and refer to that particular Act as it may have been extended modified consolidated amended or re-enacted by the date upon which its construction is relevant for the purposes of this lease and not in the form that it was when originally enacted or as at the date of this lease.
2.10 References generally to any Act include derivative legislation and any regulation or other legislation of the European Union that is directly applicable in the United Kingdom and include existing statutes and those that come into effect during the Term.
2.11 For the purpose of this lease the expression Full Title Guarantee shall be qualified as follows:
The covenant set out in Section 2(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 shall not extend to “at his own cost” so that the words “at his own cost” shall be replaced by “at the tenant’s cost”.
The covenant set out in section 6(2)(a) of the Law of Property (Miscellaneous Provisions) Act 1994 shall extend to all matters now recorded in registers open to the public for inspection which are to be considered within the actual knowledge of the Tenant.
2.12 Any references on the plans annexed to this lease or any other plans supplied to the Tenant to the location of land and water and buildings are for illustrative purposes only and may be subject to variation. The Demised Premises may consist of a combination of land and water and the boundary between land and water may be subject to variation. Any adjoining building or landscaping shown on any plan supplied to the Tenant is for illustrative purposes only and the design layout and or nature of such adjoining buildings and landscaping may be subject to variation and/or change.
3. Demise and rights
3.1 In consideration of the Price now paid by the Tenant to the Landlord (the receipt of which the Landlord hereby acknowledges) and of the Rent and covenants on the part of the Tenant hereinafter reserved and contained the Landlord with Full Title Guarantee hereby demises unto the Tenant the Demised Premises together with (but to the exclusion of all other rights easements liberties or advantages and subject to the observance and performance of the Regulations and subject to the payment of the Service Charge by the Tenant):
3.1.1 the right for the Tenant his employees and invitees (in common with the Landlord the tenants occupiers of the Other Plots and any others that are entitled to use them) at all times with or without vehicles to use the Estate Roads and on foot only to use such of the Estate Roads as are footpaths for access to and egress from the Demised Premises and the Parking Spaces;
3.1.2 the right (in common as above) to the free and uninterrupted passage and running of water soil and electricity and (to the extent available) gas to and from the Demised Premises through the Service Channels laid or to be laid during the Perpetuity Period or running through under or over or across the Estate subject to the right for the Landlord to amend alter or divert the Service Channels subject to providing suitable temporary arrangements whilst works are carried out;
3.1.3 the right for the Tenant his employees and invitees (in common as above) during such times as the Landlord may designate from time to time to use the Common Parts for the purposes for which they are provided;
3.1.4 the right for the Tenant his employees and invitees (in common as above) to use such of the Leisure Facilities (but excluding the spa facilities) as may be designated by the Landlord for use by the Demised Premises from time to time and during such hours as the Landlord may from time to time notify to the Tenant;
3.1.5 the exclusive right for the Tenant his employees and invitees to park roadworthy private vehicles on the Parking Spaces provided always that the Landlord may at its reasonable discretion allocate alternative parking spaces provided further that such alternative spaces are not materially less convenient to the Demised Premises as those currently allocated;
3.1.6 the right of access and entry onto the adjoining premises (including the Other Plots) forming part of the Estate at reasonable times upon giving at least 48 hours’ prior notice in writing (except in the case of emergency) with or without servants workmen and others and all necessary tools and apparatus for the purpose of carrying out repairs or works in connection with the Demised Premises and which cannot be carried out without such entry provided that proper care will be taken by all those exercising such rights, as little disturbance and inconvenience is caused and any damage caused will be made good to the Landlord’s satisfaction as soon as reasonably practicable; and
3.1.7 the right of support and protection for the Demised Premises that is intended to be enjoyed from the Building.
3.2 The rights granted by clauses 3.1.1 to 3.1.6 may be interrupted or varied for the purposes of any works of maintenance repair construction alterations or the replacement of any building or Service Channels provided that reasonable prior written notice is given to the Tenant (except in case of emergency) and that any such rights are restored as soon as possible and (where practicable) reasonable alternatives are provided and the right granted by clause 3.1.1 is subject to the right of the Landlord to close any of the Estate Roads (whether permanently or temporarily) provided that access to the Demised Premises the Parking Spaces and (as designated by the Landlord from time to time) the Leisure Facilities can be obtained by a reasonable alternative route.