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Home Information
Pack
Apartment 404 Islington Gates 4 Fleet Street Birmingham B3 1JH
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Contents
Index
Energy Performance Certificate
Consumer Redress
Sale Statement
Title Documents
Local Searches
Water & Drainage
Lease Documents
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Index
Home Information Pack Index
Insert address of property to be sold below and include postcode
Address and Postcode Apartment 404 Islington Gates 4 Fleet Street Birmingham B3 1JH
About this form: • Under the Home Information Pack (No. 2) Regulations 2007, you must include an index which lists all the documents included in your Home Information Pack. • You may use this form as an index. Required documents need to be included in all cases where relevant: authorised documents do not. Please seek professional advice if you are unsure about what to include in your Home Information Pack. • All the documents in your Home Information Pack must be listed in the index, whether or not they are required or authorised. • Where a document required by the Regulations is unavailable or unobtainable, the index should indicate that a required document is missing, which document it is and the reason why. • Where the document exists and can be obtained, the index should indicate the steps being taken to obtain it and the date by which you expect to obtain the document, updating this date if it changes. It should also indicate the reason for a delay or any likely delay. • The index to your Home Information Pack should be updated whenever the Pack is updated or a Pack document is added or removed. • Someone can complete this form on behalf of a seller. • The Regulations tell you what documents are required to go in the Home Information Pack, and which documents are authorised to be included. Documents that are neither required or authorised should not be included in the Pack and advertising material should not be included. Guidance on the Regulations is available at www.communities.gov.uk/housing/buyingselling/homeinformation/publicationsabout
Page 1 of 6 PART 1 – General – Required Documents
Please look at each document listed in column 1 and then complete the relevant entry in either column 2 or column 3
Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 date on document and any property: further information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 1. Index
2. Property Information This HIP was commissioned before a PIQ Questionnaire was required. 3a. Energy Performance 09/04/09 Certificate and Recommendation Report – or: 3b. Predicted Energy Assessment 4. Sustainability Information (New Homes only) 5. Sale statement
Title information
6. Official copy of the 09/04/09 individual register (for registered properties only) 7. Official copy of the title 09/04/09 plan (for registered properties only) 8. Certificate of official search of the index map (for unregistered properties only) 9. Documents provided by seller to prove title (for unregistered properties only)
Page 2 of 6 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 date on document and any property: further information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 10. Leases, tenancies or licences for dwellings in a sub-divided building that are being marketed as a single property and where part of the property is being sold with vacant possession Search reports 11. Local land charges 14/04/09
12. Local enquiries 14/04/09
13. Drainage and water 09/04/09 enquiries
Part 2 – Commonhold properties – Required Documents
Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 with date and any further property: information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 1. Land Registry individual register and title plan for common parts 2. Land Registry copy of commonhold community statement
Page 3 of 6 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 with date and any further property: information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 3. Management rules and regulations outside the commonhold community statement 4. Requests for payment towards commonhold assessment for the past 12 months 5. Requests for payment towards reserve fund for the past 12 months 6. Requests for payment towards insurance for common parts for the past 12 months (if separate to commonhold assessment or reserve fund) 7. Name and address of managing agents and/or other manager (current and any proposed)
8. Amendments proposed to the commonhold community statement, and other rules 9. Summary of works affecting the commonhold (current and any proposed)
Page 4 of 6 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 with date and any further property: information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 10. Where the commonhold interest has not been registered at the Land Registry: the proposed commonhold community statement and an estimate of costs expected of the unit-holder in the first 12 months
Part 3 – Leasehold properties – Required Documents
Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document 7 with date and any further property: information • Confirmation that proof of the request for the document is included (for documents required within 28 days of marketing) • reason why not included; • steps being taken to obtain it; • date when it is expected to be obtained; • any reason for further delay and further date by which the document is expected. 1. The lease, being either: • an “official” copy • the original lease or a true copy of it; or • an edited information document
Page 5 of 6 PART 4 – Authorised Documents
Home Information Pack document Included 7 date on document and any further information Please list any authorised documents that have been included relevant to this property below: 1.
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Page 6 of 6
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Energy Performance Certificate
Energy Performance Certificate
Apartment 404 Islington Gates, Dwelling type: Mid-floor flat 4, Fleet Street, Date of assessment: 08 April 2009 BIRMINGHAM, B3 1JH Date of certificate: 09 April 2009 Reference number: 0788-6093-6214-6401-4010 Total floor area: 50 m² This home's performance is rated in terms of the energy use per square metre of floor area, energy efficiency based on fuel costs and environmental impact based on carbon dioxide (CO 2) emissions.
Energy Efficiency Rating Environmental Impact (CO2) Rating
Current Potential Current Potential
Very energy efficient - lower running costs Very environmentally friendly - lower CO2 emissions
(92 plus) (92 plus)
(81-91) (81-91)
(69-80) (69-80)
(55-68) (55-68)
(39-54) (39-54)
(21-38) (21-38)
(1-20) (1-20)
Not energy efficient - higher running costs Not environmentally friendly - higher CO2 emissions EU Directive EU Directive England & Wales 2002/91/EC England & Wales 2002/91/EC The energy efficiency rating is a measure of the The environmental impact rating is a measure of this overall efficiency of a home. The higher the rating the home’s impact on the environment in terms of more energy efficient the home is and the lower the Carbon dioxide (CO2) emissions. The higher the fuel bills are likely to be. rating the less impact it has on the environment.
Estimated energy use, carbon dioxide (CO2) emissions and fuel costs of this home
Current Potential Energy use 220 kWh/m² per year 218 kWh/m² per year Carbon dioxide emissions 1.7 tonnes per year 1.6 tonnes per year Lighting £51 per year £28 per year Heating £172 per year £101 per year Hot water £104 per year £104 per year
Based on standardised assumptions about occupancy, heating patterns and geographical location, the above table provides an indication of how much it will cost to provide lighting, heating and hot water to this home. The fuel costs only take into account the cost of fuel and not any associated service, maintenance or safety inspection. This certificate has been provided for comparative purposes only and enables one home to be compared with another. Always check the date the certificate was issued, because fuel prices can increase over time and energy saving recommendations will evolve.
To see how this home can achieve its potential rating please see the recommended measures.
The address and energy rating of the dwelling in this EPC may be given to EST to provide information on financial help for improving its energy performance.
For advice on how to take action and to find out about offers available to make your home more energy efficient, call 0800 512 012 or visit www.energysavingtrust.org.uk/myhome
Page 1 of 5 Apartment 404 Islington Gates, 4, Fleet Street, BIRMINGHAM, B3 1JH Energy Performance Certificate 09 April 2009 RRN: 0788-6093-6214-6401-4010 About this document
The Energy Performance Certificate for this dwelling was produced following an energy assessment undertaken by a qualified assessor, accredited by Elmhurst Energy Systems Ltd, to a scheme authorised by the Government. This certificate was produced using the RdSAP 2005 assessment methodology and has been produced under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 as amended. A copy of the certificate has been lodged on a national register.
Assessor’s accreditation number: EES/002297 Assessor’s name: Mr. Jonathan Daly Company name/trading name: Jonathan Daly Address: 12 Wake Green Road, Birmingham, Moseley, West Midlands, B13 9EZ Phone number: 07985 696182 Fax number: E-mail address: [email protected] Related party disclosure: If you have a complaint or wish to confirm that the certificate is genuine Details of the assessor and the relevant accreditation scheme are as above. You can get contact details of the accreditation scheme from their website at www.elmhurstenergy.co.uk together with details of their procedures for confirming authenticity of a certificate and for making a complaint.
About the building’s performance ratings The ratings on the certificate provide a measure of the building's overall energy efficiency and its environmental impact, calculated in accordance with a national methodology that takes into account factors such as insulation, heating and hot water systems, ventilation and fuels used. The average Energy Efficiency Rating for a dwelling in England and Wales is band E (rating 46).
Not all buildings are used in the same way, so energy ratings use 'standard occupancy' assumptions which may be different from the specific way you use your home. Different methods of calculation are used for homes and for other buildings. Details can be found at www.communities.gov.uk/epbd.
Buildings that are more energy efficient use less energy, save money and help protect the environment. A building with a rating of 100 would cost almost nothing to heat and light and would cause almost no carbon emissions. The potential ratings on the certificate describe how close this building could get to 100 if all the cost effective recommended improvements were implemented.
About the impact of buildings on the environment One of the biggest contributors to global warming is carbon dioxide. The way we use energy in buildings causes emissions of carbon. The energy we use for heating, lighting and power in homes produces over a quarter of the UK's carbon dioxide emissions and other buildings produce a further one-sixth. The average household causes about 6 tonnes of carbon dioxide every year. Adopting the recommendations in this report can reduce emissions and protect the environment. You could reduce emissions even more by switching to renewable energy sources. In addition there are many simple everyday measures that will save money, improve comfort and reduce the impact on the environment. Some examples are given at the end of this report.
Visit the Government's website at www.communities.gov.uk/epbd to: • Find how to confirm the authenticity of an energy performance certificate • Find how to make a complaint about a certificate or the assessor who produced it • Learn more about the national register where this certificate has been lodged • Learn more about energy efficiency and reducing energy consumption
Software Version: EES SAP 2005.017.01, January 2009, BRE SAP Worksheet 9.82, BRE SAP Worksheet 9.82 Page 2 of 5 Recommended measures to improve this home’s energy performance
Apartment 404 Islington Gates, Date of certificate: 09 April 2009 4, Fleet Street, Reference number: 0788-6093-6214-6401-4010 BIRMINGHAM, B3 1JH
Summary of this home’s energy performance related features
The following is an assessment of the key individual elements that have an impact on this home’s performance rating. Each element is assessed against the following scale: Very poor / Poor / Average / Good / Very good.
Current performance Elements Description Energy Efficiency Environmental
Walls Cavity wall, as built, insulated (assumed) Good Good Roof (another dwelling above) - - Floor (other premises below) - - Windows Fully double glazed Good Good Main heating Room heaters, electric Very poor Poor Main heating controls Appliance thermostats Good Good Secondary heating None - - Hot water Electric immersion, off-peak Average Poor Lighting Low energy lighting in 20% of fixed outlets Poor Poor Current energy efficiency rating C 76
Current environmental impact (CO2) rating C 77
Low and zero carbon energy sources
None
Elmhurst Energy Systems Limited Registered Office Unit 16, St Johns Business Park, Lutterworth, Leicestershire LE17 4HB Page 3 of 5 Apartment 404 Islington Gates, 4, Fleet Street, BIRMINGHAM, B3 1JH Recommendations 09 April 2009 RRN: 0788-6093-6214-6401-4010
Recommendations The measures below are cost effective. The performance ratings after improvement listed below are cumulative, that is they assume the improvements have been installed in the order that they appear in the table.
Typical savings Performance ratings after improvement Lower cost measures (up to £500) per year Energy efficiency Environmental impact
1 Low energy lighting for all fixed outlets £16 C 77 C 77
Sub-total £16
Higher cost measures (over £500)
2 Fan-assisted storage heaters £76 B 84 C 77
Total £92
Potential energy efficiency rating B 84
Potential environmental impact (CO2) rating C 77
Further measures to achieve even higher standards
None
Improvements to the energy efficiency and environmental impact ratings will usually be in step with each other. However, they can sometimes diverge because reduced energy costs are not always accompanied by a reduction in carbon dioxide (CO2) emissions.
Elmhurst Energy Systems Limited Registered Office Unit 16, St Johns Business Park, Lutterworth, Leicestershire LE17 4HB Page 4 of 5 Apartment 404 Islington Gates, 4, Fleet Street, BIRMINGHAM, B3 1JH Recommendations 09 April 2009 RRN: 0788-6093-6214-6401-4010
About the cost effective measures to improve this home’s energy ratings
If you are a tenant, before undertaking any work you should check the terms of your lease and obtain approval from your landlord if the lease either requires it, or makes no express provision for such work. Lower cost measures (typically up to £500 each) These measures are relatively inexpensive to install and are worth tackling first. Some of them may be installed as DIY projects. DIY is not always straightforward, and sometimes there are health and safety risks, so take advice before carrying out DIY improvements. 1 Low energy lighting Replacement of traditional light bulbs with energy saving recommended ones will reduce lighting costs over the lifetime of the bulb, and they last up to 12 times longer than ordinary light bulbs. Also consider selecting low energy light fittings when redecorating; contact the Lighting Association for your nearest stockist of Domestic Energy Efficient Lighting Scheme fittings.
Higher cost measures (typically over £500 each) 2 Fan assisted storage heaters Modern storage heaters are much less expensive to run than the direct acting, on-peak heating system in the property. A dual-rate electricity supply is required to provide the off-peak electricity that these heaters use; this is easily obtained by contacting the energy supplier. Ask for a quotation for fan-assisted heaters with automatic charge control. As installations should be in accordance with the national wiring standards, only a qualified electrician should carry out the installation. Building Regulations apply to this work, so Building Control should be informed, unless the installer is registered with a competent persons schemeą, and can therefore self-certify the work for Building Regulation compliance. Ask a qualified electrical heating engineer to explain the options, which might also include switching to other forms of electric heating.
About the further measures to achieve even higher standards
Not applicable
What can I do today?
Actions that will save money and reduce the impact of your home on the environment include: • Ensure that you understand the dwelling and how its energy systems are intended to work so as to obtain the maximum benefit in terms of reducing energy use and CO2 emissions. • Check that your heating system thermostat is not set too high (in a home, 21°C in the living room is suggested) and use the timer to ensure you only heat the building when necessary. • Make sure your hot water is not too hot - a cylinder thermostat need not normally be higher than 60°C. • Turn off lights when not needed and do not leave appliances on standby. Remember not to leave chargers (e.g. for mobile phones) turned on when you are not using them. • Close your curtains at night to reduce heat escaping through the windows. • If you’re not filling up the washing machine, tumble dryer or dishwasher, use the half-load or economy programme.
¹ For information on approved competent persons schemes enter "existing competent person schemes" into an internet search engine or contact your local Energy Saving Trust advice centre on 0800 512 012. Elmhurst Energy Systems Limited Registered Office Unit 16, St Johns Business Park, Lutterworth, Leicestershire LE17 4HB Page 5 of 5
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Consumer Redress
CONSUMER REDRESS
Consumer Direct provides a single portal service for consumers interested in redress for any features of the home buying and selling process - including specific Home Information Pack concerns.
Consumer Direct is a telephone and online consumer advice service, supported by the Office of Fair Trading. Their advisers are trained in all aspects of consumer rights, which enables them to offer clear, practical, impartial advice and courses of action that consumers can rely on.
Advisers will provide information and advice on the current redress schemes in place for the home buying and selling process and direct consumers to the relevant organisation.
Please note that Consumer Direct do not intervene directly in consumer matters, such as taking action against a trader. Complaints recorded on their database are allegations on the part of the complainant. They do not ask for the trader's version of events, nor is it within the scope of the Consumer Direct service to verify the accuracy and truthfulness of the complaints as presented by consumers.
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Sale Statement
Sale Statement
Insert address of property to be sold below and include postcode.
Address and Postcode or Plot number Apartment 404 Islington Gates 4 Fleet Street Birmingham B3 1JH
About this form: • Under the Home Information Pack (No.2) Regulations 2007, you must provide the following information in your Home Information Pack and may use this form to do so. • Someone else can complete this form on behalf of a seller. • If the property has not yet been completed or converted, please answer the questions as if the property has been completed or converted. • Please answer all questions by checking the relevant box and adding any further information asked for. Where alternatives are offered, please indicate which one (or more) applies.
Seller’s check of this form • Someone else can complete this form on behalf of a seller, but since a buyer and mortgage lender might rely on the information in this form, it is important that the seller checks the answers to ensure that they are truthful and accurate.
Statement 1. Is the property a flat or a house? Flat (incl. maisonette) or House (incl. bungalow) 2. If it is a flat, what type of building is it in? Purpose built block Converted house or Conversion of commercial premises 3. The property is (or will be): Freehold Commonhold Leasehold starting (or likely to start) from 27 February 2004 and with 120 years left on the lease 4. The title to the interest in the property The whole of a registered estate being sold is: Part of a registered estate The whole of an unregistered estate Part of an unregistered estate
5. Name(s) of seller JATINDER SINGH
Page 1 of 2 120
Statement 6. The capacity of the seller The owner or owners A representative with the necessary authority to sell the property for an owner who has died A representative with the necessary authority to sell the property for a living owner (for example with a power of attorney) Other (please give details):
7. The property is being sold: With vacant possession Section 171((2) of the Housing Act 2004 applies and part to the property is not being sold with vacant possession. Explanation of circumstances as follows: …………………………………………….
Page 2 of 2
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Title Documents
The electronic official copy of the register follows this message.
Please note that this is the only official copy we will issue. We will not issue a paper official copy. Title number WM831024 Edition date 10.12.2008
– This official copy shows the entries on the register of title on 09 Apr 2009 at 11:55:31. – This date must be quoted as the "search from date" in any official search application based on this copy. – The date at the beginning of an entry is the date on which the entry was made in the register. – Issued on 09 Apr 2009. – Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. – For information about the register of title see Land Registry website www.landregistry.gov.uk or Land Registry Public Guide 1-A guide to the information we keep and how you can obtain it. – This title is dealt with by Land Registry Coventry Office.
A: Property Register This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land. WEST MIDLANDS : BIRMINGHAM 1 (04.06.2004) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being Apartment 404, Islington Gates, 4 Fleet Street, Birmingham (B3 1JH).
NOTE: Only the Second floor is included in the title. 2 (04.06.2004) Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : 27 February 2004 Term : 27 February 2004 expiring on 24 June 2128 Parties : (1) MCD (Fleet) LLP (2) Islington Gates Management Company Limited (3) Permjeet Saini 3 (04.06.2004) There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease. 4 (04.06.2004) The lessor's title is registered. 5 Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
1 of 3 Title number WM831024 B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (29.03.2005) PROPRIETOR: JATINDER SINGH of 6 Harvestfield Way, Sutton Coldfield, W Midlands B75 5RB. 2 (29.03.2005) The price stated to have been paid on 16 February 2005 was £120,000. 3 (29.03.2005) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 16 February 2005 in favour of BANK OF SCOTLAND PLC referred to in the Charges Register. 4 (13.05.2008) RESTRICTION: Under a restraint order made under The Proceeds of Crime Act 2002 on 9 December 2005 , no disposition by the proprietor of the registered estate is to be registered without the consent of Revenue and Customs Prosecution Office of Asset Forfeiture Unit Revenue and Customs Prosecutions Office 2nd Floor, New King's Beam House, 22 Upper Ground, London SE1 9PJ or under a further order of the Court.
C: Charges Register This register contains any charges and other matters that affect the land. 1 (04.06.2004) The land in this title is subject to the following rights reserved by a Conveyance of the freehold estate thereof with other land dated 22 January 1964 made between (1) The Public Trustee (Vendor) and (2) Hoods Limited (Company):-
"There are excepted out of the Conveyance hereby effected and reserved unto the Vendor and his assigns first such right to lateral subjacent or other support by or from the said land for any buildings now standing or which may hereafter be erected on any adjoining or neighbouring land of the Vendor as he would be entitled to if such adjoining or neighbouring land were the property of a stranger.
