Property Without Pain

The Informed Way to Buy, Sell and Own a Flat or House


Actual Lease

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Actual lease

Comma Chameleon

The image below depicts the first page of an 11-page lease for a conversion flat purchased in 1988. Ten pages contain only text, all of which is reproduced below. One page of the lease consists of a floorplan and is not shown here.

The stamps - for stamp duty - are prominent on the first page, including one for a thousand pounds. A Land Registry rubber stamp and index number appear on the last page of the lease.

The style of the lease follows legal tradition, which eschews commas.

lease

The Lease 

The text of the lease was scanned from the leaseholder's photocopy. Scanning being an imperfect art, the text was proofread and, where scanning errors were spotted, corrected. However, the lease itself contains typographical and other errors, and these have been left unchanged and indicated by [sic]. There are more than 15 "sic's," beginning with a misspelled "between" on the second line of the typescript. The lease contains nearly 5,000 words.

THIS LEASE is made the 21st day of JUNE, One thousand nine hundred and eighty eight BETWEEEN [sic] [Buyer's name] in the County of Berkshire (hereinafter called "the Lessor") of the one part and [Seller] Northumberside (hereinafter called "the Lessee") of the other part

WITNESSETH as follows:-

1. IN consideration of ONE HUNDRED AND TWO THOUSAND POUNDS (£120,000) now paid by the Lessee to the Lessor (the receipt whereof the Lessor acknowledges) and of the rents and Lessees covenants hereinafter reserved and contained the Lessor hereby demises unto the Lessee ALL THAT flat situate at and being part of the curtilage of [Building Name] Richmond in the London Borough of Richmond upon Thames (hereinafter called "the Building") the said flat being edged in red on the plan annexed hereto ALL WHICH premises are known as First Floor Flat [Building Name] Richmond upon Thames in the London Borough of Richmond upon Thames (hereinafter called "the Demised Premises") TOGETHER ALSO with the rights and easements mentioned in the First Schedule hereto but EXCEPT AND RESERVED unto the Lessor and the Lesses [sic] and underlessees and tenants and owners or occupiers for the time being of any other flat compirsed [sic] in the Building and the adjoining property (if any) belonging to the Lessor- the rights and easements mentioned in the Second Schedule hereto TO HOLD the same unto the Lessee for the term of One hundred and twenty five years from the Twenty Fifth day of March One thousand nine hundred and eighty eight YIELDING AND PAYING thereof

(i) During the first twenty five years of the said term the yearly rent of FIFTY POUNDS (£50.00) for the next twenty five years of the term the yearly rent of ONE HUNDRED POUNDS (£100.00) for the next twenty five years of the term the yearly rent of TWO HUNDRED POUNDS (£200.00) and for the remainder of the term the yearly rent of THREE HUNDRED POUNDS (£300.00) such rent shall be payable in advance on the Twenty Fourth day of June in each year free from all deductions whatsoever the first of such payments to be a proportionate part of the first yearly rental to be calculated from the date hereof and to be paid on the date hereof

(ii) By way of further rent a yearly sum equal to one quarter of the cost to the Lessor of fulfilling his obligations under Clause 4(2) and (3) hereof

2. THE Lessee HEREBY COVENANTS with the Lessor as follows:

(1) To pay the reserved rent at all times and in manner aforesaid

(2) To pay and discharge all rates taxes duties assessments charges impositions and outgoings whatsoever which may now or at any time during the term hereby granted be assessed charged or imposed upon the Demised Premises 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 any premises of which the Demised Premises form part to pay the proper proportion of such rates taxes assessments charges impositions and outgoings attributable to the Demised Premises such proportion in case of dispute to be determined as provieded [sic] by Clause 5(3) hereof

(3) At all times during the said term to do and execute all such works as are or may under or by virtue of any Act or Acts of Parliament or bye law of the sanitary local or other Authority for the time being be directed to be done or executed at any time during the said term in respect of the Demised Premises whether by the Lessor Lessee or occupier thereof and to pay a fair proportion of the cost thereof (to be .determined as hereinafter provided) where such works relate to the continguous [sic] or adjoining premises also

(4) Forthwith after service upon the Lessee of any notice affecting the Demised Premises 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 "Demised Premisers [sic] as the Lessor may consider desirable and to join with the Lessor in any such appeal against any order direction affecting the Demised Premises as the Lessor may consider desirable and to join with the Lessor in any such appeal against any order direction affecting the Demised Premises as the Lessor may consider desirable

(5) To pay all costs charges and expenses (including Solicitors and Surveyors fees) incurred by the Lessor for the purpose of or incidental to the preparation and service of a notice under Section 146 of the/Law of Property Act 1925 notwithstanding forfeiture may be avoided otherwise than by relief granted by the court

