LR2. Title number(s) / LR2.1 Landlord's title number(s)
[Enter the title number of the title out of which the lease is granted or if there are more than one, all title numbers]
LR2.2 Other title numbers
[Enter any other relevant title number(s)]
LR3. Parties to this lease / Landlord
[Name of Landlord(s)] of [address of Landlord] (“the Lessor”)
Tenant
[Name of leaseholder(s)] of [address of leaseholder] (“the Lessee”)
Other Parties
[Enter any other parties, such as a management company, here]
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.
The First Schedule
LR5. Prescribed statements etc. / LR5.1
None
LR5.2
LR6. Term for which the Property is leased / [Length of term] from [Commencement date. This is not necessarily the date of completion and may be earlier]
LR7. Premium / [Purchase price]
LR8. Prohibitions or restrictions on disposing of this lease / None
LR9. Rights of acquisition 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 other 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 over the Property for the benefit of other property
Third Schedule
LR12. Estate rentcharge burdening the Property / None
LR13. Application for standard form of restriction / None
LR14. Declaration of trust where there is more than one person comprising the Tenant / [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]
HM LAND REGISTRY
LAND REGISTRATION ACT 2002
LEASE OF PART
ADMINISTRATIVE AREA:[Name of council i.e. for Leeds City Council enter Leeds]
TITLE NUMBER:[Freehold/Superior Title Number]
DATE:[Completion date]
PARTICULARS
Landlord::[Name of landlord] of [address of landlord]
Tenant:[Name of tenant] of [address of tenant]
Management Company:[Where applicable enter the name of any management company formed for the purpose of managing the building/estate. Omit this where there is no management company]
Purchase Price:[The amount paid by the tenant for the Property]
Term:[Length of the lease in years] from [date the lease is to start. This is either the date of completion or earlier. In a development all the leases will usually have the same commencement date, so that they expire on the same date.]
Ground Rent:[Enter the annual ground rent payable. This can be fixed throughout the term, can increase after a set number of years for example £100 for the first 25 years, £200 for the next 25 etc. or can be reviewed on set dates and base on a formula for example it may be reviewed every 5 years and increased in line with the Retail Price Index]
Service Charge: [% of total service charges applicable to this property]
Operative Provisions
1. Definitions and Interpretations
In this lease and in its schedules the words and phrases specified in the Particulars or this clause shall have the appropriate specified meanings:
Accessways:means any pedestrian ways forecourts parking areas or drives entrance halls staircases lifts landings or corridors now or hereafter serving the Property;
Accounting Date:means the 31st day of December in each year (or such other date as the [Management Company/Landlord - delete as applicable] may from time to time substitute for that date);
Accounting Period:means the period commencing on the day immediately after each Accounting Date and ending on the the following Accounting Date;
Block:means the block or blocks of flats within the Development of which the Property forms part of and any other buildings forming part thereof and/or intended for use therewith;
Certificate:means a certificate issued under the provisions of paragraph 4 of the Seventh Schedule;
Commencement Date:means [enter the date you wish the lease term to commence. Where there are two or more leases granted for the same development this will usually be the commencement date of the first lease, with the effect being that all of the leases commence and therefore end on the same date];
Common Parts:means all facilities (whether or not forming part of the Block) including but not limited to the Accessways the External Areas the Service Media and all other parts of the Development used in common by the Residents;
Development:means the Block together with the External Areas and any other part of the Landlords Estate maintained by the [Management Company/Landlord - delete as applicable];
Estate Roads:means the carriageways footpaths and verges serving the Development and which are intended to become maintainable at the public expense which are shown hatched on the Plan;
Estate Sewers:means the foul and service water sewers constructed or to be constructed within the Landlords Estate which serve the Development and which are intended to become maintainable at the public expense;
Estimate:means an estimate prepared under the provisions of paragraph 2 of the Seventh Schedule;
External Areas:means the Accessways gardens and grounds car parking spaces and other areas outside the Block intended for use in connection with the Block;
Flats:means the self-contained flats within the Block;
Interest:means interest at the rate of four per cent per annum above the base rate (or such other rate replacing the same by reference to which Barclays Bank PLC or such other clearing bank as hereinafter provided determines its rate of interest) of Barclays Bank PLC (or such other London clearing bank as the [Management Company/Landlord - delete as applicable] may nominate) prevailing from time to time;