SECONDLY full right and liberty for the Vendor and his lessees and tenants at any time or times hereafter to build or rebuild or alter or permit or suffer to be built or rebuilt or altered any buildings or erections upon any other land belonging to the Vendor according to such plans and to such height extent or otherwise and in such manner as the Vendor shall think fit without obtaining any consent from or making any compensation to the Company notwithstanding that such buildings as so built rebuilt or altered may obstruct any lights windows or other openings in or on the said land or any buildings now or hereafter to be erected thereon.
THIRDLY the right and liberty to pull down alter or otherwise deal with or permit or suffer to be pulled down altered or otherwise dealt with any buildings or erections now or at any time hereafter standing upon any other land of the Vendor and to make or suffer to be made any excavation in any such other land and to undermine underpin and shore up the said land or any part thereof in such manner as he may think fit with full right and liberty to enter into and upon the said land for the purpose of such undermining underpinning or shoring up or for any of such purposes as aforesaid without obtaining any such consent as aforesaid the Vendor or his lessees or tenants (as the case may be) however compensating the Company for any loss or damage that may be caused to the said land or any buildings now or hereafter standing thereon by reason of or resulting from any such pulling down alterations undermining or underpinning Provided Always that the Vendor shall be liable as aforesaid only for damage or injury arising from the acts or defaults of himself his contractors or servants and shall not be liable for any damage or injury arising from the acts or defaults of his lessees or tenants or any other person or persons and
FOURTHLY the free and uninterrupted passage and running of water and soil from the other buildings and lands of the Vendor and his and their lessees
2 of 3 Title number WM831024 C: Charges Register continued or tenants adjoining or near to the said land through the sewers drains and watercourses which now are or may hereafter be in or under the said land."
NOTE: The land edged brown referred to includes the land in this title. 2 (04.06.2004) By a Deed dated 1 February 2002 made between (1) Birmingham City Council (2) British Waterways Board and (3) MCD (Fleet) Limited Libility Partnership the rights referred to in Schedule 1 thereto were expressed to be released.
NOTE: Copy filed. 3 (04.06.2004) The land is subject to such restrictive covenants as may have been imposed thereon before 18 April 2002 and are still subsisting and capable of being enforced. 4 (29.03.2005) REGISTERED CHARGE dated 16 February 2005. 5 Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No. SC327000) of Private Banking, Unit 2210 The Crescent, Solihull Parkway, Birmingham Business Park, Birmingham B37 7YE.
End of register
3 of 3 These are the notes referred to on the following official copy
The electronic official copy of the title plan follows this message.
Please note that this is the only official copy we will issue. We will not issue a paper official copy.
This official copy was delivered electronically and when printed will not be to scale. You can obtain a paper official copy by ordering one from Land Registry.
This official copy is issued on 09 April 2009 shows the state of this title plan on 09 April 2009 at 11:55:31. It is admissible in evidence to the same extent as the original (s.67 Land Registration Act 2002). This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan may not match measurements between the same points on the ground. See Land Registry Public Guide 19 - Title Plans and Boundaries.
This title is dealt with by the Land Registry, Coventry Office .
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Local Searches
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
STANDARD ENQUIRIES OF
LOCAL AUTHORITY (2007 EDITION)
Search No.: 20090414/15996
LOCAL LAND CHARGES REGISTRY
PO BOX 28
ALPHA TOWER SIGNED SUFFOLK STREET QUEENSWAY
BIRMINGHAM B1 1TU On Behalf of: BIRMINGHAM CITY DX: 715472 BIRMINGHAM 41 COUNCIL
Dated: 14/04/09
Other roadways, footways and
footpaths in respect of which a reply at
Property: Enquiry 2 is required:
Apartment 404 Islington Gates,4 Fleet
Street
:
Electoral Ward: Ladywood
To ensure compliance with Schedule 6, Part 1, 1(b) of the HIP Regulations please Fee of £0 are enclosed. supply the following details, where Enclosure Type: FD applicable: Dated: 09/04/2009
Reference: 20106198 Vendor: Tel No: 0115 962 7269 Estate. Agents:
HIP Provider: Solicitor / Conveyancer:
Your personal data – name and address – will be handled strictly in accordance with the requirements of the Data Protection Act. We require it to pass on to the Please reply to: relevant authority(ies) in order to carry out the necessary searches Severn Trent Retail Services Email to:- [email protected]
Page 1 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Official Certificate of Search
Land Charges
Land Charge Part 1 – General financial charges No Entries
Land Charge Part 2 – Specific financial charges No Entries
Land Charge Part 3 – Planning Charges See attached sheet.
Land Charge Part 4 – Miscellaneous charges See attached sheet.
Land Charge Part 5 – Fenland ways maintenance charges No Entries
Land Charge Part 6 – Land compensation charges No Entries
Land Charge Part 7 – New towns charges No Entries
Land Charge Part 8 – Civil aviation charges No Entries
Land Charge Part 9 – Opencast coal charges No Entries
Land Charge Part 10 – Listed Building charges No Entries
Land Charge Part 11 – Light obstruction notices No Entries
Land Charge Part 12 – Drainage scheme charges No Entries
It is hereby certified that the search requested above reveals the 11 registrations described in SIGNED the Schedule hereto up to and including the …………………………………………………. date of this certificate. DATED 15/04/09
Copies of the above charges can be obtained by writing to: Local Land Charges, PO Box 28, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TU.
Page 2 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
CON29 Part I
Standard Enquiries of Local Authority – (2007 Edition) 3.6. Traffic Schemes 1. PLANNING AND BUILDING REGULATIONS Has a local authority approved but not yet implemented, any of the following for the 1.1 Planning and Building Regulation Decisions and Pending roads, footways and footpaths (named in Box B) which abut the boundaries of the Applications property: which of the following relating to the property have been granted, issued (a) permanent stopping up or diversion (b) waiting or loading restrictions or refused or ( where applicable) are the subject of pending applications: - (a) planning permissions (c) one way driving (b) listed building consents (d) prohibition of driving (c) conservation area consents (e) pedestrianisation (d) certificates of lawfulness of existing use or development (f) vehicle width or weight restriction (e) certificates of lawfulness of proposed use or development (g) traffic calming works including road humps (h) residents parking controls (f) building regulation approvals (g) building regulation completion certificates (i) minor road widening or improvement (h )any building regulations certificate or notice issued in respect of work (j) pedestrian crossings carried out under a competent person self-certification scheme (k) cycle tracks 1.2 Planning Designations and Proposals (l) bridge building What designations of land use for the property or the area, and what 3.7. Outstanding Notices specific proposals for the property, are contained in any existing or Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in a response to any other enquiry in this proposed development plan? schedule:- 2. ROADS (a) building works, Which of the roads, footways, and footpaths named in the application for (b) environmental this search ( via boxes B and C) are: - (c) health and safety (a) highways maintainable at public expense; (d) housing (b) subject to adoption and, supported by a bond or bond waiver; (e) highways; or (c) to be made up by a local authority who will reclaim the cost from the (f) public health frontages; or 3.8. Contravention of Building Regulations (d) to be adopted by a local authority without reclaiming cost from the has a local authority authorized in relation to the property any proceedings for the frontages ? contravention of any provision contained in Building Regulations? Apart from matters entered on the registers of Local Land 3.9. Notices, Orders, Directions and Proceedings under Planning Acts Charges, do any of the following matters apply to the Do any of the following subsist in relating to the property, or has a local authority property decided to issue, serve, make or commence any of the following 3. OTHER MATTERS (a) an enforcement notice 3.1 Land required for Public Purposes (b) a stop notice Is the property included in land required for public purposes? (c) a listed building enforcement notice 3.2 Land to be acquired for Road Works (d) a breach of condition notice Is the property included in land required for road works? (e) a planning contravention notice 3.3. Drainage Agreements and Consents (f) another notice relating to breach of planning control Do either of the following exist in relation to the property - (g) a listed building repairs notice (a) An agreement to drain buildings in combination into an existing sewer (h) in the case of a listed building deliberately allowed to fall into disrepair, a by means of a private sewer; or compulsory purchase order with a direction for minimum compensation; (b) An agreement or consent for (i) a building or (ii) extension to a building (i) a building preservation notice on the property to be built over, or in the vicinity of a drain, sewer or (j) a direction restricting permitted development disposal main. (k) an order revoking or modifying a planning permission 3.4. Nearby Road Schemes (l) an order requiring discontinuance of use or alterations or removal of building or Is the property ( or will it be ) within 200 metres of any of the following:- works; (a) the centre line of a new trunk road or special road specified in any (m) tree preservation order or order, draft order or scheme (n) proceedings to enforce a planning agreement or planning contribution (b) the centre line of a proposed alteration or improvement to an existing 3.10. Conservation Area road, involving the construction of a subway, underpass, flyover, (a) the making of the area a Conservation Area before 31st August 1974 ; or footbridge, elevated road or dual carriageway. (b)an unimplemented resolution to designate the area a Conservation Area. (c) the outer limits of construction works for a proposed alteration or 3.11. Compulsory Purchase improvement to an existing road, involving (i) the construction of a Has any enforceable order or decision been made to compulsory purchase or roundabout (other than a mini roundabout) or (ii) widening by the acquire the property? construction of one or more additional traffic lanes. 3.12. Contaminated Land (d) the outer limits of (i) construction of an new road to be built by local Do any of the following apply ( including any relating to land adjacent to or authority (ii) an approved alteration or improvement to an existing road adjoining the property which has been identified as contaminated land involving the construction of a subway, underpass, flyover, footbridge, because it is in such a condition that harm or pollution of controlled waters elevated road or dual carriageway:- or (iii)construction a roundabout (other might be caused on the property) than a mini roundabout) or widening by the construction of one or more (a) a contaminated land notice; additional traffic lanes; (b) in relation to register maintained under section 78R of the Environmental (e) the centre line of the possible route of a new road under proposals protection Act 1990:- published for public consultation; or (i) a decision to make an entry; or (f) the outer limits of (i) construction of a possible alteration or (ii) an entry; or improvement to an existing road involving the construction of a subway, (c) Consultation with the owner or occupier of the property conducted under underpass, flyover, footbridge, elevated road or dual carriageway; (ii) s.78G(3) of the Environmental protection Act 1990 before the service of a construction of a roundabout (other than a mini roundabout) or (iii) remediation notice? widening by the construction of one or more additional traffic lanes, under 3.13. Radon Gas proposals published for public consultation Do records indicate that the property is in a “ Radon Affected Area” as identified by 3.5. Nearby Railway Schemes the Health Protection Agency? Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail.
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3.4 (a) No (b) No (c) No PLANNING AND BUILDING (d) No REGULATIONS (e) No (f) No 1.1 (a) See attached sheet. (b) See Attached Sheet 3.5 No (c) See Attached Sheet (d) See Attached Sheet 3.6 (a) NO - (In some circumstances, road (e) See Attached Sheet closure orders can be obtained by third (f) NONE parties, from magistrates courts or can be (g) None made by the Secretary of State for Transport (h) Birmingham City Councils property without involving the Council). database does not presently interface (b) No with the various Competent Person (c) No scheme suppliers. Certification for work (d) No is issued to the homeowner on (e) No completion of work and duplicates if (f) No required can be obtained from the (g) No relevant provider (h) No (i) No 1.2 Jewellery Quarter Urban Village (j) No Framework - however, see attached sheet, (k) No titled Statutory Development Plan For (l) No Birmingham If further written information or plans are ROADS required for any responses to questions 2, 3.2, 3.4 and 3.6 please request from 2 (a) Highways Information Section, Fleet Street only is highway maintainable at Transportation Development, the public expense 1 Lancaster Circus Queensway, (The council cannot express an opinion Birmingham, B4 7DQ whether or not any existing or proposed enclosing a cheque made payable to highway directly abuts the boundary of Birmingham City Council for £41.00 the property). (b) None 3.7 (a) No (c) None (b) No (d) None (c) No (d) No (e) No OTHER MATTERS (f) No If one of the following matters is shown as a Local Land Charge it will not be repeated here 3.8 No
3.1 No 3.9 (a) No (b) No 3.2 No (c) No (d) No 3.3 (a) The City Council has no information (e) No to answer this enquiry. (f) No (g) No (b) The City Council has no information (h) No to answer this enquiry. (i) No
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(j) No ( cheques made payable to Birmingham (k) No City Council ) and results in a full colour (l) No bound report. (m) No The Contaminated Land Team can also (n) No be contacted on 0121 303 9956 / 7 or e - mail 3.10 (a) No [email protected] (b) No The Environmental Services Department is planning to extend this search facility 3.11 No to include other environmental Copies of any of the documents information in the future. disclosed at question 3.7, 3.9, 3.10 & 3.11 can be obtained by writing to : Local Land Charges, 3.13 The Environmental and Consumer PO Box 28, Alpha Tower, Services Department has undertaken Suffolk Street Queensway, monitoring in 1990 at 70 locations within the Birmingham B1 1TU. City of Birmingham for Radon Gas. All monitoring results were well within the 3.12 (a) NONE, the answer given to this recommended levels and therefore there is question relates solely to the definition of no evidence that City of Birmingham is contaminated land in Section 57 of the affected by Radon Gas Environmental Protection Act 1995 and therefore does not imply that the land is free from contamination.
(b i) No (b ii) No SIGNED (c) NO ………………………………………………….
The Environmental Services Department, DATED 15/04/09 581 Tyburn Road, Birmingham B24 9RF holds records on closed landfill sites and authorised processes ( processes authorised under Part 1 of the Environmental Act 1990). A search facility is available by post to the above address at a charge of £36.40
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Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Form LLC1
Copies of Land Charges Copies of land charges can be obtained by writing to: Local Land Charges, PO Box 28, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TU.
Question 1.1 ( a,b,c,d.)
Copies of Planning Applications Copies of planning application decision documents can be obtained by writing to Chief Planning Officer, PO Box 28, Alpha Tower, Suffolk Street Queensway, Birmingham. B1 1TU Or Online at www.birmingham.gov.uk/planningapplications
Question 1.1 ( e,f.)
Building Regulation Enquiries
Please Note Building Regulations application activity is only recorded since March 1990. We have no records relating to Building Regulation activity prior to this date.
Clarification of Codes ( if applicable) APP = Full Building Regulation Approval BN = Prefix indicates a Building Notice. This is no more than a notification of intent to build and as such does not receive 'Approval'. Compliance is achieved through site supervision only resulting where satisfactory in the issue of a Completion Certificate. CAP = Conditional Approval (usually minor items or items that can be cleared during the construction of the building). REJ = Formal Rejection which will usually result in the submission of an amended application (References with an A… suffix). IN = Prefix indicates an Initial Notice. This means that the work in question was supervised by Private Sector Building Control and not Birmingham City Council. In these instances copy documents will need to be obtained direct from the relevant building control provider.
Construction status – Completion Certificates The presence of a ‘completion’ relates to the issue of a Completion Certificate for the constructed building. This confirms that the structure has been inspected and complied with the building regulations in force at the time. Please Note that Completion Certificates were not formally introduced by the Government until 1992.
Specific Building Regulation enquiries should be directed to the Business Support Unit on 0121 675 7006 or [email protected]
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Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
THE STATUTORY DEVELOPMENT PLAN FOR BIRMINGHAM
1. In September 2004, a new planning system came into effect, and this has changed the definition of the development plan, as well as the way that plans are prepared. The statutory development plan for Birmingham currently comprises:
o The Regional Spatial Strategy for the West Midlands (RPG11) – June 2004
o The Birmingham Unitary Development Plan 2005 – October 2005
These are the main planning policy documents that the City Council’s Planning Committee refers to when making decisions on planning applications. As and when new Development Plan Documents (DPDs) are adopted (see 2 below), they will also become part of the statutory development plan. Information about the Birmingham Unitary Development Plan (UDP) 2005 is set out below (see 3 - 5). The Regional Spatial Strategy (RSS) contains broad strategic policies for the West Midlands Region as a whole and does not allocate specific sites for development. The RSS is available on the website of the West Midlands Regional Assembly (WMRA) (www.wmra.gov.uk).
BIRMINGHAM LOCAL DEVELOPMENT FRAMEWORK (LDF)
2. Under the new planning system, the City Council is required to maintain a Local Development Framework (LDF), which is a “folder” containing a range of different types of planning policy document. At present, the LDF contains the Birmingham Unitary Development Plan 2005 (see 3 – 5 below for details) and several adopted Supplementary Planning Documents (SPDS). Further Local Development Documents - will be added to the LDF as and when they are adopted. There are two types of Local Development Document that may affect particular properties. Development Plan Documents (DPDs) are statutory plans and may allocate sites or land for development. Once adopted, DPDs will become part of the statutory development plan for Birmingham (see 1 above). Supplementary Planning Documents (SPDs) may not allocate land, but may provide more detailed guidance in support of policies in either the UDP or an adopted DPD. Before proceeding with the purchase or lease of a property, it is advisable to check whether any Local Development Documents might affect the property, or your future plans for it. Details of all of the Local Development Documents that the City Council have adopted or will prepare during the next three years are set out in the Local Development Scheme (LDS) for Birmingham, which is available on the City Council’s website (www.birmingham.gov.uk/lds). A copy of the LDS is also available for public inspection during normal office hours on Mondays to Fridays at:
Reception Desk 9th Floor Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
As and when they are published, adopted and draft Local Development Documents will also be made available on the City Council’s website.
BIRMINGHAM UNITARY DEVELOPMENT PLAN (UDP) 2005
3. The Birmingham Unitary Development Plan (UDP) was adopted by Birmingham City Council on 11 October 2005. It is part of the statutory development plan for Birmingham
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(see 1 above) and is also part of the Local Development Framework (LDF) for Birmingham (see 2 above).
4. The Birmingham Unitary Development Plan 2005 is available on the City Council’s website (www.birmingham.gov.uk/udp) and for public inspection during normal office hours on Mondays to Fridays at:
Reception Desk 9th Floor Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
5. If there are specific proposals in the UDP that may affect the property, this will show up in your search (see 1.2 ). The UDP also includes policy guidance on a range of issues, and you should be aware that this could affect your future plans for the property, if you are purchasing it with a view to changing its use or redeveloping it. If this is the case, it is advisable to check with the City Council before proceeding (Telephone: 0121 – 303 4041/ 3430).
SUPPLEMENTARY PLANNING GUIDANCE (SPG)
6. The City Council has adopted Supplementary Planning Guidance (SPG) on various subjects, and for various areas within the City, which support the policies in the UDP. Some relate to particular areas, and others provide general guidance on particular subjects, such as design guidance. These policies may affect the property, or your future plans for the property. All Supplementary Planning Guidance policies currently in use are listed in the Local Development Scheme (LDS) for Birmingham, which is available on the City Council’s website (www.birmingham.gov.uk/lds) and for public inspection during normal office hours on Mondays to Fridays at:
Reception Desk 9th Floor Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
7. Most SPG policies are themselves available on the City Council’s website in the document library (www.birmingham.gov.uk/documentlibrary). Copies of these documents may also be obtained from the City Council’s Planning Enquiry Centre 0121 – 303 1115.