(6) During the last seven years of the said term not to assign underlet or part with possession of the Demised Premises or any part thereof or the Lessors fixtures (if any) without the previous consent in writing of the Lessor such consent not to be unreasonably withheld

(7) Within one calendar month after any such document or instrument as is hereinafter mentioned shall be executed or shall operate or take effect or purport to operate or take effect to produce to the Lessor every transfer of this Lease or Mortgage or Legal Charge of this Lease of the Demised Premises or any part thereof and also every underlease of the Demised Premises or any part thereof and every assignment of such underlease and also every Probate Letters of Administration Order of the Court or other instrument affecting or evidencing a devolution of title as regards the term hereby granted or any such underlease as aforesaid for the purpose of registration and for such registration to pay to the Lessor a fee of FIFTEEN POUNDS (£15.00) or such greater fee as shall be reasonably required together with value added tax in respect of each document or instrument so produced

(8) To permit the Lessor or its agents or such workmen as may be authorised by the Lessor at all reasonable times upon reasonable notice during the said term to enter into and upon the Demised Premises and examine the state of repair and condition of the same and within two calendar months (or sooner if requisite) after notice in writing to the Lessee shall have been given or left at the Demised Premises of all defects and wants of reparation found on such examination and for which the Lessee is liable hereunder to repair and make good the same according to such notice and the covenants on that behalf hereinafter contained and at the end of such time if the Lessee shall still be in default then without prejudice to any other rights of the Lessor in respect of such default to permit the Lessor to repair and make good the same and pay to the Lessor the cost of so doing together with the Lessor's Surveyors supervision fee amounting to ten per cent of the total cost plus any value added tax thereon

(9) Not without the previous licence or consent in writing of the Lessor to make any structural alterations in the plan elevation or appearance of the Demised Premises or make any addition thereto or cut alter or injure any of the walls or timbers thereof or erect or remove any internal partition for dividing rooms

(10) At the Lessees own expense in all respects to obtain all Licences approval of plans permissions and other things necessary for the carrying our or making of any such alterations or additions and comply with the bye law and regulations and other matters prescribed by any competent authority either generally or in respect of the specific work involved in such alterations or additions

(11) Not to use the Demised Premises or permit the same to be used for any purpose whatsoever other than a self contained private residential flat in the occupation of one family or household only nor to use the same for any illegal or immoral purpose

(12) Not to do or omit or suffer to be done or omitted any act matter or thing in on or respecting the Demised Premises required to be be [sic] omitted or done (as the case may be) by the Town and Country Planning Act 1971 or any amending acts or which shall contravene the provisions of the said Act or any of them and at all times hereafter to indemnify and keep indemnified the Lessor against all actions proceedings costs expenses claims and demands in respect of such act matter or thing contravening the said provisions of the said Act or any of them as aforesaid for which the Lessee in [sic] responsible

(13) To forthwith notify the Lessor in writing of any improvements or additions carried out to the Demised Premises which result in an increase in the reinstatement value thereof so as to permit the Lessor to comply with its obligations pursuant to Clause 4(2) hereof TO the intent that the liability of the Lessor to insure hereunder shall be limited to the value of the Demised Premises as demised to the Lessees by these presents together with the value of such improvements or additions of which the Lessor shall be notified in writing by the Lessor and acknowledged by the Lessor

(14) Not to display or permit to be displayed any placard advertisement sign letters or design in or upon the exterior of the Demised Premises or any part thereof other than such usual notices for the sale of the Lease

(15) To observe and perform the several covenants and conditions mentioned in the Charges Register of the Lessors title in so far as they may be applicable to the Demised Premises and to keep the Lessor indemnified against any breach non-observance or non-performance thereof

(16) That the Demised Premises renewed upheld maintained cleansed painted and decorated and kept in accordance with the covenants hereinafter contained shall at the expiration or sooner determination of the said term be quielty [sic] surrendered to the Lessor with all additions and improvements thereto and all Landlords fixtu5es [sic] affixed or belonging to the Demised Premises

3. THE Lessee HEREBY COVENANTS with the Lessor and by way of separate covenant with the owners and Lessees of any other flat comprised in the Building as follows:

(1) From time to time and at all times during the said term well and substantially to repair uphold support cleanse maintain drain amend and treat the Demised Premises and all new buildings which may at any time during the said term be erected thereon and additions made to the Demised Premises and the fixtures therein and all walls sewers drains gutters downpipes pathways passages easements and appurtenances thereof with all necessary reparation and cleansing and amendments whatsoever PROVIDED ALWAYS that the Lessee shall not do any work of repair or renewal to any floor or ceiling of the Demised Premises without giving reasonable notice to the occupier of the flat below or above (if any) of his intention so to do