Landlord:includes the person for the time being entitled to the reversion immediately expectant upon the Term granted by this lease;
Landlords Estate:means the residential estate being developed by the Landlord of which the Development forms part;
Leases:means any lease granted or to be granted by the Landlord of the Flats;
Particulars:means the particulars specified on the front sheet of this lease and the definitions contained in the Particulars shall apply in this lease;
Payment Day:means the day immediately after each Accounting Date;
Perpetuity Period:means the period of eighty years from the date hereof;
Plan:means the plan or plans annexed to this lease;
Rents:means the Ground Rent and Service Charge;
Reserve Fund:means any fund that the [Management Company/Landlord - delete as applicable] may decide to establish in order to meet future expenditure which it expects to incur in maintaining replacing rebuilding or renewing those items which it is obliged or entitled to maintain replace rebuild or renew under the terms of this lease;
Service Charge:means the percentages specified in the Particulars of the Service Costs or such other percentages or proportion as may from time to time be substituted under the provisions of Clause 7.2.1 of this lease;
Service Costs:means the amount of money expended in respect of the matters set out in the Sixth Schedule Part Two;
Service Media:means all drains channels sewers pipes wires cables conduits aerials (including satellite and cable television receivers) tanks watercourses gutters soakaways and other conducting media whatsoever (but excluding the Estate Sewers) and any structures and plant incidental to the user thereof (and all other apparatus for the supply or flow of water sewerage gas electricity telephone or television signals) and further including any entry door systems now or hereafter within the Perpetuity Period constructed;
Tenant:includes the person for the time being entitled to the Term hereby granted and where the Tenant is more than one person all Tenant's covenants and agreements shall be deemed to have been made jointly and severally;
Visitor Parking Space:any parking space forming part of the Common Parts and marked “VP” on the Plan.
2.Grant of Lease of the Property
In consideration of the Purchase Price specified in the Particulars now paid by the Tenant to the Landlord (the receipt of which is acknowledged) and of the Rents and covenants on the part of the Tenant hereinafter reserved and contained THE Landlord with full title guarantee HEREBY DEMISES unto the Tenant the Property TOGETHER WITH the rights set out in the Second Schedule TO HOLD the same unto the Tenant for the Term paying the Ground Rent yearly and also paying on demand by way of further rent the Service Charge SUBJECT TO the rights excepted and reserved set out in the Third Schedule and to the covenants on the parts of the Tenant hereinafter contained in the Fourth Schedule
3.Tenant Covenants
The Tenant for the mutual protection of the Landlord [and of the Management Company - delete if not applicable] and also of the registered proprietors of the Flats and any part of the Development for the benefit of the Development and each and every part thereof and with the intention of binding the Property covenants with the Landlord [and the Management Company - delete if not applicable] to observe and perform the obligations on the part of the Tenant set out in the Fourth and Seventh Schedules
4.Landlord Covenants
The Landlord relying on the covenants on the part of the Tenant set out in the lease covenants with the Tenant to observe and perform the obligations on the part of the Landlord set out in the Fifth Schedule
5.Management Company Covenants [if no management company replace all references in this section with Landlord]
5.1The Management Company relying on the covenants on the part of the Tenant set out in this lease covenants with the [Landlord and as a separate covenant with the delete if not applicable] Tenant to observe and perform the obligations on the part of the Management Company set out in the Sixth and Seventh Schedules
[5.2In the event of the Management Company being substantially or persistently in breach of its obligations as set out on the Sixth and Seventh Schedules or becoming insolvent the Management Company shall on receipt of notice signed by or on behalf of at least 50% of the Residents execute such documentation as may be necessary to assign the benefit of the rights granted to it under this Lease to a management company owned by at least 50% of the Residents or to another professional management company nominated by at least 50% of the Residents which company shall thereafter assume responsibility (save in respect of any breach arising prior to the date of such documentation) for the obligations contained in the Sixth and Seventh Schedules and shall release the restriction in its favour registered on the title to the Property PROVIDED THAT contemporaneously the Management Company shall be released from its obligations contained in the Sixth and Seventh Schedules and the Residents owned management company or other professional management company will indemnify the Management Company against any liabilities arising from the future breach or non observance thereof - delete entire clause if no management company]