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Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Conservation Areas & Listed Buildings A guide for owners and occupiers
Contents
Listed Buildings Conservation Areas Carrying out work to your property Birmingham’s Conservation Areas Contact us
Birmingham is a city of contrasts, particularly in its built environment, which includes a wealth of architectural and building styles from all periods of history. The city has over 1,800 buildings listed for their architectural or historic interest, which vary enormously in character and age, but all contribute to our unique heritage. More buildings are being listed each year. This guide aims to help us all work together to preserve and enhance our heritage, for all of Birmingham's people, for today and for the future. Most of the information in this booklet is also available on our web pages, along with the latest information on conservation areas. Please visit our website at www.birmingham.gov.uk/buildingconservation
Listed Buildings
Birmingham's listed buildings range from the 12th century Church of St. Laurence in Northfield to the Rotunda, which opened in 1965, and from cast iron Victorian public urinals to Aston Hall, one of the country’s great Jacobean houses. Most Birmingham buildings built before 1840 that survive in anything like their original condition are listed. From 1840-1914, only buildings of special quality and character are listed - Victoria House in Victoria Square, once the city’s general post office, is a well known example. The Barber Institute at the University of Birmingham is one of the city’s few inter-war buildings to have been listed and 17 pre-fabricated bungalows in Hall Green, built as temporary accommodation in 1947, have been listed for their historic and architectural interest.
Why have listed buildings?
Listed buildings and structures are part of Birmingham’s heritage and a sign of continuity from one age to the next. They help create a more interesting and attractive city for people who live, work and visit here. Listing a building under the Planning (Listed Buildings and Conservation Areas) Act 1990 gives it legal protection from demolition or unsuitable or inappropriate alterations which would destroy historic features or affect its character - so that it can be preserved for future generations to enjoy. Birmingham City Council has approved policies to further safeguard listed buildings, which are set out in the Birmingham Plan (the Unitary Development Plan for Birmingham) and the Conservation Strategy, “Regeneration Through Conservation” (which forms supplementary planning guidance to the Birmingham Plan).
Who decides whether a building should be listed?
A listed building is a building or structure considered by the Secretary of State for Culture, Media and Sport to be of special architectural or historic interest. Several factors will influence this decision, including the age or rarity of the building, technological innovation, architectural or historic associations. The council also keeps a "Local List" of properties that it considers important to protect but which are not listed by the Secretary of State.
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Listed Buildings are graded to show their importance:
Grade I buildings of exceptional quality (1.3 per cent of all listed buildings in Birmingham, including Birmingham Town Hall and Aston Hall) Grade II* particularly important buildings (4.7 per cent, including the Old Crown pub in Deritend and the Council House) Grade II the majority of the buildings listed as being of special interest (94 per cent) When a building is listed, it affects both the inside and outside of that building, together with any outhouses, walls or other structures that were built before 1 July 1948 within the curtilage or grounds, of the listed building.
How can I find out if a particular property is listed?
The council’s Conservation Team can provide details of all listed buildings in Birmingham for a small fee. They will also be listed on the council’s web site from early 2003. As an owner/occupier of a listed building, what role do I play? Anyone who is an owner/occupier of a listed building is not just responsible for bricks and mortar - they are a guardian of part of the city's heritage. Most owners and occupiers are proud of their building’s listed status. Very often, the reason they have chosen the building is because of its unique character and history. As well as there being a legal obligation to maintain the building in a satisfactory condition, we all want to respect the history of the city’s buildings and leave them in the best possible state so that they can be enjoyed by future generations. What happens if a listed building is neglected and falls into disrepair? If a listed building does fall into disrepair, the council has powers to carry out whatever repairs are necessary and to recover the costs from the owner. As a last resort, the council could compulsorily purchase the property to protect it from neglect. In almost all cases, however, the situation is resolved by talking to the owners and by giving the advice and information needed to help them take proper care of their building.
Did you know? There are 25 Grade One listed buildings in Birmingham
Can any changes be made to a listed building?
Listing does not mean that changes cannot be made, but it is important that any changes made to a building through repairs, maintenance or alterations are in keeping with its age and design. Care should be taken to match original materials and building methods and to avoid damaging features of historic or architectural value.
VERY IMPORTANT! Permission must be applied for BEFORE making any internal or external alterations to a listed building which would affect its character. Please read carefully the section on getting permission.
What is the local list?
This is a schedule of buildings which have not been listed by the Secretary of State for Culture, Media and Sport but are considered by the council to be an important part of the city's heritage. Locally listed buildings are graded A, B or C and are put on the list because of their architectural, historical or archaeological interest.
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Buildings classified as Grade A will be referred to the Secretary of State for Culture, Media and Sport recommending statutory listing if they are threatened with demolition or unsympathetic alterations. As with all listed buildings, if your property is on the local list you should make sure that any work you plan to carry out preserves any features of historic or architectural interest and is in keeping with the character of the original building and its setting. You can contact the Conservation Team for details of all locally listed properties.
CONSERVATION AREAS
In some areas of the city, it is not just individual buildings that need to be preserved and protected from unsympathetic alterations or demolition. These areas are known as conservation areas, and there are 27 of them in Birmingham. Each reflects the city's rich and diverse heritage in its own way but they have one thing in common: they contain buildings and structures which provide a wonderful historical and architectural legacy. By acquiring conservation area status, this legacy is safeguarded for future generations. The city’s conservation areas range from the Jewellery Quarter, which contains Europe’s largest and best surviving group of Victorian and early 20th century buildings devoted to the manufacture of jewellery and similar small goods, to Bournville Village, which dates from the late 19th century and is internationally acclaimed for the high standards of housing and open spaces it provided for Cadbury's factory workers.
How does a conservation area achieve this status?
While the council is ultimately responsible for deciding whether an area should be given conservation area status, the decision is only taken after extensive research and consultation with people living and owning property in the area. It is in all our interests to ensure that the appearance of conservation areas is preserved or enhanced, and planning legislation and council policy is in place to help this process. You can find more information on these policies in the council’s Birmingham Plan and "Regeneration Through Conservation". The aim is to protect significant buildings and to ensure that any new developments maintain and improve conservation areas’ special character.
How does the council protect conservation areas?
To help us all preserve our conservation areas, there are a number of powers available to the council under planning law. These allow us to: • control new development or redevelopment • control demolition of existing buildings and other structures • protect trees growing in the area, both on public and private land • control advertisements and hoardings • carry out urgent work necessary to preserve any vacant unlisted building that has fallen into serious disrepair and to recover costs from the owner • give extra protection to conservation areas by applying an Article 4(2) Direction. This means that even minor alterations, such as building a porch, replacing windows or re-roofing could require planning permission in these areas. Occasionally, an Article 4(1) Direction is applied; this gives even stronger protection, but requires Government approval before it is introduced. Article 4 Directions have been introduced in a number of conservation areas in the city and others may be introduced. Residents will be notified when this happens but if you want to make alterations to your property, please check before any work is carried out.
What if my property is in a conservation area?
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Most people welcome the fact that their property is in a conservation area. Very often the reason they have chosen to live in such an area is because of its unique character and history, which the council is taking special care to protect. Homeowners and residents have a valuable role to play by ensuring that any changes made to properties through repairs, maintenance or alterations are in keeping with the character of the buildings and the area. Care should be taken to match original materials and methods of construction and to avoid damaging features of historical or architectural value.
CARRYING OUT WORK TO YOUR PROPERTY
Council conservation officers can advise householders and their builders about the most appropriate construction methods and materials to be used in repairing and maintaining their properties. For example, they can recommend the types of brick or roofing materials that are in keeping with the property and the area. Owner/occupiers need to avoid making unsympathetic alterations, for example replacing original windows with uPVC windows or windows of a different design, removing chimneys or changing the original roofing materials, which may not just spoil the appearance of the conservation area but may also significantly reduce the property’s resale value. Independent studies show that houses which retain their original features will usually sell for more than those which have been unsympathetically modernised.
Getting permission to make changes
Before starting any work, it is recommended that you check with the council whether any special approvals or permissions are required. This can save you wasting both time and money. Planning permission and building regulations approval may be needed for some alterations and other permissions may also be required when a property is listed or in a conservation area. For example Conservation Area Consent may be needed before you can carry out demolition work and, as most trees in conservation areas are protected, special permission will be needed to carry out any work on them. Listed building consent will be needed for any work affecting the character of a listed building. This could include work to the inside as well as the outside and may include relatively minor alterations or redecoration, for example, painting of outside walls which have not previously been painted.
Did you know? It is a criminal offence to cut, lop, uproot, or otherwise wilfully damage or chop down any tree in a conservation area without permission. Fines of up to £20,000 can be imposed on those responsible.
Generally, listed building consent will be required before you start on: • any demolition work, including chimneys, internal and external walls or other buildings or walls within the grounds of the property • any extensions to the building • any other alterations such as a new roof, replacement windows, or new gutters and drainpipes, if materials or designs are different from the original. We cannot stress enough how important it is to get permission first. To be sure, please contact the council well in advance of starting work so that we can advise you on the permissions you will need and provide the relevant forms and guidance. Please note: in some areas (for example Bournville or the Calthorpe Estate, Edgbaston), the estate manager's permission may also be needed. The estate manager should be contacted to find out whether permission is needed and how to apply. It can be a criminal offence to carry out work on listed buildings or properties in conservation areas without permission and the council can prosecute if work is carried out illegally. As well as prosecuting an owner for carrying out works without permission, the council can issue an enforcement notice which means that the owner must restore the building to its original condition.
Financial assistance for repair work on listed buildings and in conservation areas
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Grants may be available to subsidise the cost of repairs necessary to preserve and protect buildings in some areas. You can contact the council's conservation officers to find out if repairs to your property will be eligible for grant support. If your property does qualify, do not start the work until the grant has been approved.
Did you know? The maximum sentence on conviction in a Magistrates Court for carrying out work on listed buildings or properties in conservation areas without permission is up to six months imprisonment, a fine of up to £20,000 or both. If convicted in the Crown Court, the maximum sentence is two years or an unlimited fine.
The Conservation Team
The Planning Service’s Conservation Team can provide specialist advice and guidance on all conservation matters including conservation areas, listed buildings, locally listed buildings, scheduled ancient monuments and other sites of archaeological importance in Birmingham.
Further information
We would encourage everyone to take an interest in preserving and improving their property, both for themselves and the overall good of the city. To find out more about the council's Planning Service, its approach to conservation or to obtain plans of the conservation areas, copies of the The Birmingham Plan and “Regeneration Through Conservation” - or a range of other leaflets and documents which contain advice and information for customers - please contact us. There may be a charge for some of these documents or you can look at reference copies at the Reception Desk, 9th Floor, Alpha Tower.
Birmingham’s Conservation Areas
Date of designation Ryland Road, Edgbaston 13 March 1969 Northfield Old Village 17 July 1969 Kings Norton 17 July 1969 Old Yardley (covered by Article 4(1) Direction) 17 July 1969 Harborne Old Village 17 July 1969 Moor Pool, Harborne 30 July 1970 Bournville Village (covered by Article 4(2) Direction) 17 June 1971 Bournville Tenants 17 July 1971 Colmore Row and Environs 7 October 1971 Aston Hall and Church 7 October 1971 High Street, Sutton Coldfield (part covered by Article 4(2) Direction) 28 November 1973 Lee Crescent 6 June 1974 Edgbaston (part covered by Article 4(2) Direction) 4 September 1975 Lozells and Soho Hill 19 July 1979 Jewellery Quarter* 10 January 1980 Moseley 17 March 1983 Four Oaks 10 July 1986 St Agnes’, Moseley 25 June 1987 Warwick Bar, Digbeth 25 June 1987 St Augustine’s, Edgbaston 18 February 1988 Barnsley Road, Edgbaston 19 May 1988 School Road, Hall Green 17 November 1988 Ideal Village, Bordesley Green
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(covered by Article 4(2) Direction) 18 October 1990 Anchorage Road, Sutton Coldfield 15 October 1992 Steelhouse, City Centre 4 October 1993 Austin Village (covered by Article 4(2) Direction) 17 July 1997 Digbeth, Deritend and Bordesley High Streets 31 May 2000
* The Jewellery Quarter Conservation Area was enlarged and redesignated to incorporate the former conservation areas of St Paul’s Square, Hockley and Key Hill, Hockley, on 27 September 2000.
Plans of each Conservation Area are available from the Conservation Team for a small charge.
Contact us:
For a copy of this brochure in large print, another language or other alternative format, please contact us. We aim to supply within 10 working days. Telephone: 0121 303 1115 Minicom: 0121 303 3992
Where to find us: Planning Service Conservation Team, Development Directorate, Birmingham City Council, Alpha Tower, Suffolk Street Queensway, Birmingham B1 1TU. www.birmingham.gov.uk/buildingconservation
Telephone: Conservation enquiries and grants: 0121 303 1115 Archaeological enquiries: 0121 303 3161 Planning enquiries: 0121 303 1115 Building Regulation enquiries: 0121 303 3652 Tree enquiries: 0121 303 1115 Fax: 0121 303 4838 Minicom: 0121 303 3992 E-mail: [email protected]
Opening Hours: Monday-Thursday: 8.45am - 5.15pm. Friday 8.45am - 4.15pm
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REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 4th November 2005 under the Town and Country Planning Act 1990 for the following:-
10 FLEET STREET, CITY - UNIT 2, B3 1JH.
Change of use of ground floor unit to class B1(a) (offices, not within Use Class A2 Financial and Professional Services) or A1 (retail) and A3 (restaurant and cafes)
Subject to conditions:-
C/04880/05/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 4th November 2005
Registering Authority BIRMINGHAM CITY COUNCIL
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REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 23rd December 2004 under the Town and Country Planning Act 1990 for the following:-
18 FLEET STREET, UNIT 3, CITY, B1 3JT.
New shop front for restaurant and installation of plant on the roof
Subject to conditions:-
C/06973/04/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 23rd December 2004
Registering Authority BIRMINGHAM CITY COUNCIL
Page 16 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 4 Miscellaneous Charge
Schedule to Official Certificate of Search
Description of Charge
City of Birmingham Smoke Control Revocation (No.1) Order, 1987 dated 21st September, 1987 and City of Birmingham Smoke Control Consolidation (No.2) Order, 1987 dated 6th November, 1987, whereby all existing Smoke Control Orders were revoked and the whole of the area of The City of Birmingham was declared to be a Smoke Control Area pursuant to Section 11 of the Clean Air Act, 1956.
Effective date 1st July, 1988
Originating Authority BIRMINGHAM CITY COUNCIL
LOCAL LAND CHARGES REGISTRY Department of Planning Place where relevant PO Box 28 documents may be inspected Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 1-1-88
Registering Authority BIRMINGHAM CITY COUNCIL
Page 17 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
ISLINGTON GATE, FLEET STREET, CITY
P.A.4251/97 Satellite dish on roof – Invalid application (10.11.97)
P.A.1314/01 Erection of 135 apartments, three A1/A3 retail units, formation of new public open space and footbridge – Approved conditionally (23.1.02)
Planning Application Number - C/03479/02/FUL Address - Fleet Street,City Description - Change of use from 4 no. residential apartments to offices/reception area Received Date - 3/7/2002 Applicant - Midland & City Developments,Newater House,Newhall Street,Birmingham,,B3 3NY Agent - Midland & City Developments,Newater House,Newhall Street,Birmingham,,B3 3NY Application Decision - (Approve - Conditions) Decision Date - 13/8/2002 Officer - Ron Moss
Planning Application Number - C/06653/02/FUL Address - Block C, Fleet Street,City Description - Subdivision of units C1, C2, C17, C18, C33, C34, C39 to form a net additional 7 apartments. Received Date - 23/12/2002 Applicant - Midland & City Developments,Newater House,Newhall Street,Birmingham,,B3 3NY Agent - Midland & City Developments,Newater House,Newhall Street,Birmingham,,B3 3NY Application Decision - (Approve - Conditions) Decision Date - 12/2/2003 Officer - Ron Moss
Planning Application Number – C/06973/04/FUL Address – 18 Fleet Street, Unit 3 Description – New shop front for restaurant and installation of plant on the roof Received Date – 25/10/2004 Applicant – Earlsnote Limited Agent – Mode 2 Architects Application Decision (Approve – Conditions) Decision Date – 23/12/2004 Officer – Mark Connellan
Planning Application Number – C/02599/05/FUL Address – 10 Fleet Street, Unit 2 Description – Part change of use of premises to allow for use of premises to include its use as a B1 office as well as or as A1/A3 premises Applicant – Midland and City Developments Agent – Will Adams Application Decision (Invalid Application) Decision Date – 10/05/2005 Officer – Mark Connellan
Page 18 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Planning Application Number – C/04880/05/FUL Address – 10 Fleet Street, Unit 2 Description – Change of use of ground floor unit to class B1(a) (offices, not within Use Class A2 Financial and Professiional Services) or A1 (retail) and A3 (restaurant and cafes) Applicant – Midland and City Developments Agent – Midland and City Developments Application Decision (Approved conditionally) Decision Date – 04/11/2005 Officer – Rebecca Chappell
Planning Application Number – C/03390/06/FUL Address – 110 Newhall Street, Islington Gates Description – Installation of 3 no. air conditioning condenser units to roof of premises Applicant – Tom Castleman, Apartment 901, Islington Gates, 110 Newhall Street, Birmingham, B3 1JN Agent – Tom Castleman, Apartment 901, Islington Gates, 110 Newhall Street, Birmingham, B3 1JN Application Decision (Approved conditionally) Decision Date – 22/09/2006 Officer – Charlotte Abbott
Planning Application Number – C/06882/06/FUL Address – 10 Fleet Street, Islington Gates, Unit 2 Description – Installation of new shopfronts to retail unit Applicant – Grade One Project Management, 35 St. Paul’s Square, Birmingham, B3 1QX Agent – Will Adams, MCD, 35 St. Paul’s Square, Birmingham, B3 1QX Application Decision (Approved conditionally) Decision Date – 11/12/2007 Officer – Charlotte Abbott
Planning Application Number – C/01676/07/FUL Address – 10 Fleet Street, Units 1 and 2 Description – Installation of exterior doors, windows, canopy, two CCTV cameras and two downlights for new office unit Applicant – Ryon Investments Limited, Cornwall Buildings, 45 Newhall Street, Birmingham, B3 3QR Agent – Savills, Caxton House, 1 Fore Street, Birmingham, B2 5ER Application Decision (Approved conditionally) Decision Date – 25/05/2007 Officer – Neal Allcock
Planning Application Number - C/00392/03/ADV Address - 63 Summer Row,City Centre Description - Display of 20mx 10m shroud advertisement to SE and SW elevation at 2nd 3rd 4th and 5th storey level Received Date - 24/1/2003 Applicant - Mega Profile Ltd,35 Percy Street,London,,,W1T 2DQ Agent - Mega Profile Ltd,35 Percy Street,London,,,W1T 2DQ Application Decision - (Withdrawn) Decision Date - 20/3/2003 Officer - Rob Wells
Planning Application Number - C/02776/03/ADV Address - Fleet Street/Summer Row,Islington Gates Description - Display of large format banner advert on Summer Row elevation. Received Date - 13/5/2003 Applicant - Hollywood Signs Ltd,Westwood Avenue,Cole Valley Business Park,Tyseley,Birmingham,B11 3RF
Page 19 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Agent - Hollywood Signs Ltd,Westwood Avenue,Cole Valley Business Park,Tyseley,Birmingham,B11 3RF Application Decision - (Approve Temporary) Decision Date - 3/7/2003 Officer - Rob Wells
BUILDING REGULATIONS
FP/C/7345/06 Installation of shopfronts to existing vacant retail unit (Unit 2, Islington Gates) – FULL APPROVAL (16.01.2007)
FP/C/3978/07 Internal fitting out of shell space to form 2nd floor office units - FULL APPROVAL (10.07.2007)
Page 20 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
Local Land Charges
Re: Limestone Information
Messrs. Ove Arrup completed a commission on behalf of the Department of the Environment to survey and report on limestone workings within the Black Country area several years ago.