(2) In the year One thousand nine hundred and ninety two and therafter [sic] once in every fourth year of the said term and also during the last year thereof to paint in a colour to be approved by the Lessor or the Lessors Surveyors for the time being all the outside wood and ironwork of the Demised Premises and all additions thereto with two coats of good oil quality paint in a proper and workmanlike manner and once in every five years of the term commencing with the year One thousand nine hundred and ninety three and every fifth successive year thereafter to paint all the inside of the Demised Premises usually or properly to be painted such 'painting to be done with two coats at least of good quality paint in appropriate colours and in a workmanlike manner and also at such times to whitewash colour and paper such portions of the interior of the Demised Premises as are usually so treated

(3) At all times during the said term to pay and contribute one quarter of the expense of repairing maintaining rebuilding and cleansing the roof and roof timbers above the Building and all joint footpaths and passagways [sic] and all foundations sewers drains pipes watercourses water pipes cisterns gutters electrical wires and cables and structure of the ceiling party walls party structures fences easements and appurtenances entrances belonging to or used or capable of being used by the Lessees in common with the Lessor or the  tenants or occupiers of the flats above or below the Demised Premises or within the Building and also all such used in common with the Lessee and the Lessors or other occupiers of any neighbouring premises such proportion in the case of difference to be settled by the Surveyor for the time being of the Lessor whose decision shall be binding and to keep the Lessor indemnified against all costs and expenses so far as aforesaid and a proper proportion to be assessed as aforesaid of the cost of repairing and maintaining the floor joists or other support dividing the upper flat from the lower

(4) At all reasonable times during the said term to permit the Lessor  and the Lessees or occupiers of any other part of the Building with workmen and others to enter into and upon the Demised Premises or any part thereof for the purpose of repairing any parts of the Building of which the Demised Premises form part and for the purpose of making repairing maintaining rebuilding cleansing lighting and keeping in order and ocndition [sic] all sewers drains pipes cables watercourses gutters wires rights of way party structures or other conveniences belonging to or serving or used for the same 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 the Lessor or the said Lessees or occupiers (as the case may be) making good all damage occasioned thereby to the Demised Premises

(5) Generally not to do or permit to be done or in connection with the Demised Premises anything which shall be or tend to be a nuisance or annoyance or cause of damage to the Lessor or its Lessees or any of them or to any neighbouring adjoining or adjacent property or the owner or occupiers thereof or by which any insurance for the time being effected on any part of the aforesaid building of which the Demised Premises form part or any adjacent building of which the Demised Premises form part may be rendered void or voidable or whereby the rate or premium may be increased

(6) To keep the paths serving the Demised Premises neat and tidy and free from obstructions and not to deposit or place anything thereon

(7) Not to bring or permit to be brought into the Demised Premises or to place or store or permit to be placed or stored or to remain in or about the Demised Premises any article or thing which is or may become dangerous offensive combustible inflammable radioactive or explosive

(8) To observe and cause his family and servants guests and visitors (as far as possible) to observe the regulations set out in the Third Schedule hereto and such other reasonable regulations set out in the Third Schedule hereto and such other reassonable [sic] regulations as the Lessor may from time to time make and communicate to the Lessee

4. THE Lessor HEREBY COVENANTS with the Lessee:-

(1) That the Lessee paying the rent hereby reserved and making all other payments due from the Lessee under the provisions hereof and observing and performing the Lessees covenants and conditions herein shall and may peaceably possess and enjoy the Demised Premises for the term hereby granted without any interruption or disturbance by the Lessor or any person claiming under the Lease

(2) To keep insured at all times throughout the said term the Building of which the Demised Premises form part (unless such insurance shall be vitiated by any act or default on the part of the Lessee) against loss or damage by fire explosion storm tempest earthquake aircraft and articles dropped therefrom and all other risks usually included in an index linked comprehensvie [sic] insurance policy to be placed through the agency of the lessor with an insurance office of repute in the full reinstatement value thereof including an amount to cover professional fees including Architects and Surveyors fees and costs of removal of debris and other incidental expenses in connection with the rebuilding or reinstatement and that in the event that the Demised Premises shall be destroyed or damaged by fire or such other insured risks forthwith to lay out the insurance monies in the repair rebuilding or reinstatement of the premises so damaged or destroyed