5.3The Management Company covenants that upon compliance with the provisions of paragraphs 16 and 17.1 of the Fourth Schedule to issue such certificate as shall be required by HM Land Registry to satisfy any restriction on the Tenants registered title
[6.Management Company Rights
THE Landlord grants to the Management Company such rights of entry onto the Property and access and egress on over and through the other parts of the Development and the Landlords Estate as are necessary for the Management Company to carry out its obligations set out in this Lease - delete entire clause if no management company]
7.Agreements and Declarations
IT IS HEREBY AGREED AND DECLARED as follows:
7.1that if any Rents hereby reserved or any part thereof shall be unpaid for twenty one days next after the same shall have become due (whether the same shall have been lawfully demanded or not) or if any covenant by the Tenant or condition herein contained shall not be performed or observed then and in any such case it shall be lawful for the Landlord or any person or persons authorised by it in that behalf at any time thereafter to re-enter the Property or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any antecedent breach or non-observance by the Tenant of the covenants or conditions herein contained PROVIDED ALWAYS that the right of re-entry and forfeiture herein contained shall not become exercisable unless notice specifying the breach or breaches is first served by the Landlord on any mortgagee under any subsisting of which the Landlord has received notice and the mortgagee shall have failed to make good such breach or breaches within 21 days of the service of such notice;
7.2.1that the [Management Company/Landlord - delete as applicable] shall be entitled by giving written notice to the Tenant to vary the Service Charge from time to time as a consequence of any alteration or addition to the Buildings or any alteration in the arrangements for provision of services therein or any other relevant circumstances;
7.2.2that any variation in the Service Charge shall take effect from such date as the [Management Company/Landlord - delete as applicable] may specify in such written notice having regard to the date of occurrence of the reason for such variation;
7.3that all the Schedules are imported into the operative part of this lease;
7.4that in the event of the Property or any part thereof at any time during the Term being so damaged or destroyed by fire or any of the other risks insured against by the [Management Company/Landlord - delete as applicable] as to be unfit for habitation and use then the Rents hereby reserved according to the nature and extent of the damage sustained shall be reduced on an equitable basis until the Property shall again be rendered fit for habitation and use;
7.5that all the rights and obligations of the Landlord and the Tenant respectively under this lease shall be incident to and devolve with the legal reversion immediately expectant on the Term and with the leasehold interest created by this lease and shall accordingly be enjoyed and performed by the person in whom such reversion and leasehold interest shall for the time being be vested;
7.6Section 196 of the Law of Property Act 1925 shall apply to any notice demand or other instrument authorised to be served hereunder and any notice served by the Landlord shall be sufficiently served by any agent of the Landlord
[7.6.1if the Management Company shall enter into liquidation whether voluntary or compulsory (other than a members' voluntary liquidation for the purpose of reconstruction or amalgamation) or shall have a Receiver appointed or if the Management Company shall seek to arrange a compromise with its creditors then the the Landlord shall as soon as practicable (a) appoint in place of the Management Company a substitute company specialising in the provision of management services to private residential housing schemes of the type compromised in the Development to perform the functions of the Management Company under this Lease and (b) post by registered post notice of such appointment to the Management Company at its registered office and from midnight on the seventh day after the date on which the the said notice is posted all the rights powers and obligations on the Management Company under this Lease shall cease and the substitute company shall have all the said rights powers and obligations.
7.6.2Sub-clause 7.6.1 of this clause shall apply mutatis mutandis to the substitute company and to any further substitute company appointed under this sub-clause. - delete entire section if no management company]
THE FIRST SCHEDULE
The Property
THE Property is shown edged red on the Plan and includes:
1.the surfaces of the floors (including the floorboards or other surfaces thereof) and ceilings but not any other part of the floor joists or slabs or the ceiling joists or slabs that bound the Property;
2.the interior finishes of the walls that bound the Property;
3.the inner half severed medially of any internal non-load bearing walls that divide the Property from any other Flats;