I am advised that the survey found no evidence of any limestone workings within the City of Birmingham and indeed the nearest workings were approximately one mile outside the northern boundary of the City.
I am not aware of any other source of comprehensive information about limestone workings or other mineral workings in the City of Birmingham other than the Department of the Environment report.
S.J.Gosling Land Charges Manager
Tel: 0121 303 4839
Local Land Charges E-Mail: [email protected] www.birmingham.gov.uk/landcharges
Page 21 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule to Official Certificate of Search
Description of Charge
Designation of the Jewellery Quarter Conservation Area No. 17 originally made on the 13th February, 1980, under the Town and Country Planning Act, 1971/1974 (jointly with Birmingham District Council and West Midlands County Council). Conservation Area extended on 27th September 2000, now including the former Key Hill Conservation Area and St Paul’s Square Conservation Area.
(58585)
Originating Authority BIRMINGHAM CITY COUNCIL
Place where relevant documents may be inspected LOCAL LAND CHARGES REGISTRY
Date of Registration 26.02.80
Registering Authority BIRMINGHAM CITY COUNCIL
Page 22 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule to Official Certificate of Search
Description of Charge
Covenants contained in an Agreement made on 27th December, 2001 under Section 106 of the Town and Country Planning Act, 1990, and all other enabling powers between (1) Birmingham City Council, (2) British Waterways Board, and (3) MCD (Fleet) LLP, regarding the development of the said land.
(100193)
In respect of: Land at Fleet Street, Birmingham.
Originating Authority BIRMINGHAM CITY COUNCIL
Place where relevant LOCAL LAND CHARGES REGISTRY documents may by inspected
Date of Registration 06-02-02
Registering Authority BIRMINGHAM CITY COUNCIL
Page 23 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 3rd July 2008 under the Town and Country Planning Act 1990 for the following:-
FLEET STREET, BLUU BAR BRASSERIE BASEMENT, ISLINGTON GATES, BIRMINGHAM, B3 1JH.
Installation of glazed canopy over external deck
Subject to conditions:-
C/02682/08/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 3rd July 2008
Registering Authority BIRMINGHAM CITY COUNCIL
Page 24 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 11th December 2007 under the Town and Country Planning Act 1990 for the following:-
10 FLEET STREET, UNIT 2, BIRMINGHAM, B3 1JH.
Installation of new shopfronts to retail unit
Subject to conditions:-
C/06882/06/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 11th December 2007
Registering Authority BIRMINGHAM CITY COUNCIL
Page 25 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 20th November 2007 under the Town and Country Planning Act 1990 for the following:-
FLEET STREET, BLOCK A ISLINGTON GATES, CITY, BIRMINGHAM,
Display of two internally illuminated projecting signs, one fascia sign, three awnings and one internally illuminated menu box
Subject to conditions:-
C/04134/07/ADV
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 20th November 2007
Registering Authority BIRMINGHAM CITY COUNCIL
Page 26 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 27th September 2007 under the Town and Country Planning Act 1990 for the following:-
4-6 FLEET STREET, CITY, BIRMINGHAM - ISLINGTON GATES, B3 1JH.
Installation of shop fronts to all elevations and formation of external ground floor deck to canal
Subject to conditions:-
C/03042/07/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration
Registering Authority BIRMINGHAM CITY COUNCIL
Page 27 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 25th May 2007 under the Town and Country Planning Act 1990 for the following:-
10 FLEET STREET, UNITS 1 & 2, BIRMINGHAM, B3 1JL.
Installation of exterior doors, windows, canopy, two CCTV cameras and two downlights for new office units
Subject to conditions:-
C/01676/07/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 25th May 2007
Registering Authority BIRMINGHAM CITY COUNCIL
Page 28 of 29
Birmingham City Council Property: Apartment 404 Islington Gates,4 Fleet Street Official Number: 20090414/15996
REGISTER OF LOCAL LAND CHARGES
PART 3 Planning Charges
Schedule of Official Certificate of Search
Description of Charge
Permission dated 22nd September 2006 under the Town and Country Planning Act 1990 for the following:-
110 NEWHALL STREET, ISLINGTON GATES, BIRMINGHAM, B3 1JN.
Installation of 3 no. air conditioning condenser units to roof of premises
Subject to conditions:-
C/03390/06/FUL
BIRMINGHAM CITY COUNCIL
Originating Authority
Place where relevant Documents may be inspected LOCAL LAND CHARGES PO Box 28 Alpha Tower Suffolk Street Queensway Birmingham B1 1TU
Date of Registration 22nd September 2006
Registering Authority BIRMINGHAM CITY COUNCIL
Page 29 of 29
Professional Property Marketing Services www.TheColdWar.biz
Water & Drainage
The Cold War 12 Wake Green Road Order Date: Thursday, 9 April 2009 Moseley Order No: 20106198 Birmingham Customer Ref: 404 islington B13 9EZ Severn Trent Searches has carried out enquiries into the following property, in line with its published terms of sale upon request from The Cold War
APARTMENT 404 ISLINGTON GATES 4 FLEET STREET BIRMINGHAM B3 1JH
In response to the enquiry for drainage and water information, this search report was prepared following examination of either the following original records or summary records derived from the original: the Map of Public Sewers, the Map of Waterworks, Water and Sewer Billing Records, Adoption of Public Sewer Records, Building Over Public Sewer Records, the Register of Properties subject to Internal Foul Flooding, the Register of Properties subject to Poor Water Pressure and the Drinking Water Register. Should the property not fall entirely within the Severn Trent Water Region, a copy of the records held by South Staffordshire Water of other relevant Water Company will be searched also. Severn Trent Searches is responsible for the accuracy of the information contained within the search report.
Question 1
Interpretation of Drainage and Water Enquiry. Appendix 1 of this report contains definitions of terms and expressions identified in Part 1 of Schedule 8 of Statutory Instrument 2007 No 1667 known as the Home Information Pack (No.2) Regulations 2007 (the "Regulations").
Question 2
Enquiries and Responses. The Search Report on the above property was completed on 14 Apr, 2009 by Rebecca Whitt, a technician employed by Severn Trent Searches and complies with the requirements of the Regulations in relation to Drainage and Water Enquiries. In the event of any queries about the preparation of this search report, enquiries should be directed to:
Or the Customer Service Manager, Severn Trent Searches at the address below.
Severn Trent Searches has put in place procedures to ensure that customers receive support in the event of any complaint. Our formal Complaints Procedure is set out in Appendix 2.
The address for all correspondence is:
Severn Trent Searches or Severn Trent Searches PO Box 6187 DX 723860 Nottingham Nottingham 43 NG5 1LE Tel: 0115 962 7269 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
ORDER SUMMARY
To help understand the implications of the Drainage and Water Enquiries Report which has been prepared in accordance with Schedule 8 of the Home Information Pack Regulations, a summary guide to the content of the full report is provided below. This guide should be read in the context of and with reference to the full report and associated guidance notes.
The following 3 classifications have been used to highlight whether or not the response to a particular question is something that would normally be expected or otherwise. The classifications are intended purely as a guide to assist in the understanding of the HIPS Report and do not imply that the property is fit to purchase or otherwise and this decision will rest with the prospective purchaser and their professional advisers.
ü This response represents the typical situation for a residential property.
? The attention of the purchaser is drawn to this response. The purchaser may wish to make further investigations into this situation.
û This response represents an uncommon situation for a residential property and the purchaser should carefully consider its implications. ORDER SUMMARY 14 April 2009 APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question Answer 3 Where relevant, please include a copy of an extract from the public sewer map. Map Provided ü 4 Does foul water from the property drain to a public sewer? Yes ü 5 Does surface water from the property drain to a public sewer? Yes ü 6 Are any sewers or lateral drains serving, or which are proposed to serve the property, the No ü subject of an existing adoption agreement or an application for such an agreement? 7 Does the public sewer map indicate any public sewer, disposal main or lateral drain No ü within the boundaries of the property? 8 Does the public sewer map indicate any public foul sewer within 30.48 metres (100 feet) Yes ü of any buildings within the property? 9 Has a Sewerage Undertaker approved or been consulted about any plans to erect a No ü building or extension on the property over or in the vicinity of a public sewer, disposal main or drain? 10 Where relevant, please include a copy of an extract from the map of waterworks. Map Provided ü 11 Is any water main or service pipe serving, or which is proposed to serve the property, the No ü subject of an existing adoption agreement or an application for such an agreement? 12 Who are the Sewerage and Water Undertakers for the area? See Answer ü 13 Is the property connected to mains water supply? Yes ü 14 Are there any water mains, resource mains or discharge pipes within the boundaries of No ü the property? 15 What is the current basis for charging for sewerage and water services at the property? Measured ü 16 Will the basis for charging for sewerage and water services at the property change as a No ü consequence of a change of occupation? 17 Is a surface water drainage charge payable? Yes ü 18 Please include details of the location of any water meter serving the property. See Details ü 19 Who bills the property for sewerage services? See Details ü 20 Who bills the property for water services? See Details ü 21 Is the dwelling-house which is or forms part of the property at risk of internal flooding due No ü to overloaded public sewers? 22 Is the property at risk of receiving low water pressure or flow? No ü 23 Please include details of a water quality analysis made by the Water Undertaker for the Pass ü water supply zone in respect of the most recent calendar year. 24 Please include details of any departures, authorised by the Secretary of State under N/A ü Part 6 of the 2000 Regulations, from the provisions of Part 3 of those Regulations; or for Wales please include details of any departures, authorised by the Welsh Ministers under Part 6 of the 2001 Regulations, from the provisions of Part 3 of those Regulations. 25 Please confirm the distance from the property to the nearest boundary of the nearest See Details ü sewage treatment works. Severn Trent Water Limited, Waterworks Road, Edgbaston, Birmingham B16 9DD Date of Issue: 14 April 2009 Telephone: 0121 452 3306
SEWER RECORD APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
1. Do not scale off drawing: This plan is furnished as a general guide and no warranty as to its correctness is given or implied. This plan must not be relied upon in the event of excavations or other works in the vicinity of the company's assets. 2. The material contained in this drawing has been based upon the Ordnance Survey Map by SEVERN TRENT WATER Ltd. by permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. © Crown Copyright - SEVERN TRENT WATER Ltd. - WU298522 3. Document users other than SEVERN TRENT WATER business users are advised that this document is provided for reference purpose only and no further copies should be made from it. Severn Trent Water Limited, Waterworks Road, Edgbaston, Birmingham B16 9DD Date of Issue: 14 April 2009 Telephone: 0121 452 3306
WATER RECORD APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
1. Do not scale off drawing: This plan is furnished as a general guide and no warranty as to its correctness is given or implied. This plan must not be relied upon in the event of excavations or other works in the vicinity of the company's assets. 2. The material contained in this drawing has been based upon the Ordnance Survey Map by SEVERN TRENT WATER Ltd. by permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office. © Crown Copyright - SEVERN TRENT WATER Ltd. - WU298522 3. Document users other than SEVERN TRENT WATER business users are advised that this document is provided for reference purpose only and no further copies should be made from it. Severn Trent Water Limited, Waterworks Road, Edgbaston, Birmingham B16 9DD Telephone: 0121 452 3306
MAP KEYS
Severn Trent Sewer Record
Severn Trent Water Record
For a detailed glossary of the above terminology please visit, http://www.severntrentsearches.com/glossary Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 3 Q3
Where relevant, please include a copy of an extract from the public sewer map. ü Map Provided A copy of an extract from the public sewer map is included in which the location of the property is identified.
Pipes that are shown on the public sewer map as sewers, disposal mains or lateral drains are defined as those for which a Sewerage Undertaker holds statutory responsibility under the Water Industry Act 1991. A Sewerage Undertaker is not generally responsible for rivers, watercourses, ponds, culverts or highway drains. If any of these are shown on the copy extract they are shown for information only. Sewers or lateral drains indicated on the extract of the public sewer map as being subject to an agreement under Section 104 of the Water Industry Act 1991 are not an 'as constructed' record. It is recommended that these details are checked with the developer, if any. Assets other than public sewers, disposal mains or lateral drains may be shown on the copy extract, for information.
Question 4 Q4
Does foul water from the property drain to a public sewer? ü Records indicate that foul water from the property drains to a public sewer. Yes
The connection status of the property is based on information held on the billing records by the responsible water company. Sewerage Undertakers are not responsible for any private drains and private sewers that connect the property to the public sewerage system, and do not hold details of these. The property owner will normally have sole responsibility for private drains serving the property and may have shared responsibility with other users, if the property is served by a private sewer which also serves other properties. These may pass through land outside of the control of the seller and the buyer may wish to investigate whether separate rights or easements are needed for their inspection, repair or renewal. An extract from the public sewer map is enclosed. This will show known public sewers and lateral drains in the vicinity of the property and it should be possible to estimate the likely length and route of any private drains and/or private sewers connecting the property to the public sewerage system.
Question 5 Q5
Does surface water from the property drain to a public sewer? ü Records indicate that surface water from the property does drain to a public sewer. Yes
The connection status of the property is based on information held on the billing records by the responsible water company. Sewerage Undertakers are not responsible for private drains and private sewers that connect the property to the public sewerage system and do not hold details of these. The property owner will normally have sole responsibility for private drains serving the property and may have shared responsibility, with other users, if the property is served by a private sewer which also serves other properties. These may pass through land outside of the control of the seller and the buyer may wish to investigate whether separate rights or easements are needed for their inspection, repair or renewal. In some cases, Sewerage Undertaker records do not distinguish between foul and surface water connections to the public sewerage system. If on inspection the buyer finds that the property is not connected for surface water drainage, the property may be eligible for a rebate of the surface water drainage charge. Details can be obtained from Severn Trent Water. An extract from the public sewer map is enclosed. This will show known public sewers and lateral drains in the vicinity of the property and it should be possible to estimate the likely length and route of any private drains and/or private sewers connecting the property to the public sewerage system.
Page 7 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 6 Q6
Are any sewers or lateral drains serving, or which are proposed to serve the property, the subject of an existing adoption agreement or an application for ü such an agreement? No
The property is part of an established development and is not subject to an adoption agreement.
Adoption of certain private sewers close to the property may be possible under Section 102 of the Water Industry Act 1991. Please consult Severn Trent Water.
Question 7 Q7
Does the public sewer map indicate any public sewer, disposal main or lateral drain within the boundaries of the property? ü No The public sewer map indicates that there are no public sewers, disposal mains or lateral drains within the boundaries of the property. However, it has not always been a requirement for such public sewers, disposal mains or lateral drains to be recorded on the public sewer map. It is therefore possible for unidentified sewers, disposal mains or lateral drains to exist within the boundaries of the property.
The approximate boundary of the property has been determined by reference to the Ordnance Survey record. The presence of a public sewer, disposal main or lateral drain running within the boundary of the property may restrict further development. The Sewerage Undertaker has a statutory right of access to carry out work on its assets, subject to notice. This may result in employees of the Company or its contractors needing to enter the property to carry out work.
Question 8 Q8
Does the public sewer map indicate any public foul sewer within 30.48 metres (100 feet) of any buildings within the property? ü Yes The public sewer map included indicates that there is a public foul sewer within 30.48 metres (100 feet) of a building within the property.
The presence of a public foul sewer within 30.48 metres (100 feet) of the building(s) within the property can result in the Local Authority requiring a property to be connected to the public foul sewer. The measure is estimated from the Ordnance Survey record, between the building(s) within the boundary of the property and the nearest public foul sewer.
Page 8 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 9 Q9
Has a Sewerage Undertaker approved or been consulted about any plans to erect a building or extension on the property over or in the vicinity of a public ü sewer, disposal main or drain? No
There are no records in relation to any approval or consultation about plans to erect a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain. However, the Sewerage Undertaker might not be aware of a building or extension on the property over or in the vicinity of a public sewer, disposal main or drain.
Buildings or extensions erected over a public sewer, disposal main or lateral drain in contravention of building controls or which conflict with the provisions of the Water Industry Act 1991 may have to be removed or altered.
Question 10 Q10
Where relevant, please include a copy of an extract from the map of waterworks. ü Map Provided A copy of an extract from the map of waterworks is included in which the location of the property is identified.
Pipes that are shown on the map of waterworks as water mains, resource mains or discharge pipes are defined as those for which a Water Undertaker holds statutory responsibility under the Water Industry Act 1991. Assets other than water mains, resource mains or discharge pipes may be shown on the plan, for information only. Water Undertakers are not responsible for private water mains or private service pipes connecting the property to the public water main and do not hold details of these. These may pass through land outside of the control of the seller, or may be shared with adjacent properties. The buyer may wish to investigate whether separate rights or easements are needed for their inspection, repair or renewal. The extract of the map of waterworks shows water mains in the vicinity of the property. It should be possible to estimate the likely length and route of any private water supply pipe connecting the property to the public water network.
Question 11 Q11
Is any water main or service pipe serving, or which is proposed to serve the property, the subject of an existing adoption agreement or an application for ü such an agreement? No
Records confirm that water mains or service pipes serving the property are not the subject of an existing adoption agreement or an application for such an agreement.
Where the property is part of a very recent or ongoing development and the water mains and service pipes are not the subject of an adoption pplication, buyers should consult with the developer to confirm that the Water Undertaker will be asked to provide a water supply to the development or to ascertain the extent of any private water supply system for which they will hold maintenance and renewal liabilities.