(3) Subject to payment by the Lessee of one quarter of the costs of such work (and upon the Lessee supply such sum by way of security as the Lessor may reasonably require) at all times during the -said term to repair maintain rebuild cleanse the roof and roof timbers above the Building and all passageways pathways and rights of way common conveniences entrances and all foundations sewers drains pipes watercourses water pipes cisterns gutters electrical wires and cables the structure of the ceiling and floor joists party walls party structures fences easements and appurtenances entrances belonging to or used or capable of being used by the Lessee in common with the Lessor or the tenants or occupiers of the flats above or below the Demised Premises or within the Building

(4) That every Lease of the other flats comprising the remainder of the Building hereinafter granted by the Lessor shallcontain [sic] covenants and ; conditions to be performed and observed by the Lessee similar to those herein contained and that (if reasonably required by the Lessee) the Lessor will enforce such covenants against the Lessee of such other Flats (and in particular those requiring a due contribution from the Lessee of such flat towards the costs of repair and maintenance of the Said roofs passages foundations pathways and rights of way common conveniences entrances and other parts referred to in Sub-Clause (3) of Clause 4 of this Lease) on the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement and providing such security in respect of costs and expenses as the Lessors may reasonably require

(5) That until such time as the Lessor shall grant a Lease of any other flat in the Building (hereinafter called "the undemised premises") or for any period during which the Lessor shall be in possession of the undemised premises or any part thereof the Lessor will keep the undemised premises and all walls hereto belonging in good and tenantable repair and condition and in particular (but without prejudice to the generality of the foregoing) so as to shelter and protect the part of the Building other than the undemised premises

5. PROVIDED ALWAYS and it is hereby agreed and declared that :-

(1) If the rents and payments hereby reserved and covenanted to be paid 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 and observed then and in any such case it shall be lawful for the Lessor at any time thereafter to re-enter upon the Demised Premises 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 of remedy of the Lessor in respect of any antecedent breach of any of of [sic] the covenants or conditions herein contained

(2) Neither the Lessee nor any other occupant of the Demised Premises shall acquire any right of light or air or any other rights over any adjacent or contiguous land or premises so as to prevent the Lessor from dealing with or developing it in such way as the Lessor may think fit

(3) That if at any time hereafter any dispute doubt or question shall arise between the Lessee and the owner or occupier of any other maisonette in the Building or adjacent or neighbouring premises of the Lessor concerning the rights or liabilities of these presents of the Lease in relation to any such owner or occupier as aforesaid every such dispute doubt or question shall be final and binding upon the Lessee and whose fees and expenses shall be paid by such party or parties to the dispute doubt or question and in such proportion as the Surveyor to the Lessor shall decide

(4) That every internal wall separating the Demised Premises or any adjoining flat shall be a party wall severed medially

(5) That the word "repair" includes the rectification or making good of any defect in the foundations or structure of the Building notwithstanding that it is inherent or due to the original design thereof

(6) Any notice served under or in respect of this Deed may be served by posting it in a prepaid (first class postage) envelope addressed in the case of the Lessor to its registered office or other last known address or in the case of the Lessee to the Demised Premises and shall be deemed to have been served two days after that on which it is posted and in proving such service it shall be sufficient to prove that the envelope containing the notice was properly addressed stamped and posted

(7) In these presents where ever the context admits:

(a) "the Lessor") [sic] shall include the person for the time being entitled in reversion immediately expectant upon the determination of the term hereby granted and "the Lessee" shall include the successors in title of the Lease

(b) words importing the singular include the plural number

(c) words importing the masculine gender include the feminine gender

(d) where two or more persons are included in the expression "the Lessee" the covenants expressed to be made by the Lessee and shall be  deemed to have been made by any such person jointly and severally and such persons shall be deemed to hold the Demised Premises as joint tenants legally and beneficially


IN WITNESS whereof the Lessor and the Lessee have hereunto set their hands and seals the day and year first before written

                        THE FIRST SCHEDULE above referred to

1. The free right of passage and running of water and soil gas and electricity and all other domestic services through all sewers drains watercourses pipes cisterns gutters downpipes wires and conduits which are now or may hereafter be in under or about the Building

2. The right of access to and entry at all reasonable times on any other part of the Building and the adjacent premises to and on which access and entry shall be required by the Lessee for the purpose of enjoying the occupation of the premises hereby demised and of performing any obligation of the Lessee under the covenants herein contained the Lessee doing as little damage as may be and forthwith making good or making full compensation for any damage done to the Building or the adjacent premises (except in emergency) giving reasonable and appropriate notices before exercising the rights herein provided