Page 9 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 12 Q12
Who are the Sewerage and Water Undertakers for the area? ü The Sewerage Undertakers for the area are: See Answer
Severn Trent Water Sherbourne House St Martins Road Coventry CV3 6SD
Tel: 0845 7500 500 For Billing Enquiries only Tel: 0845 7090 646 For Metering Enquiries only Tel: 0115 962 7269 For Search Enquiries only http://www.stwater.co.uk
The Water Undertakers for the area are:
Severn Trent Water Sherbourne House St Martins Road Coventry CV3 6SD
Tel: 0845 7500 500 For Billing Enquiries only Tel: 0845 7090 646 For Metering Enquiries only Tel: 0115 962 7269 For Search Enquiries only http://www.stwater.co.uk
Question 13 Q13
Is the property connected to mains water supply? ü Records indicate that the property is connected to mains water supply. Yes
Page 10 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 14 Q14
Are there any water mains, resource mains or discharge pipes within the boundaries of the property? ü No The map of waterworks does not indicate any water mains, resource mains or discharge pipes within the boundaries of the property.
The approximate boundary of the property has been determined by reference to the Ordnance Survey record. The presence of a public water main, resource main or discharge pipe within the boundary of the property may restrict further development within it. Water Undertakers have a statutory right of access to carry out work on their assets, subject to notice. This may result in employees of the Company or its contractors needing to enter the property to carry out work.
Question 15 Q15
What is the current basis for charging for sewerage and water services at the property? ü Measured The charges are based on actual volumes of water measured through a water meter ('metered supply').
Water and Sewerage Companies full charges are set out in their charges schemes which are available from the Company free of charge upon request. The Company may install a meter at the premises where a buyer makes a change of use of the property or where the buyer uses water for watering the garden, other than by hand (this includes the use of sprinklers) or automatically replenishing a pond or swimming pool with a capacity greater than 10,000 litres.
Question 16 Q16
Will the basis for charging for sewerage and water services at the property change as a consequence of a change of occupation? ü No There will be no change in the current charging arrangements as a consequence of a change of occupation.
Water and Sewerage Companies full charges are set out in their charges schemes which are available from the Company free of charge upon request. The Company may install a meter at the premises where a buyer makes a change of use of the property or where the buyer uses water for watering the garden, other than by hand (this includes the use of sprinklers) or automatically replenishing a pond or swimming pool with a capacity greater than 10,000 litres.
Page 11 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 17 Q17
Is a surface water drainage charge payable? ü Records confirm that a surface water drainage charge is payable for the property of £28.10 Yes for the current financial year.
Where surface water charges are payable but upon inspection the property owner believes that surface water does not drain to the public sewerage system, application can be made to the Water Company to end surface water charges.
Question 18 Q18
Please include details of the location of any water meter serving the property. ü Records indicate that the property is served by a water meter, which is located within the See Details dwelling-house which is or forms part of the property, and in particular is located; "IN AIRING CUPBOARD - MD01 (FLAT)".
(Note: the meter location has been downloaded from the meter reader records and is provided as general guidance.)
For further information regarding the water meter serving this property please contact:
Severn Trent Water Sherbourne House St Martins Road Coventry CV3 6SD
Tel: 0845 7500 500 For Billing Enquiries only Tel: 0845 7090 646 For Metering Enquiries only Tel: 0115 962 7269 For Search Enquiries only http://www.stwater.co.uk
Page 12 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 19 Q19
Who bills the property for sewerage services? ü Severn Trent Water See Details Sherbourne House St Martins Road Coventry CV3 6SD
Tel: 0845 7500 500 For Billing Enquiries only Tel: 0845 7090 646 For Metering Enquiries only Tel: 0115 962 7269 For Search Enquiries only http://www.stwater.co.uk
If your property was built after April 1989 you will be paying for water services on a measured basis. Householders that opted, at their present address, for a meter before 1 April 1996 can revert to paying by rateable value provided that the property still has a valid rateable value. Householders that opted, at their present address, for a meter after 1 April 2000 can revert to paying by rateable value at any time prior to the twelve month anniversary of the meter having been installed or 30 days after receipt of a second measured bill, provided that the property still has a valid rateable value. Properties that have a swimming pool or use an automatic garden watering device (i.e. a hosepipe not held in the hand) must be metered. Household measured bills are sent half yearly. All non-households are required to be metered.
Question 20 Q20
Who bills the property for water services? ü Severn Trent Water See Details Sherbourne House St Martins Road Coventry CV3 6SD
Tel: 0845 7500 500 For Billing Enquiries only Tel: 0845 7090 646 For Metering Enquiries only Tel: 0115 962 7269 For Search Enquiries only http://www.stwater.co.uk
If your property was built after April 1989 you will be paying for water services on a measured basis. Householders that opted, at their present address, for a meter before 1 April 1996 can revert to paying by rateable value provided that the property still has a valid rateable value. Householders that opted, at their present address, for a meter after 1 April 2000 can revert to paying by rateable value at any time prior to the twelve month anniversary of the meter having been installed or 30 days after receipt of a second measured bill, provided that the property still has a valid rateable value. Properties that have a swimming pool or use an automatic garden watering device (i.e. a hosepipe not held in the hand) must be metered. Household measured bills are sent half yearly. All non-households are required to be metered.
Page 13 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 21 Q21
Is the dwelling-house which is or forms part of the property at risk of internal flooding due to overloaded public sewers? ü No The property is not recorded as being at risk of internal flooding due to overloaded public sewers.
A sewer is 'overloaded' when the flow from a storm is unable to pass through it due to a permanent problem (e.g. flat gradient, small diameter). Flooding as a result of temporary problems such as blockages, siltation, collapses and equipment or operational failures are excluded. 'Internal flooding' from public sewers is defined as flooding which enters a building or passes below a suspended floor. For reporting purposes, buildings are restricted to those normally occupied and used for residential, public, commercial, business or industrial purposes. 'At Risk' properties are those that the Sewerage Undertaker is required to include in the Regulatory Register that is reported annually to the Water Services Regulation Authority. These are defined as properties that have suffered or are likely to suffer internal flooding from public foul, combined or surface water sewers due to overloading of the sewerage system more frequently than the relevant reference period (either once or twice in ten years) as determined by the Sewerage Undertaker's reporting procedure. Flooding as a result of storm events proven to be exceptional and beyond the reference period of one in ten years are not included on the 'At Risk' register.
Question 22 Q22
Is the property at risk of receiving low water pressure or flow? ü Records confirm that the property is not recorded on a register kept by the Water Undertaker No as being at risk of receiving low water pressure or flow.
'Low water pressure' means water pressure below the regulatory reference level which is the minimum pressure when demand on the system is not abnormal. Water Undertakers are required to include in the Regulatory Register that is reported annually to the Water Services Regulation Authority properties receiving pressure below the reference level, provided that allowable exclusions do not apply (i.e. events which can cause pressure to temporarily fall below the reference level).Water Companies are required to include in the Regulatory Register that is reported annually to the Director General of Water Services properties receiving pressure below the reference level, provided that allowable exclusions do not apply (i.e. events which can cause pressure to temporarily fall below the reference level). The reference level of service is a flow of 9 litres/minute at a pressure of 10 metres head on the customer's side of the main stop tap (mst). The reference level of service must be applied on the customer's side of a meter or any other company fittings that are on the customer's side of the main stop tap. The reference level applies to a single property. Where more than one property is served by a common service pipe, the flow assumed in the reference level must be appropriately increased to take account of the total number of properties served. For two properties, a flow of 18 litres/minute at a pressure of 10 metres head on the customer's side of the mst is appropriate. For three or more properties the appropriate flow should be calculated from the standard loadings provided in BS6700 or Institute of Plumbing handbook.Allowable exclusions: The Company is required to include in the Regulatory Register properties receiving pressure below the reference level, provided that allowable exclusions listed below do not apply. Abnormal demand: This exclusion is intended to cover abnormal peaks in demand and not the daily, weekly or monthly peaks in demand which are normally expected. Companies should exclude from the reported DG2 figures properties which are affected by low pressure only on those days with the highest peak demands. During the report year Companies may exclude, for each property, up to five days of low pressure caused by peak demand. Planned maintenance: Companies should not report under DG2 low pressures caused by planned maintenance. It is not intended that Companies identify the number of properties affected in each instance. However, Companies must maintain sufficiently accurate records to verify that low pressure incidents that are excluded from DG2 because of planned maintenance are actually caused by maintenance. One-off incidents: This exclusion covers a number of causes of low pressure, mains bursts, failures of Company equipment (such as PRVs or booster pumps), firefighting and action by a third party. However, if problems of this type affect a property frequently, they cannot be classed as one-off events and further investigation will be required before they can be excluded.
Page 14 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 23 Q23
Please include details of a water quality analysis made by the Water Undertaker for the water supply zone in respect of the most recent calendar ü year. Pass
The analysis confirmed that all tests met the standards prescribed by the 2000 Regulations or the 2001 Regulations.
IMPORTANT - Please note the response to this question provides information about the water supply zone within which the property is situated and NOT the individual property shown above. Water companies are responsible for ensuring that the water provided is wholesome and is safe to drink. The quality of drinking water is monitored throughout the various stages of treatment and distribution. This includes source water abstractions, reservoirs and aquifers; the treatment process and finished treated water; the distribution system; and finally water at customers taps. The standards which must be complied with are some of the tightest in the world. They incorporate standards from the European Drinking Water Directive and UK Legislation (National Standards). These standards are used to monitor compliance against microbiological and chemical standards, including aesthetic standards such as colour, clarity and taste. Thousands of sample tests are carried out in a year. Sampling is carried out at randomly selected customer properties usually at the cold water tap in the kitchen. On rare occasions where a standard is not met an immediate investigation is carried out and remedial actions initiated as necessary. This includes consultation with Public Health Doctors and Environmental Health teams. The majority of these cases are minor or temporary in nature and are often associated with the condition or maintenance of the plumbing within an individual property. Customers are normally advised by letter of any specific individual property issues and a copy would be available from the vendor, if applicable. For further information on water quality information for a postcode, and facts leaflets on water quality, please contact the responsible water company. The primary responsibility for enforcing the standards and regulations lies with the Drinking Water Inspectorate (DWI). They independently assess the performance of all water companies and undertake technical audits of procedures and assets. They also produce an annual independent report summarising the performance of the water company.
Question 24 Q24
Please include details of any departures, authorised by the Secretary of State under Part 6 of the 2000 Regulations, from the provisions of Part 3 of those ü Regulations; or for Wales please include details of any departures, authorised N/A by the Welsh Ministers under Part 6 of the 2001 Regulations, from the provisions of Part 3 of those Regulations.
There are no such authorised departures for the water supply zone.
Authorised departures are not permitted if the extent of the departure from the standard is likely to constitute a potential danger to human health. Please contact your Water Company if you require further information.
Page 15 of 19 Order Reference:20106198 14 April 2009
APARTMENT 404 ISLINGTON GATES, 4 FLEET STREET, BIRMINGHAM, B3 1JH
Question 25 Q25
Please confirm the distance from the property to the nearest boundary of the nearest sewage treatment works. ü See Details The nearest sewage treatment works is 8.352 KM to the North West of the property. The name of the nearest sewage treatment works is Brockhurst .
The nearest sewage treatment works will not always be the sewage treatment works serving the catchments within which the property is situated. The Sewerage Undertaker's records were inspected to determine the nearest sewage treatment works. It should be noted therefore that there may be private sewage treatment works closer than the one detailed above that have not been identified.
Page 16 of 19 Appendix 1
Terms and Expressions in this Report
'the 1991 Act' means the Water Industry Act 1991[61]; 'public sewer' means, subject to Section 106(1A) of the 1991 Act[68], a sewer for the time being vested in a Sewerage Undertaker in its capacity 'the 2000 Regulations' means the Water Supply (Water Quality) as such, whether vested in that Undertaker - (a) by virtue of a scheme Regulations 2000[62]; under Schedule 2 to the Water Act 1989[69]; (b) by virtue of a scheme under Schedule 2 to the 1991 Act[70]; (c) under Section 179 of the 1991 'the 2001 Regulations' means the Water Supply (Water Quality) Act[71]; or (d) otherwise; Regulations 2001[63]; 'public sewer map' means the map made available under Section 199(5) 'adoption agreement' means an agreement made or to be made under of the 1991 Act[72]; Section 51A(1) or 104(1) of the 1991 Act[64]; 'resource main' means (subject to Section 219(2) of the 1991 Act) any 'bond' means a surety granted by a developer who is a party to an pipe, not being a trunk main, which is or is to be used for the purpose of- adoption agreement; (a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a 'bond waiver' means an agreement with a developer for the provision of a source of supply; or (b) giving or taking a supply of water in bulk; form of financial security as a substitute for a bond; 'sewerage services' includes the collection and disposal of foul and 'calendar year' means the twelve months ending 31st December; surface water and any other services which are required to be provided by a Sewerage Undertaker for the purpose of carrying out its functions; 'discharge pipe' means a pipe which discharges are made or are to be made under Section 165(1) of the 1991 Act; 'Sewerage Undertaker' means the company appointed to be the Sewerage Undertaker under Section 6(1) of the 1991 Act for the area in 'disposal main' means (subject to section 219(2) of the 1991 Act) any which the property is or will be situated; outfall pipe or other pipe which - (a) is a pipe for the conveyance of effluent to or from any sewage disposal works, whether of a Sewerage 'surface water' includes water from roofs and other impermeable surfaces Undertaker or of any other person; and (b) is not a public sewer; within the curtilage of the property;
'drain' means (subject to Section 219(2) of the 1991 Act) a drain used for 'water main' means (subject to Section 219(2) of the 1991 Act) any pipe, the drainage of one building or of any buildings or yards appurtenant to not being a pipe for the time being vested in a person other than the buildings within the same curtilage; Water Undertaker, which is used or to be used by a Water Undertaker or licensed water supplier for the purpose of making a general supply of 'effluent' means any liquid, including particles of matter and other water available to customers or potential customers of the Undertaker or substance in suspension in the liquid; supplier, as distinct from for the purpose of providing a supply to particular customers; 'financial year' means the twelve months ending with 31st March; 'water meter' means any apparatus for measuring or showing the volume 'lateral drain' means - (a) that part of a drain which runs from the curtilage of water supplied to, or of effluent discharged from any premises; of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate; or 'water supplier' means the company supplying water in the water supply (b) (if different and the context so requires) the part of a drain identified in zone, whether a Water Undertaker or licensed water supplier; a declaration of vesting made under Section 102 of the 1991 Act or in an agreement made under Section 104 of that Act[65]; 'water supply zone' means the names and areas designated by a Water Undertaker within its area of supply that are to be its water supply zones 'licensed water supplier' means a company which is the holder for the for that year; and time being of a water supply license under Section 17A(1) of the 1991 Act[66]; 'Water Undertaker' means the company appointed to be the Water Undertaker under Section 6(1) of the 1991 Act for the area in which the 'maintenance period' means the period so specified in an adoption property is or will be situated. agreement as a period of time - (a) from the date of issue of a certificate by a Sewerage Undertaker to the effect that a developer has built (or In this Report, references to a pipe, including references to a main, a substantially built) a private sewer or lateral drain to that Undertakers drain or a sewer, shall include references to a tunnel or conduit which satisfaction; and (b) until the date that private sewer or lateral drain is serves or is to serve as the pipe in question and to any accessories for vested in the Sewerage Undertaker; the pipe.
'map of waterworks' means the map made available under Section 198(3) of the 1991 Act[67] in relation to the information specified in subsection (1A);
'private sewer' means a pipe or pipes which drain foul or surface water, or both, from premises, and are not vested in a Sewerage Undertaker;
Page 17 of 19 Appendix 2
The Law Society endorses the use of a residential drainage and water enquiry on all occasions where a property is being sold. With their unique knowledge of the water industry, the regional water companies of England & Wales are best placed to identify any risks relating to the location and ownership of public water mains and sewers before property purchases are completed.
We do accept that on occasions, customers may not be happy and seek clarification or confirmation that our records are correct. For such instances, the Water UK CON29DW group has developed a unified approach in dealing with customer enquiries and complaints, offering customers a set of minimum standards that would apply. These are listed below.
Water UK: Residential Drainage and Water Search Complaint Procedure
As a minimum standard Severn Trent Searches, PO Box 6187, Nottingham, NG5 1LE.
We will endeavour to resolve any telephone contact or complaint at the time of the call, however, if that isn't possible, we will advise you on how soon we can respond. If you are not happy with our initial response, we will advise you to write in via email, fax or letter explaining the reasons why you are not satisfied.
We will investigate and research the matter in detail and provide a written response within 5 working days of receipt of your complaint.
Depending on the scale of investigation required, we will keep you informed of the progress and update you with new timescales if necessary.
If we fail to give you a written substantive response within 5 working days, Severn Trent Searches will compensate you the original fee paid for the CON29DW Drainage and Water enquiry regardless of the outcome of your complaint.
If we find your complaint to be justified, or we have made any errors that change the outcome in your search result, we will automatically refund your search fee. We will provide you with a revised search and also undertake the necessary action, as within our control, to put things right as soon as practically possible. Customers will be kept informed of the progress of any action required.
If your search takes us longer than 10 working days to complete and we have not communicated the reasons for the delay, you will receive the search free of charge.
A complaint will normally be dealt with fully within 4 weeks of the date of its receipt. If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer and receive a response at the very latest within 8 weeks.
If you are still not satisfied with our response or action, we will refer the matter to a Senior Manager/ Company Director for resolution. At your request we will liaise with counselling organisations on your behalf.
If you are not satisfied with the final decision, you may refer the complaint to the Independent Property Codes Adjudication Scheme (IPCAS), contact details below. We will co-operate fully with the independent adjudicator during the consideration of a complaint by the IPCAS and comply with any decision.
Complaints should be sent to: IPCAS can be contacted at: Customer Services IDRS Ltd, 24 Angel Gate, City Road, London EC1V 2PT Severn Trent Searches Phone: 020 7520 3800 PO Box 6187, Nottingham, NG5 1LE Fax: 020 7520 3829 Phone: 0115 962 7269 E-mail: [email protected] Email: [email protected]
Page 18 of 19 Appendix 3
DRAINAGE & WATER ENQUIRY (DOMESTIC) TERMS AND CONDITIONS
The Customer the Client and the Purchaser are asked to note these terms, which 3.4 The Company shall accept liability for death or personal injury arising from its govern the basis on which this drainage and water report is supplied. negligence but in any other case the Company's liability for negligence shall be in accordance with the permitted limit for liability identified in Schedule 6 paragraph 8 of Definitions the Regulations. In accordance with Schedule 6 paragraph 7 of the Regulations such "The Company" means the water service company or their data service provider liability will be met by The Company or its insurers and The Company has and will producing the Report. maintain an appriopriate contract of insurance. "Order" means any request completed by the Customer requesting the Report. "Report" means the drainage and/ or water report prepared by The Company in Copyright and Confidentiality respect of the Property. 4.1 The Customer the Client and the Purchaser acknowledge that the Report is "Property" means the address or location supplied by the Customer in the Order. confidential and is intended for the personal use of the Client and the Purchaser. The "Customer" means the person, company, firm or other legal body placing the Order, copyright and any other intellectual property rights in the Report shall remain the either on their own behalf as Client, or, as an agent for a Client. property of The Company. No intellectual or other property rights are transferred or "Client" means the person, company or body who is the intended recipient of the licensed to the Customer the Client or the Purchaser except expressly provided. Report with an actual or potential interest in the Property. 4.2 The Customer or Client is entitled to make copies of the Report but may only copy "Purchaser" means the actual or potential purchaser of an interest in the Property the maps contained in the, or attached to the Report, if they have an appropriate including their mortgage lender. Ordnance Survey licence. "the Regulations" means the Home Information Pack (No.2) Regulations 2007. 4.3 The Customer the Client and the Purchaser agree (in respect of both the original and any copies made) to respect and not to alter any trademark, copyright notice or Agreement other property marking which appears on the Report. 1.1 The Company agrees to supply the Report to the Customer and to allow it to be 4.4 The maps contained in the Report are protected by Crown Copyright and must not provided to the Client and the Purchaser subject in each case, to these terms. The be used for any purpose outside the context of the Report. scope and limitations of the Report are described in paragraph 2 of these terms. The 4.5 The Customer and the Client and the Purchaser agree on a joint and several Customer shall be responsible for bringing these terms to the attention of the Client basis to indemnify The Company against any losses, costs, claims and damage and the Purchaser as necessary. suffered by The Company as a result of any breach by any of them of the terms of 1.2 The Customer the Client and the Purchaser agree that the placing of an Order for paragraphs 4.1 to 4.4 inclusive. a Report and the subsequent provision of a copy of the Report to the Purchaser indicates their acceptance of these terms. Payment 5. Unless otherwise stated all prices are inclusive of VAT. The Customer shall pay for The Report the price of the Report specified by The Company, without any set off, deduction or 2. Whilst The Company will use reasonable care and skill in producing the Report, it is counterclaim. Unless the Customer has an account with The Company for payment provided to the Customer the Client and the Purchaser on the basis that they for Reports, The Company must receive payment for Reports in full before the Report acknowledge and agree to the following:- is produced. For Customers with accounts, payment terms will be as agreed with The 2.1 The information contained in the Report can change on a regular basis so The Company. Company cannot be responsible to the Customer the Client and the Purchaser for any change in the information contained in the Report after the date on which the Report General was produced and sent to the Customer. 6.1 If any provision of these terms is or becomes invalid or unenforceable, it will be 2.2 The Report does not give details about the actual state or condition of the taken to be removed from the rest of these terms to the extent that it is invalid or Property nor should it be used or taken to indicate or exclude actual suitability or unenforceable. No other provision of these terms shall be affected. unsuitability of the Property for any particular purpose, or relied upon for determining 6.2 These terms shall be governed by English law and all parties submit to the saleability or value, or used as a substitute for any physical investigation or inspection. exclusive jurisdiction of the English courts. Further advice and information from appropriate experts and professionals should 6.3 Nothing in this notice shall in any way restrict the Customer the Clients or the always be obtained. Purchasers statutory or any other rights of access to the information contained in the 2.3 The information contained in the Report is based upon the accuracy of the Report. address supplied to The Company. 6.4 The Report is supplied subject to these terms and conditions which include the 2.4 The Report provides information as to the location and connection of existing terms required by Schedule 6 paragraphs 5, 6 and 7 of the Regulations. services and other information required to comply with the provisions of the Home 6.5 These terms and conditions may be enforced by the Customer the Client and the Information Pack Regulations in relation to drainage and water enquiries and should Purchaser. not be relied on for any other purpose. The Report may contain opinions or general advice to the Customer the Client and the Purchaser which The Company cannot Residential DW Terms and Conditions - HIPS Revisions- Final Version 1.2doc ensure is accurate, complete or valid and for which it accepts no liability. 2.5 The position and depth of apparatus shown on any maps attached to the Report Severn Trent Searches is a trading name of Severn Trent Retail and Utility Services are approximate, and are furnished as a general guide only, and no warranty as to Ltd. Registered in England and Wales no.2562471 Registered office 2297 Coventry their correctness is given or implied. The exact positions and depths should be Road Birmingham, B26 3PU. obtained by excavation trial holes and the maps must not be relied on in the event of excavation or other works made in the vicinity of The Company's apparatus. Liability 3.1 The Company shall not be liable to the Customer the Client or the Purchaser for any failure defect or non-performance of its obligations arising from any failure of or defect in any machine, processing system or transmission link or anything beyond The Company's reasonable control or the acts or omissions of any party for whom The Company is not responsible. 3.2 Where a report is requested for an address falling within a geographical area where two different Companies separately provide Water and Sewerage Services, then it shall be deemed that liability for the information given by either Company will remain with that Company in respect of the accuracy of the information supplied. A Company that supplies information which has been provided to it by another Company for the purposes outlined in this agreement will therefore not be liable in any way for the accuracy of that information and will supply that information as agent for the Company from which the information was obtained. 3.3 The Report is produced only for use in relation to individual domestic property transactions which require the provision of drainage and water information pursuant to the provisions of the Regulations and cannot be used for commercial developments of domestic properties or commercial properties for intended occupation by third parties.
Page 19 of 19
Professional Property Marketing Services www.TheColdWar.biz
Lease Documents
, . DATED c:9-=t- ~~ 2004-
~ \~~I:.r '.r-~,',"'~'~/r.0,-~.i-~'F . . \ ~S \s c. t;\,;:; ~-_.G•.../y' ui "ll,d :",:.' _ - JI .
CHALLI;&..uVON c .::i< ) _.,_ Sciicl~!$ j (1) MCD (FLEET) Lli'
(2) ISLINGTON GATES MANAGEMENT COMPANY LIMITED
fiEu utE! ~; O'..l ; (3) WNRS'fONEDIWELOPERS~fffED
of Apartment number AI7 on the Third Floor Islington Gates, Fleet Street, Birmingham, West Midlands
Term: As specified in clause 1.39
Eversheds Lli' Solicitors 115 Colmore Row Birmingham B33AL
.BIR PROP2I39I905 vI PINRB/I5 < - \ ! . r '-<1 , ';-' H.M. LAND REGISTRY LAND REGISTRATION ACTS, 1925 to 2002
West Midlands: Birmingham ADMlNISTRATIVE AREA
WM792257, WM767596 and WM792261 LANDLORD'S TITLE NUMBERS:
The Third Floor Apartment number Al7 PROPERTY Islington Gates, Fleet Street, Birmingham
ONE HUNDRED AND NINE PREMIUM THOUSAND POUNDS (£109,000.00)
The First Rent - £200.00 per annum YEARLY RENTS The Second Rent - £400.00 per annum The Third Rent - £800.00 per annum The Fourth Rent - £1,600.00 per annum The Fifth Rent - £3,200.00 per annum
2004 TIDS LEASE is made on
BETWEEN:-
(I) MCD (FLEET) LLP a limited liability partnership incorporated under the United Liability Partnerships Act 2000 number 301189 of 3'd Floor, Newater House, Newhall Street, Birmingham, B3 ("the Landlord")
(2) ISLINGTON .GATES MANAGEMENT COMPANY LIMITED (Company Number: 04699180) whose registered office is at Third Floor Newater House Newhall Street Birmingham West Midlands B3 3NY ("the Management Company") and
Rt'lU\fEET 'Sa.i....,' I (3) WARS'F6NE DE,.n:t;OI'EitS LIMITED of 8 MiJlford Close Hall Green Birmingham B28 OYL ("the Tenant")
•
1 \\:' ~------
~~ i. \ RECITALS The Landlord has previously granted leases of or intends to grant leases of the \ 1. properties intended to be sold as residential units forming part of the Development I each as separate and distinct properties and the Landlord has in every such lease ~ imposed and intends in every future lease to impose similar obligations to those set out in the Eighth Schedule with the intention that the Tenant for the time being of , . \ anyone of the Apartments may enforce the observance by the Tenant of any other of H the Apartments of the covenants in the form set out in Part Three of the Eighth ~. Schedule and in all other respects are in a similar form as this Lease (mutatis
mutandis)
2. The Landlord has agreed to grant to the Tenant a lease of the Demised Premises for the Premium at the Yearly Rents and on the termS and conditions contained in this
Lease 3. The Management Company is to undertake responsibility for the supply of services to the Development for which the Tenant will pay the Service Charge proportions of
the Expenditure
4. The Landlord agrees to grant to the Management Company a lease of the Maintained
Property
5. This Lease is a new tenancy under the Landlord and Tenant (Covenants) Act 1995
NOW TIllS DEED WITNESSES as follows:-
1. IN this deed unless the context otherwise requires the following expressions have the
meanings set opposite to them:- all roads driveways service areas forecourts paths "Accessways" 1.1. and decking which form part of the Development at any time during the Term and which provide access i \ to the Demised Premises or other areas (but 1" . excluding the car parking areas all stairways lifts corridors and paths used for access solely to the Apartments within the Development),
2 l , ij any person appointed by the Management Company I "the Accountant" \ 1.2. to perform the function of an accountant in relation ! to the Expenditure (including an employee of the ! I Management Company or where the Management U \ Company is a company an employee of the i Management Company or a member of the I, i Management Company).
I any nearby property in which the Landlord (or where "Adjoining Premises" 1.3. the Landlord is a company any company which is a \ member of the Landlord's Group) has or acquires \ during the Perpetuity Period a freehold or leasehold I. interest
i the advance payments of Service Charge payable by "the Advance 1.4. the Tenant pursuant to and as defined in paragraph \ Payments" 6.1 of the Seventh Schedule
the 141 self contained apartments within the "The Apartments" \ 1.5. Buildings and any other parts of the Development the parking space within the Development shown on "The Apartment 1.6. Plan No.4 edged blue (if any) and marked with th~/ Parking Space" number of the Apartment or any other parking sp~ce within the Development that may be allocated from
time to time [penthouses only]
The non-strUcturalbalcony shown edged purple on Plan "The Balcony" 1.7. 1 (if any) together with any other balcony included
within the Demised Premises
the buildings forming part of the Development from time "The Buildings" 1.8. to time
"The Commercial Units" The three commercial units within the buildings and the 1.9. \
3 \ I 1r • i ,~ offices in Block B i the areas of the Buildings which are not included in and "The Common Parts" \ 1.10. are not designed to be included in a demise for exclusive beneficial occupation and which are intended for use in \ common by the owners or occupiers of any two or more ' , of the ApartmeIits and/or the Commercial Units \ including (but without limitation) any rooms, Accessways, car parking areas, landscaped areas \ decking, any bin storage areas, cycle storage areas (if any), the porches, lobbies, entrance halls, staircases, corridors, landings and glass in the windows of such common parts together with all decorative parts ancillary to them and any other parts of the Buildings so used in common or which may be provided or designated from time to time by the Landlord of the Management Company for common use and enjoyment
the person appointed by the Management Company "the Concierge" \ 1.11. and notified to the lessees from time to time as being the duly appointed concierge of the Development
The property demised by this Lease as described in "The Demised 1.12. the Third Schedule Premises" The land apartments buildings and works described "The Development" 1.13. in the First Schedule and known or to be known as
"Islington Gates"
the aggregate of all costs fees expenses and "Expenditure" 1.14. outgoings reasonably and properly incurred by the Landlord or the Management Company in providing the Landlord's Services including bank charges
interest and VAT and
(a) such sums as the Landlord or
4 Management Company acting reasonably considers desirable to set aside from time to time for the purpose of providing for
periodically recurring items of expenditure in connection with. the Landlord's Services whether recurring at
regular or irregular intervals and
(b) such provisions for anticipated expenditure in connection with the Landlord's Services as the Landlord or Management Company reasonably considers fair and reasonable in the
circumstances
the annual accounting period beginning on 1 January 1.15. "the Financial Year" in each year or on such alternative date as the Management Company may at any time stipulate
The bridge which may be constructed at the 1.16. "The Foot Bridge" Landlord's expense in the approximate position indicated on Plan 2 and will traverse the canal. For the avoidance of doubt the Foot Bridge may be realigned at the discretion of the Landlord subject to the approval of the appropriate authorities
an independent chartered surveyor who has practised 1.17. "the Indepe~dent in the UK for at least the previous five years and Surveyor" who has recent substantial experience of the letting and valuation of premises of similar character quality and general location to the Demised
Premises
the risks insured against by the Landlord or the 1.18. "Insured Risks" Management Company and including fire lightning .
5 explosion aircraft (including articles dropped from aircraft) riot civil commotion malicious persons earthquake storm tempest flood bursting and overflowing of water pipes tanks and other apparatus
and impact by road vehicles
Includes the person for the time being entitled to the "The Landlord" reversion immediately expectant upon the Term
The Services which the Landlord or Management 1.20. "the Landlord's company covenant to provide in the ninth and tenth Services" Schedule.
a lease between (I) the Landlord and (2) the 1.21. "The Management Management Company relating to the Maintained Lease" Property (other than the Open Space Area and the , Foot Bridge) ~ Those parts of the Development which are more 1.22. "The Maintained particularly described in the Second Schedule I Property" The area shown edged yellow on Plan 2 1.23. "Open Space Area" the plans attached to this Lease and so numbered . 1.24. "Plan 1", "Plan 2" and "Plan 3"
the sum stated as such in the heading of this Lease 1.25. "The Premium" the block of apartments known as Block A of which .1.26. "The Relevant Block" the Demised Premises form part and which for the purposes of identification are shown edged green on
Plan 2
the votes attributable to those apartments within the 1.27. "A Relevant Development which contribute 51% or more of the Proportion" total service charge contribution to either the \ 6 I, I~ Development as a whole or the Relevant Block as I appropriate in the particular circumstances of the
I relevant vote
the apartment occupied by the Concierge 1.28. "Service Apartment" the Service Charge Proportions of the Expenditure 1.29. "the Service Charge" or such other proportion of the Expenditure as the Management Company or the Landlord may from time to time determine to be fair and reasonable having regard to the benefit derived and the advantages enjoyed or are available for beneficial use and enjoyed by the Tenants and occupiers of the
Development
means a sum or sums to be calculated on the basis of 1.30. "The Service Charge the area of the Demised Premises taken as a Proportion(s)" percentage of the net developable area (including the Commercial Units) of the Development having regard to the various benefits derived and. the advantages variously enjoyed or available for beneficial use and enjoyment by tenants and
occupiers of the Buildings
the lifts pumps generators sewers drains channels 1.31. "Service Installations" pipes watercourses gutters mains wires cables ducts conduits fibre optic computer (including internet and intranet) links (if any) or other computer cabling of any sort aerials tanks soakaways and flues and any other apparatus for the supply of water electricity gas telephone television or other telecommunication signals or for the disposal of foul or surface water or
flue gases
7 \ 1.32. "Service Suppliers" the bodies having power to deal with the Service Installations and also the highway authority
1.33. "Share" a share in the Management Company which may, pursuant to the Memorandum and Articles of Association of the Management Company be issued at any time to the then lawful tenant of each
Apartment in the Development
1.34. "The Specified Period" the period of eighty years from 1 January 2004 which period shall be the perpetuity period for the
purpose of this Lease
1.35. "Superior Landlord" any person who at any time holds an interest in the Demised Premises superior to this lease except for t the person whose interest is at the relevlll1 time the reversion immediately expectant on the termination
of this lease
1.36. "Superior Lease" The leases dated 1 February 2002 and 11 September 2002 made between British Waterways Board (1)
and the Landlord (2)
1.37. "The Tenant" includes the person for the time being entitled to the
Term
1.38. "The Tenant's the part of the Demised Premises which is described
Apartment" in the Third Schedule
1.39. "The Term" the term from the date of this Lease expiring on
24 June 2128
Title Numbers WM792257, WM767596 and "The Title Numbers" 1.40. WM792261
the sum stated as such in the heading of this Lease "The Yearly Rent" 1.41.
8 References to the Landlord, Superior Landlord, Tenant and/or the Management 1.42. Company shall include where appropriate their respective successors i~ title
and assignees
IN consideration of the Premium now paid by the Tenant to the Landlord (the receipt 2. of which is acknowledged) and of the rents and covenants on the part of the Tenant reserved by and contained in this Lease THE Landlord with full title guarantee DEMISES to the Tenant the Demised Premises TOGETHER with the rights set out in the Fourth Schedule and the Management Company to the extent of its interest in the Development with full title guarantee grants and confirms to the Tenant the rights set out in the Fourth Schedule EXCEPTING AND RESERVING to the Landlord and the Management Company the rights set out in the Fifth Schedule TO HOLD the same to the Tenant for the Term SUBJECT to the matters contained mentioned or referred to in the Property and Charges Registers of the Title Numbers and SUBJECT to the covenants on the part of the Tenant contained in this Lease YIELDING AND PAYING the Yearly Rent as follows:-
The First Rent From the date of this Lease until 31 December 2025
The Second Rent From 1 January 2026 until 31 December 2050
The Third Rent From 1 January 2051 until 31 December 2075
The Fourth Rent From 1 January 2076 until 31 December 2100
The Fifth Rent From 1 January 2101 for the remainder of the Term
in each case free from all deductions and payable by one yearly payment in advance on 1st January in every year the first payment for ,the period from the date of this Lease until the next 1st January to be made on the date of this Lease and (if
necessary) to be an apportioned amount
9 3. To the intent and so that this covenant binds the Demised Premises whoever owns it the Tenant covenants for himself and his successors in title as follows:-
With the Landlord to observe and perform the obligations on the part of the Tenant 3.1 set out in Parts One Two and Three of the Eighth Schedule; and
3.2 With the Management Company to observe and perform the obligations on the part of the Tenant set out in Parts Two and Three of the Eighth Schedule; and
3.3 With the Tenants of the other Apartments to observe and perform the obligations on the part of the Tenant set out in Part Three of the Eighth Schedule
4. The Landlord relying on the covenants on the part of the Tenant in this Lease COVENANTS with the Tenant to observe and perform the obligations on the part of
the Landlord set out in the Ninth Schedule
5. The Management Company relying on the covenants on the part of the Tenant in this • Lease COVENANTS with the Landlord and as a separate covenant with the Tenant to observe and perform the obligations on the part of the Management Company set
out in the Tenth Schedule
6. IT IS AGREED AND DECLARED as follows:-
6.1 That if any rent reserved by this Lease shall be unpaid for thirty days next after the same shall have become due (whether formally demanded or not) or if any covenant by the Tenant or obligation or condition contained in this Lease 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 at any time subsequently to re-enter the Demised Premises or any part of them in the name of the whole and this demise shall then 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 contained in this Lease PROVIDED ALWAYS that notice of contemplation of re-entry shall first be served on any mortgagee with an interest in the Demised Premises in respect of which details have previously been provided to the Landlord or the Management Company and no re-entry shall be effected until the expiry of 28 days after the service of any such notice
6.2 That all 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
10 r-;---:-----,------
If- i accordingly be enjoyed and performed by the person iii whom such reversion and \ leasehold interest respectively shall for the time being be vested Where the Tenant (party to this Lease) is more than one person it is declared:- 6.3 6.3.1 that they are joint tenantsltenants in common in equal shares; and
6.3.2 that the survivor of them can/cannot give a valid receipt for capital money arising on a disposition of the Demised Premises
In this clause the expression "the Tenant" means only the persons named as the third
party to this Lease
6.4 Section 196 of the Law of Property Act 1925 shall apply to any notice demand or other instrument authorised to be served under this Lease and any notice served by the Landlord shall be sufficiently served by any agent of the Landlord
6.5 The rights granted and reserved by this Lease shall only take effect insofar as they
are ascertained within the Specified Period
6.6 The Interpretation Act 1978 shall apply to this Lease as to an Act of Parliament
6.7 References in this Lease to the masculine gender include the feminine and neuter and
the singular includes the plural and vice versa
6.8 Persons include companies and all other legal entities
6.9 References to a clause or schedule are to a clause or schedule in this Lease
6.10 Any reference to any specific statute or statutory provision includes references to any statutory modification extension or re-enactment of such statute or statutory provision and to any byelaws orders regulations or other subordinate legislation made under such statute or statutory provision from time to time
6.11 Any disputes shall be decided by arbitration under Part 1 of the Arbitration Act 1996 by a single arbitrator appointed by the parties to the dispute and if they do not agree to that appointment the then President of the Royal Institution of Chartered Surveyors may appoint the arbitrator at the request of any party.