3. The right of access to and entry at all reasonable times on any part of the Building and the adjacent premises with workmen and materials for the purpose of repairing renewing cleansing and maintaining the aforesaid sewers drains watercourses pipes cisterns gutters downpipes wires and conduits or for the purpose of affecting, any necessary repairs to the Building or the Demised Premises

4. The right to subjacent and lateral support and to shelter and protection from the other parts of the Building and form the site and roof thereof

5. The right (entirely at the Lessees own cost and liability against third party claims) to erect and maintain a television aerial on the chimney stack or at the apex of an external wall of the Building in a position to be approved by the Lessor and to connect the Demised Premises to such aerial by such wires and cables as may from time to time be necessary Provided that any work shall be carried out with the knowledge and consent of any tenant in the Building who is likely to be affected thereby and with as little inconvenience as possible

(6) The benefit of the restrictions contained in the Leases of any other flats comprised in the Building of which the Demised Premises form part whether such leases are granted or to be granted

(7) The right to pass and repass over and along the paths forecourts steps porch entrance hall staircases and passageways giving access to the Demised Premises and to the dustbin area

(8) The right to place and maintain a dustbin area provided for such Purpose

THE SECOND SCHEDULE above referred to

1. Full and free right of entry on the Demised Premises for the Lessor and its agents with or without workmen and others at all reasonable times for the purpose of carrying out any work to the Building doing thereby as little damage to the Demised Premises as may be and forthwith making good or making full compensation for any damage done to the Demised Premises

2. All rights or easements or quasi-rights or quasi-easements enjoyed by the Lessee of any other flat in the Building over or in respect of the Demised Premises and the right for the Lessor and its agents and servants and the said Lessees of any other flat as aforesaid of access and entry to and on the Demised Premises at all reasonable times with or without workmen for the purpose of performing any rights or obligations either of the Lessor or Lessee or both under the covenants and terms contained in any Lease for any other flat for the time being subsisting (where such access and entry shall be reasonably necessary for the performance of such rights or obligations) the person exercising any such right doing thereby as little damage to the Demised Premises as may be and making good or making full compensation for any damage done to the Demised Premises

3. The right of other parts of the Building of which the Demised Premises form part to be supported sheltered and protected by the Demised Premises as the same now are

4. The right for the Lessor and all persons authorised by the Lessor and the Lessee of each and any other flat in the Building to the free and uninterrupted passage and running of water and soil gas and electricity from and to the remainder of the Building through the sewers drains gutters downpipes and watercourses cables pipes and wires which are now or may at any time be in under or passing through the Demised Premises or any part thereof TOGETHER ALSO with the right of entry with workmen and materials in connection with the purposes mentioned in the covenant on the part of the Lessee contained in Clause 3 (4) hereof and under the provisions of Paragraph 6 of the First Schedule hereto

5. The right for the Lessor or any other person or company at any time hereafter to build rebuild alter or use any of the adjacent or adjoining land of the Lessor for the Building or any other purpose notwithstanding the interference with any rights of light or air to the Demised Premises

6. The right for the Lessor and the Lessees of the other flats in the Building to pass and repass over and along the hallways passageways and staircases giving access to the other flats in the Building and to the roof  space

THE THIRD SCHEDULE above referred to

1. All rubbish ashes refuse and waste materials from the flat shall be placed in a suitable closed ashbin or other closed receptacle

2. No piano pianola gramophone wireless loudspeaker or mechancial [sic] or other musical instrument of any kind shall be played nor shall any singing be practised in any maisonette or the garden or grounds thereof so as to cause annoyance to the owners lessees or occupiers of any other flat between the hour's of eleven p.m. and seven a.m.

3. No washing clothes or other articles shall be hung or exposed on the outside of any flat or from any windows thereof or in the front garden thereof and no rags mats or carpets shall be beaten or shaken from out of any windows

4. No bird dog or other animal shall be kept in any flat if the same shall or may in the opinion of the Lessor cause annoyance to the Lessors owners or occupiers of any other flat

5. At all times to take reasonable and proper precautions to prevent any damage blockage bursting and overflowing of any drains pipes and tanks

6. All floors of the flat (but not including the kitchen and bathroom are to be covered with carpet felt or other material effectively to deaden noise and rubber insulators are to be placed under all pianofortes gramophones wireless or mechanical or other musical instruments or other effective means taken to deaden sound or noise

7. Not to place any building or other erection within any part of the garden of the Demised Premises

8. These regulations or any of them may be reviewed cancelled amended extended and altered by other reasonable regulations made by the Lessor from time to time and such new or amended regulations shall be binding upon every lessee as soon as the same shall be communicated to him
 

SIGNED SEALED AND DELIVERED

By the said [name]

In the presence of: [name]

 

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