6.12 Any covenant by the Tenant not to do any act matter or thing shall be construed as including a covenant by the Tenant not to knowingly permit such act matter or thing
11 r
6.13 Where any party to this Lease comprises more than one person then the obligations and liabilities of that party under this Lease shall be joint and several obligations and
liabilities of those persons
6.14 Reference to any party includes reference to its successors in title
6.15 The Landlord's address for service of notices, including notices in proceedings, is the address given above for the Landlord, until the Tenant is notified in writing of a
different address in England and Wales.
6.16 The parties apply to the Chief Land Registrar for a restriction to be entered in the proprietorship register of the title to the Demised Premises in the following terms:-
"Except under an order of the Registrar no transfer assent lease or other dealing (s~ve for any mortgage or charge dated contemporaneously with a transfer) with the land in this title shall be registered unless accompanied by a certificate given by either the Solicitor to the Applicant or Secretary of Islington Gates Management Company (Company number 04699180) of the Third Floor Newater House Newhall Street Birmingham West Midlands B3 3NY confirming that notice of such transfer assent lease or other dealing has been given to the said Islington Gates Management Company (Company number 04699180) and that a covenant in accordance with paragraph 24.3 of Part Two of the Eighth Schedule has been given
to Islington Gates Management Company (Company number 04699180)"
6.17 That nothing herein contained shall be construed as entitling the Tenant to require that all or any of the covenants herein contained shall be imposed upon or enforced in respect of any property adjoining or neighbouring the Development
6.18 That the Tenant shall not be entitled to any right of access of light or air to the Demised Premises (except those expressly hereby granted) which would restrict or interfere with the free use of the adjoining or neighbouring land of the Landlord for
building or any other purpose
6.19 If for any reason the repair rebuilding or reinstatement of either a substantial part of the Buildings or the Demised Premises or the means of access thereto shall be impossible of performance following damage or destruction by any of the Insured Risks and subject to and provided as mentioned in the Sixth and Tenth Schedules the obligation to reinstate the Development in the Tenth Schedule shall thereupon be deemed to have been discharged and the Management Company shall stand
12 possessed of all monies paid to it under and by virtue of the insurance policy or policies (together with any amounts payable by third parties which may have vitiated the insurance policy in whole or in part) upon trust to pay to the Tenant such proportion of the said monies as is equitable taking into account the value of the Landlord's arid the Tenant's legal interests such equitable proportion to be agreed in writing between them or in default of agreementtlien as shall be detennined in accordance with the provisions of Paragraph 4 of the Seventh Schedule and following such damage or destruction the Tenant shall be entitled within a period of 4 yearS to detennine this Lease forthwith on written notice to the Landlord without prejudice to either parties rights in relation to any antecedent breaches or the Tenants rights to a due proportion of the insurance monies under this Clause 6.19 (subject to and with the benefit of the further rights set out at paragraph 4 of the Seventh
Schedule)
7. Nothing in this Lease shall fetter the right for the Landlord to build, construct and develop any adjoining or adjacent land in any way in which it sees fit notwithstanding any effect on the rights of light or air of the Tenant and/or the
Demised Premises
8. Contracts (Rights of Third Parties) Act 1999
The parties to this Lease do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it subject to Clause 6 of the Tenth Schedule and the Eighth Schedule of this Lease
9. It is hereby certified that the transaction hereby effected does not form part of a larger transaction or series of transactions in respect of which the amount or value or aggregate amount or value of the consideration exceeds £250,000.00
We hereby certify that this instrument is exempt from Stamp Duty by virtue of the provisions
of Section 92 of the Finance Act 2001.
EXECUTED by the parties as a deed on the date specified on page 1 of this Lease
13 THE FIRST SCHEDULE
The Development
The land at Islington Gates, Fleet Street, Birmingham, West Midlands now or formerly comprised within the Title Numbers and the adjoining land shown for identification purposes edged red on Plan 3 attached to this Lease together with any adjoining land which may be added thereto within the Specified Period and together with any buildings or structures
erected or to be erected on some part thereof
14 '\ I THE SECOND SCHEDULE
The Maintained Property
1. The Service Installations exclusively serving the Development other than any Service Installations used exclusively by or demised with any Apartment
2. The Open Space Area
3. The Foot Bridge (if any)
4. The lifts in the Development
5. The Buildings
5.1 Except as mentioned in paragraph 6.2 below the Buildings comprise all of the buildings to be constructed as part of the Development including the Relevant Block so far as not comprised in the Apartments or the Commercial Units including in particular but without prejudice to the generality of the foregoing:-
5.1.1 The internal and external structural parts of the Buildings whether or not located within an Apartment or a Commercial Unit and the external parts of the Buildings including the roofs and all projections on or within the roofs canopies foundations loft space load-bearing walls and any other walls which bound each of the Apartments or the Commercial Units (even if not load-bearing) and the ceilings and floors above and below each of the Apartments/Commercial Units save to the extent that these are expressly demised with any Apartment/Commercial Units
5.1.2 The external surfaces of the external doors and frames of each of the Apartments and the external surfaces of the window frames of each of the Apartments for the purpose of repainting or other treatment.
5.1.3 The whole of the Common Parts.
5.1.4 All Service Installations used by the Buildings which are not used solely for the purpose of one of the Apartments/Commercial Units and the gutters and
downpipes.
15
. , 1
5.2 The following are excluded from the Buildings (being the responsibility of
individual Tenants):- The walls within each of the Apartments/Commercial Units which are not load- bearing; internal joinery; internal plaster and tiling or other internal surfaces of floors (including floor coverings) ceilings and walls of each of the Apartments and the windows (including the glass therein) and any external doors (including the glass therein) of each of the Apartments (except for painting or other treatment of the
external surfaces of window frames and external doors).
16 THE TIllRD SCHEDULE
The Demised Premises
AlL THAT Third. Floor Apartment forming part of the Development and known for development purposes (but not for postal purposes) as Apartment Number AI? Islington Gates, Fleet Street, Birmingham, West Midlands together with all other inner surfaces TOGETHER with all landlord's fixtures and fittings which are now or may from time to time during the Term be in such Apartment All which Apartment is delineated on Plan No.1 and shown edged red being part of the Relevant Block The Apartment includes the floors ceilings walls doors and windows bounding the same and any overhanging areas but excludes any parts forming part of the Buildings for the purposes the Second Schedule hereto PROVIDED that in the case of any such floors ceilings walls or doors which also form the boundary of another Apartment or any other part of the Relevant Block only the inner half of such floors ceilings and walls (divided in the case of floors and ceilings medially and horizontally through the main structure and in the case of walls medially and vertically through the main structure) is included in the property demised AND TOGETHER ALSO with any Service Installations used solely for the purpose of the Tenant's Apartment whether or not within the boundaries of the Tenant's Apartment as defined in this Schedule but EXCEPT AND RESERVING from this demise any Service Installations not used solely for the purpose of the Tenant's Apartment. The Tenant's Apartment does not include any air space or structure
above or below it.
17 THE FOURTH SCHEDULE
Rights included in the demise
The rights in this Schedule are granted for the benefit of the Demised Premises and the Tenant and (where appropriate) the tenants and occupiers of the Tenant's Apartment and his and their visitors and employees in common with the Landlord the Management Company and al1others similarly entitled except the right in paragraph 13 (if applicable) below which is granted for the exclusive benefit of the Demised Premises and the Tenant and (where appropriate) the tenants and occupiers of the Tenant's Apartment and his and their visitors
and employees
1. The right to use the Open Space Area the Footbridge and the Balcony (if any) in so far as the same is not demised by this Lease (if and when constructed) (so far as the Landlord and/or the Management Company is able to grant rights over the Open. Space Area the Footbridge and the Balcony (if any) in so far as the same is not demised by this Lease) subject to compliance with such regulations as the Management Company may from time to time make under the powers conferred upon it by paragraph 19 of the Eighth Schedule
2. The right to pass and repass (with vehicles where appropriate) at all times over the Accessways (with vehicles where appropriate) and such parts of the Common Parts as are necessary for the enjoyment of the Demised Premises Provided that:
2.1 The Common Parts shall not be used for parties or social gatherings (whether formal
or informal)
2.2 Until the Development is practical1y complete pedestrian access to and from the Demised Premises may be along temporary passageways and accessways provided that al1 such temporary access shal1 be properly lit and secure
3: The right to the free passage and running of water soil gas electricity telephone and television signals and other services from and to the Demised Premises through and from the Service Instal1ations now or hereafter in on or under the Development PROVIDED THAT the Landlord or the Management Company may alter stop-up or re-route such Service Installations or any part of them at any time during the Terms
18 subject to the Landlord leaving reasonable and equally commodious alternative
provision for them
4. The right to use any bin storage areas and refuse receptacles provided by the Landlord or the Management Company on the Development or within the Relevant Block of which the Apartment forms part for the disposal of normal household
refuse
5. The right to use any security door entry system provided by the Landlord or the Management Company within the Relevant Block of which the Tenant's Apartment
forms part
6. The right to connect to any communal television aerials satellite dish or internet or other computer connection which may be provided by the Landlord or the Management Company in the Building
7. The right of lateral and subjacent support and shelter for the Demised Premises from the adjoining and neighbouring parts of the Development and the Relevant Block
8. Such rights of access to and entry upon the other parts of the Development (on giving at least forty eight hours notice to occupiers of those parts except in case of emergency) as are necessary for the proper performance of the Tenant's obligations hereunder or for the repair decoration maintenance or inspection of the Demised Premises the Tenant in exercising such rights causing as little inconvenience or damage as possible and making good all damage caused
9. The right to the benefit of the covenants entered into or to be entered into by the Tenants of the Apartments (other than the Demised Premises) in the form set out in
Part Three of the Eighth Schedule
10. (Following the grant of the Management Lease) the benefit of the rights reserved in the Second Schedule of the Management Lease so far as they relate to the Demised Premises and are not contained in this Schedule
ll. The right to use any lifts in the Relevant Block which provides access to the
Tenant's Apartment
12. The right to the benefit of the covenants entered into or to be entered into by the Tenants of any other of the Apartments of any part of the Development which can
benefit the Demised Premises
19 I.
THE FIFfH SCHEDULE
Rights to which the Demised Premises are subject
The rights in this Schedule are reserved for the benefit of the Development (other than the Demised Premises) and the Landlord and the Management Company and their Tenants employees and visitors as appropriate together with any group or associated companies
thereof:-
1. The right of lateral and subjacent support and shelter for the other parts of the Development and the Buildings by and from the Demised Premises
2. Such rights of access to and entry upon the Demised Premises as are necessary for the proper performance of its or their obligations under this Lease or under covenants relating to other parts of the Development for the repair cleaning decoration maintenance or inspection of other parts of the Development provided that the persons exercising such rights shall give reasonable notice in writing (of at least 48 hours) except in the case of emergency and shall forthwith make good any . . damage thereby caused to the Demised Premises
3. The right for the Landlord at any time or times during the Term without obtaining the consent of or paying compensation to the Tenant:-
3.1 To build or rebuild or alter or permit or suffer to be built or rebuilt or altered any buildings or erections upon the Development (other than the Relevant Block) according to such plans and to such height extent or otherwise and in such manner as the Landlord shall think fit notwithstanding that such buildings as so built rebuilt or altered may obstruct any lights windows or other openings in or on the Demised
Premises
3.2 To extend or alter the layout of the Development but not so as to prejudice access to
the Demised Premises
4. The right to the free passage and running of water soil gas electricity telephone and television. signals and other services from and to those parts of the Development which are not included in the Demised Premises through and from any Service Installations within the Demised Premises together with all easements .rights and privileges necessary for inspecting cleaning repairing maintaining renewing and
20 reinstating the same provided that the persons exercising such rights shall make good any damage which they cause to the Demised Premises and Provided That these rights only extend to Service Installations already laid or constructed or to be laid or constructed within the Specified Period or replacements of those Service
Installations s. . The right to run fibre optic, data and aerial and/or satellite cables or wires, or to affix communal television aerials and/or satellite dishes to the Tenant's Apartment Provided that any cabling which is to be positioned over the exterior of the Tenant's Apartment shall be placed in such a position as the Tenant may approve ~n writing. (such approval not to be withheld or delayed) and to maintain repair and (if necessary) replace the same and the right (so far as neCessary in common with the Tenant) to connect to and use any such communal television aerial
6. 6.1 The right for the persons specified in paragraph 6.2.3 of access to and entry upon the Demised Premises (on giving reasonable notice except in the case of emergency) in order to lay make inspect clean repair and renew any of the Service Installations specified in paragraph 6.3 below. The right to lay or make those Service Installations may only be exercised within the Specified Period.
6.2 The right for the persons specified in paragraph 6.1:-
6.2.1 to connect into any Service Installations on in through or under the Demised Premises and
6.2.2 to use any Service Installations on m through or under the Demised
Premises
6.2.3 The rights reserved by paragraphs 6.1 and 6.2 above may be exercised by the Landlord the Management Company and the Service Suppliers, and their respective employees and contractors
6.3 . The rights reserved by paragraphs 6.1 and 6.2 above relate to any Service Installations serving any part of the Development or any adjoining or neighbouring
land
6.4 The persons exercising the rights reserved by paragraphs 6.1 and 6.2 above must take such steps as may be reasonable to minimise any inconvenience or disturbance to the Tenant (or other occupiers or users of the Demised Premises) resulting from . .
21 the exercise of such rights and must forthwith make good all damage caused by
exercising those rights
7. The right for the Landlord or any persons to whom the benefit of this right is
expresslyassigned:-
7.1 To release or modify the covenants and conditions contained in a lease or transfer of any property forming part of the Development to the extent that such covenants and conditions are for the exclusive benefit of the Landlord or
7.2 . To waive any breach of the covenants and conditions referred to in Paragraph 7.1
above
Provided that the Landlord shall at all times act reasonably and in the interest of good estate management in exercising its right under Paragraphs 7.1 and 7.2 above.
8. The Landlord is not to be liable to the Tenant or his successors in title for any breaches of covenants or conditions committed by the purchasers or Tenants of any other property on the Development and the Landlord cannot be obliged to take proceedings to enforce those covenants restrictions stipulations and conditions otherwise than in accordance with paragraph 4-or 5 of the Ninth Schedule
9. (Following the grant of the Management Lease) the rights set out in the First Schedule to the Management Lease so far as the same affect the Demised Premises
10. The rights reserved by the Lease dated 1 February 2002 made between British Waterways Board (1) and the Landlord (2) are set out below:-
10.1 To carry out works and build up to the extreme boundaries of adjoining or adjacent land notwithstanding access of light and air from time to time enjoyed by tlie Development shall be affected or diminished in any way
10.2 To the free and uninterrupted passage and running of water soil gas and electricity to and from the adjoining or adjacent land and buildings of the Superior Landlord through the Service Installation (if any) existing at the Premises prior to the commencement of the development of the Building pursuant to planning permission C/O 1314/0 11FUL (or any replacement therefor)
10.3 On giving at least 21 days' prior written notice (except in the case of emergency when no such notice shall be required) to enter onto such parts of the Development as shall be unbuilt upon for the purposes specified in the Superior Lease and for the
22 purposes of maintaining cleaning repairing altering or erecting any buildings on the adjoining or adjacent land of the Superior Landlord or for the purpose of maintaining inspecting cleaning or. repairing Service Installations serving such adjoining or adjacent land subject to the Superior Landlord carrying out such works as expeditiously as possible and causing as little inconvenience as possible and making good forthwith all damage occasioned to the Development by such entry to the Landlord's reasonable satisfaction
10.4 Subject to observing the terms of paragraph 10.3 with or without workmen to enter upon such parts of the Development as shall be unbuilt upon which are for the purpose of maintaining inspecting repairing. renewing reinstating altering or amending any fences walls banks abutment or retaining walls bridges and other works of the Superior Landlord on their adjoining or neighbouring land subject to the Superior Landlord carrying out the works as expeditiously as possible and causing as little inconvenience as practically possible and making good forthwith all damage occasioned to the Development by such event to the Landlord's reasonable satisfaction
10.5 To retain lock weirs beneath the Development
10.6 Support from the land comprised in the Development for the adjoining property of the Superior Landlord
10.7 Subject to the conditions contained in the Superior Lease for the Superior Landlord and its successors in title with or without workmen at all reasonable times to enter upon the unbuilt part of Development for the purpose of inspecting cleaning repairing and maintaining the lock weirs
10.8 Subject to the conditions and the provisions in the Superior Lease at all times and for the purposes pennitted by the Superior Lease to dredge that part of the Canal which is beneath the Development for the purpose of removing silt and other debris from the Canal in accordance with the Superior Landlord's statutory obligations and the right to enter on any part of the Development as are unbuilt upon to exercise this right in accordance with the provisions of the Superior Lease
10,9 The right to pass beneath those parts of the Development which are built over the C.anal forthe purpose of removing silt and debris from the Canal and to remove any decking required by the Superior Landlord to exercise the right subject to the • provisions of the Superior Lease.
23 THE SIXTH SCHEDULE
The Expenditure
Moneys reasonably, properly and actually expended or reserved for periodical expenditure by or OIi behalf of the Management Company at all times during the Term in respect of the following:-
I. Inspecting repairing re-building (substantially in accordance with the principles of the Development) maintaining renewing (by way of repair only) cleaning re- pointing improving or otherwise treating as necessary and maintaining the Maintained Property and every part of the same in good and substantial repair order and condition and renewing and replacing all worn or damaged parts
2. Contributing (where necessary) a fair proportion of the costs of inspecting repairing maintaining renewing and cleaning any Service Installations used in common by the Development and any adjoining or neighbouring land
3. Painting with two coats at least of good quality paint so often as may (in the reasonable opinion of the Management Company) ~ necessary and in a proper and workmanlike manner all the wood metal stone and other surfaces of the Maintained Property and the external surfaces of all exterior doors windows, woodwork and balconies of the Building and of the Apartments which usually are or ought to be painted and at least once in every five years and in the last year of the Term to paint decorate and colour all such parts. of the inside of the Maintained Property as -usually are or ought to be so dealt with and papering with paper of suitable quality such parts
as are usually papered
4. Cleaning as reasonably necessary the reasonably accessible external faces of all windows of the Buildings and the Apartments which are not accessible from the individual Apartments and the internal faces of all windows in the Buildings in so far as the same do not form part of the Apartments or Commercial Units.
S. Keeping the Maintained Property generally in a neat and tidy condition and in particular and without prejudice to the foregoing:-
SOl tending and renewing all lawns flower-beds shrubs and trees forming part of the Maintained Property as necessary
24 , .
5.2 providing repamng adding to maintaining and if necessary reconstructing any boundary wall hedge or fence and any other walls hedges or fences within the
Maintained Property
5.3 providing repairing adding to maintaining and if necessary (because the item is beyond economic repair) replacing any paths benches stairs seats or garden ornaments within the Open Space Area
Provided that the provision or addition of items to the Maintained Property (in accordance with paragraph 5.2 and 5.3 above) shall only be permitted in circumstances where the inclusion of such items is in the interest of tenants of Apartments and the Commercial Units within the Developmenras a whole and is in
the interest of good estate management
6. Insuring the Development (including the Maintained Property) and (subject to paragraph 6.5 below) the Apartments and any Tenant's fixtures and fittings for such sum as the Management Company reasonably believes to be the full reinstatement value (or if greater such other sum as a Relevant Proportion of the tenants for the time being of the Development shall reasonably require) against the Insured Risks and such other risks as are usual for a normal comprehensive policy for buildings similar to those on the Development and/or such other risks as shall be reasonably required by a Relevant Proportion of the tenants for the time being within the
Development provided:-
6.1 This provision is subject as mentioned in paragraph 4 of the Seventh Schedule
6.2 The insurance shall include an amount which (in the reasonable opinion of the Management Company) would be sufficient to cover the cost of demolition and clearing of buildings and any necessary planning applications or other approvals and 10 per cent of the sum insured for architects' and surveyors' fees
6.3 If the money receivable under any such insurance shall be insufficient to meet the cost of the necessary works of re-building repair or reinstatement to a design and specification equivalent (in so far as the same is reasonably practicable) to that of the Development prior to the damage caused by the Insured Risks then the deficiency shall be treated as a further item of expense under this Schedule recoverable from the Tenants of the Apartments accordingly
2S •
6.4 The insurance shall be effected in the joint names of the Landlord and the Management Company and cover shall extend to the tenants for the time being of the
Apartments and their mortgagees
6.5 The Landlord and the Management Company shall not insure those contents of the Tenant's Apartments which would no~ally be insured under a domestic contents insurance policy including but without prejudice to the foregoing items such as kitchen fittings which were included in the demise to the first Tenant of the Tenant's
Apartment
7. Insuring as the Management Company reasonably thinks fit any equipment fixtures fittings and furnishings provided in any part of the Building and in the Open Space
Area other than the Apartments
8. Maintaining any bin storage area and providing and arranging for the emptying of receptacles for normal household rubbish within any bin storage area f()r the use of
the occupiers of the Apartment
9. providing heat power and water together with the cleaning and lighting of the Maintained Property (with the exception of the Service Apartment) as reasonably
necessary
10. Providing operating repairing maintaining insuring and (if necessary solely due to the item being beyond economic repair) renewing and adding to any' security gates associated security apparatus security cameras, security lights, fire-fighting appliances, communal television aerials and satellite dishes, lighting apparatus, water pump, fire alarm system, heating and lighting system, any fixtures, fittings and furnishings of the Maintained Property and such other equipment or Service Installations as the Management Company from time to time may reasonably think
fit
11. Providing and paying such workmen as may be reasonably necessary in connection with the upkeep of the Maintained Property
12. Insuring any risks for which the Landlord or the Management Company may be liable as an employer of persons working or engaged in business on the Maintained Property or as the owner or leasehold owner of the Maintained Property or any part of it in such amount as the Management Company shall reasonably think fit
13. Paying all rates taxes duties charges assessments and outgoings whatsoever (whether parliamentary parochial local or of any other description) assessed charged or
26 imposed upon or payable in respect of the Maintained property or any part of it except in so far as the same are the responsibility of the individual owners of any
dwelling on the Development
14. Maintainingand repairing the Foot Bridge (if constructed)
15. Abating any nuisance and executing such works as may be reasonably necessary for complying with any notice served by a Local Authority in connection with the Maintained Property and/or the Development in so far as the same is not the liability of or attributable to the fault of any individual owner of any dwelling on the
Development 16. Paying any value added tax chargeable in respect of any of the matters referred to in this Schedule to the extent that the Management Company is. unable to recover the
amounts in question as input tax.
17. Preparing copying and supplying to the owners of the dwellings on the Development copies of any regulations notices or circulars made by the Management Company governing the use of the Apartments and/or the Maintained Property
18. Generally managing and administering the Maintained Property and protecting its amenities and for that purpose employing a firm of managing agents or consultants or similar and the payment of all reasonable and proper costs and expenses incurred
by the Management Company
18.1 in the employment of any managing agents
18.2 in the event that managing agents are not appointed in the running and management of the Development and the collection of the rents (if any) and service charges and in the enforcement of the covenants. and conditions and regulations contained in the leases and transfers relating to any dwellings on the Development and any regulations made by the Management Company under paragraph 19 of the Eighth
Schedule 18.3 in making such applications and representations and taking such action as the Management Company shall reasonably think necessary for the management of the Development in respect of any notice or order or proposal for a notice or order served under any statute order regulation or bye-law in relation to the Development save to the extent that compliance with such notice or order is properly the responsibility of the Tenant or any Under-Tenant of the Apartment or any owners of
the other dwellings on the Development and 27 •. 'ct. ,p
18.4 in the valuation of any part of the Development(s) from time to time for insurance
purposes
in the employment of the Concierge and the provision of the Service Apartment/or a 18.5 Reception Area for the Concierge's use and occupation including (without limitation) the payment of £1000 per month subject to annual review when the revised rent shall be determined to be the average sum which represents the difference between the two separate calculations of the open market rental for the service Apartment as at the relevant review date calculated by two independent chartered surveyors properly qualified and with relevant experience appointed by the Landlord (acting reasonably) the revised rent to be payable from the anniversary in each case of the term commencement date of the letting of the Service Apartment to the Landlord in respect of the rental due on the Service Apartment
Keeping proper records of all costs charges and expenses incurred in carrying out the 19. obligations imposed by this part of this Schedule and employing a properly qualified accountant for the purpose of auditing the accounts in respect of the Expenditure and certifying the total amount of the same for the period to which the accounts relate
Complying with the requirements and directions of any competent authority and with. 20. the provisions of all statutes regulations orders planning permission and byelaws relating to the Maintained Property except in so far as such compliance. is the responsibility of the owner of any individual dwelling on the Development
Administering the Management Company itself and arranging for all necessary 21. meetings to be held and complying with all relevant statutes regulations and orders and (if the Management Company thinks fit) employing a suitable person or firm to
deal with these matters
Such sum as shall reasonably be considered necessary by the Management Company 22. (whose decision shall be final as to questions of fact except in the case of manifest error) to provide a reserve fund or funds for items of future expenditure to be or expected to be incurred at any time in connection with the Maintained Property
Operating maintaining and (if necessary solely because the item is beyond economic 23. repair) renewing the lighting water and power supply apparatus from time to time of the Maintained Property and providing such additional lighting water or power supply apparatus as the Management Company may reasonably think fit l 28 •
24. Any expenses reasonably and properly incurred in rectifying or making good any inherent structural defect in the Buildings or any other part of the Development (except in so far as the cost thereof is recoverable under any insurance policy fpr the time being in force or from a third party who is or who may be liable therefor) and subject to the Landlord's and Management Company's obligation in paragraph 6 of the Ninth Schedule and paragraph 11 of the Tenth Schedule respectively any interest reasonably and properly paid on any money borrowed by the Management Company to defray any expenses incurred by it and specified in this Schedule (in accordance with the Management Company's obligations to provide the service in the Sixth Schedule) any costs imposed on the Management Company in accordance with paragraph 4 of the Tenth Schedule any legal or other costs reasonably and properly incurred by the Management Company and otherwise not recovered in taking or defending proceedings (including any arbitration) arising out of any lease or transfer of any part of the Development or any claim by or against any Tenant or transferee thereof or by any third party against the Management Company as owner Tenant or occupier of any part of the Development
25. The costs and expenses of any set up costs, connection fee and all associated costs and expenses incurred in the provision of any computer link, intranet and/or internet service connection, network web site, home page or other computer interface, intranet, internet or related matters within the Development
26. The costs of maintenance, repair, inspection, upkeep and renewal of any Service .Installations used exclusively by the Development if and until the same become maintainable at public expense
27. The proper costs and expenses incurred by the Management Company in the provision of any extra services reasonably provided by the Management Company pursuant to paragraph 8 of the Tenth Schedule
. 28. The proper costs and expenses incurred by the Management Company in the maintenance repair and replacement from time to time when reasonably necessary of the burglar alarms and secunty systems located on the Apartments on the ground and
first floor storeys
29
I •
THE SEVENTH SCHEDULE
The Service Charge Proportions of the Expenditure
1. The Management Company will notify the Tenant of the level of the Service Charge Proportions payable by the Tenant on the date of this Lease. Such proportions shall be certified by the Managing Agents for the time being of the LandlordlManagement Company whose certificate shall be final and binding on the Landlord Management
Company and the Tenant.
2. If at any time it should become (or should have been) necessary or equitable to do so the Management Company shall (acting reasonably) recalculate the Service Charge Proportions appropriate to all the Apartments and the Commercial Units comprising the Development (such recalculation to be made in each case by reference to the proportion which the floor area of each Apartment bears to the aggregate floor area of all other Apartments and/or Commercial Units which has the benefit of the particular service or services or by reference to any other fair and reasonable calculation) and will notify the Tenants accordingly and in such case from such date specified in the notice. the new Service Charge Proportions notified to the Tenant in respect of the Demised Premises shall be substituted for the previous Service Charge
Proportions
3. . The certificate of the Accountant for the time being as to the total amount of the Expenditure for the period to which the account relates shall (save in the case of manifest error or subject as mentioned below) be binding on the Management
Company and the Tenant
4. If the Tenant shall at any time during the Term object to any recalculation of the Tenant's Service Charge proportions pursuant to paragraph 2 above or any item of the Expenditure as being unreasonable or to the insurances mentioned in the Sixth Schedule being insufficient then after the Tenant has paid to the Management Company the Service Charge Proportions of the Expenditure in accordance with paragraph 6 of this Schedule the matter in dispute shall be determined by a person to be appointed for the purpose by the President for the time being of the Royal Institution of Chartered Surveyors acting as an expert and not as an arbitrator whose decision shall bind both parties ("the Expert"). After the decision of the Expert any overpayment by the Tenant shall either be credited against future payments due from
30 •
the Tenant to the Management Company under this Schedule or (if the Tenant so requests) repaid by the Management Company to the Tenant (such i'ayment to be made within 15 working days of receipt by the Management Company of the Tenants' written request) and any underpayment shall be paid to the Management Company within 15 working days of receipt by the Tenant of the Management
Company's written request
5. An account of the Expenditure (distinguishing between actual expenditure and reserve for future expenditure) for that Financial Year shall be prepared and the Management Company shall as soon as practicable after the date of each account serve on the Tenant a copy of such account and of the accountant's certificate
6. The Tenant shall pay to the Management Company the Service Charge in the
following manner:-
6.1 In advance on the 1st January and 1st July in every year throughout the Term one- half of the Service Charge reasonably and properly estimated by the Management Company or its managing agents as the Maintenance Expenses for the year ending on the next 31 December ("the Advance Payments"). The first payment to be apportioned if necessary from the date of this Lease
6.2 If the Service Charge for anyFinancial Year:
6.2.1 exceeds the Advance Payments for that Financial Year the excess will be paid by the Tenant to the Management Company on demand or
6.2.2 is less than the Advance Payments for that Financial Year the overpayment will be credited to the Tenant against the next Advance Payment of the Service Charge (and if appropriate any subsequent Advance Payments)
6.3 If the LandlordlManagement Company does not seek to recover any sum properly expended or liability properly incurred by it in connection with the Landlord's Services in any Financial Year the Management Company may nevertheless recover such sum or liability in any subsequent Financial Year
31 THE EIGHTH SCHEDULE
Covenants by the Tenant
Part One - Covenants enforceable by the Landlord
1.
1.1 To pay the yearly rents reserved by this Lease on the days and in the manner provided in this Lease without any deduction together with any value added tax on such rents which may from time to time be payable
1.2 To pay interest at fifteen percent (15%) per annum or at the rate of four percentum (4%) above Royal Bank of Scotland pIc (or such other bank as the Landlord shall reasonably nominate and notify to the Tenant) base rate from time to time (whichever is the highest at that time) on the yearly rents which shall be in arrears after 21 days from the date due until the date of actual payment
To yield up at the termination of the Term the Demised Premises together with the landlord's fixtures and appliances and any replacements in such good and substantial repair order and condition as shall be consistent in all respects with the due performance and observance of the covenants on the part of the Tenant and the conditions contained in this Lease
To pay all reasonable and proper costs charges and expenses (including reasonable and proper legal costs and fees payable to a surveyor and any value added tax on the same) incurred by the Landlord in any proceedings or the service of any notice under sections 146 and 147 of the Law of Property Act 1925 including the reasonable and proper costs charges and expenses of the inspection of the Demised Premises the drawing up of schedules of dilapidations and notices and any inspection to ascertain whether any notice has been complied with and such costs charges and expenses shall be paid whether or not forfeiture for any breach shall be avoided otherwise than by relief granted by the court
At any time within six calendar months next before the termination of the Term to permit intending Tenants and tenants authorised by order in writing of the Landlord or its agents to view the Demised Premises at reasonable hours in the daytime by
appointment
32
\ •
5. To perform and observe the restrictive and other covenants contained mentioned or referred to in the Property and Charges Register of the Title Numbers in so far as they relate to the Demised Premises and are still effective and to indemnify the Landlord against any liability resulting from their future breach or non observance
Part Two. Covenants enforceable by the Landlord and
the Management Company
To pay and discharge all rates taxes assessments charges duties and other outgoings 6. whatsoever whether parliamentary parochial or of any other kind which now are or during the Term shall be assessed or charged on or payable in respect of the Demised Premises or any part of them or by the landlord tenant owner or occupier in respect of the Demised Premises except any tax payable by the Landlord as a direct result of the ownership of or an actual dealing by the Landlord with its interest in the Demised Premises or the receipt by the Landlord of the rent
To pay to the Management Company the Service Charge at the times and in the 7. manner provided by this Lease and also to pay any value added tax chargeable in respect of the same and to pay interest at the rate of fifteen percent (15%) or four percentum (4%) above Royal Bank of Scotland plc (or such other bank as the Management Company shall reasonably nominate and notify to the Tenant) base rate from time to time (whichever is the highest at that time) on the Service Charge which shall be in arrears after 21 days from the date due until the date of actual
payment To keep the Management Company and the Landlord indemnified in respect of water 8. rates and charges for other services payable in respect of the Demised Premises which the Landlord or the Management Company shall from time to time during the Term be called upon to pay such sum or sums to be repaid to the Landlord or the
Management Company of 14 days on demand
To repair and keep the Demised Premises and the Balcony (if any) (but excluding 9. such parts of the Demised Premises as are included in the Maintained Property) and every part of them and all landlord's fixtures and fittings in and all additions to the Demised Premises in good and substantial repair order and condition at all times during the Term including the renewal and replacement forthwith of all worn or damaged parts but so that the Tenant shall not be liable for:-
\ 33 \ ,,' •
1. I 9.1 any damage which may be caused by any of the risks covered by the insurance referred to in paragraph 6 of the Sixth Schedule (save to the extent such insurance shall be wholly or partially vitiated by any act or default of the Tenant or other the occupiers of the Demised Premises or of any member of the family employee or visitor of the Tenant or such occupiers); or
9.2 any work for which the Management Company may be expressly liable under the covenants on the part of the Management Company contained in this Lease
Provided that prior to any maintenance or repair of the external doors and windows the Tenant must consult with the Management Company to arrange a suitable
person, firm or company to undertake the repair and/or maintenance
If the Tenant shall (in the exercise of the rights conferred upon him by paragraph 8 of the Fourth Schedule) require access to any other part of the Development to give at least forty-eight hours' notice in writing (except in cases of emergency) to the Management Company's agents and to the occupiers of that part of the Development to which the Tenant requires access and the Tenant shall on giving such notice be entitled to have access to such part of the Development but shall act carefully and. reasonably doing as little damage as possible to any part of the Development and making good all damage done at the Tenant's own expense
As often as may be necessary and at least once in every seventh year and in the year 11. preceding the termination of the Term to paint or otherwise treat in a proper and workmanlike manner all the internal parts of the Tenant's Apartment which usually are or ought to be painted or treated and to paper with paper of suitable quality such parts of the Tenant's Apartment as are usually papered
To clean all the interior surfaces of all windows of the Tenant's Apartment and all 12. the external surfaces which are accessible from the Tenant's Apartment at least once
in every four weeks
To permit the Landlord or the Management Company or their respective agents with 13. or without workmen and others at any convenient hours in the daytime (on at least 48 hours prior written notice or sooner in the case of emergency) to enter into and upon the Tenant's Apartment to take inventories of the landlord's fixtures fittings and appliances in and to view the condition of the Tenant's Apartment and upon notice being given to the Tenant specifying any repairs or works necessary to be done for which the Tenant is liable under this Lease to comply with the same without delay
34 \ 1 1
\ and if the Tenant shall not within thirty days after the service of such notice or I otherwise as soon as is reasonably practicable proceed diligently with the execution of such repairs or works then to permit the Landlord or the Management Company or their respective agents with or without workmen and appliances to enter upon the Demised .Premises and cause such repairs or works to be executed in accordance with paragraph 5 of the Tenth Schedule and the cost of the repairs or works shall be repayable within 14 days by the Tenant of written demand
To make good any damage to any part of the Development caused by any act 14. omission or negligence of any occupier of or person using the Demised Premises with theJenant's express authority and (without prejudice to the generality of the foregoing) not to damage or interfere with the aerials and services of the Development (whether or not attached to or included in the Demised Premises) or any fire-fighting appliances and equipment referredto in the Sixth Schedule
Not to bring into the Buildings the Demised Premises or the Apartment Parking 15. Space (if any) any article which will impose an excessive load on any part of the floor surface or any article which is or may become dangerous to the Development
or its occupiers
Not to do or permit or suffer any act or omission which may render any increased or 16. extra premium payable for the insurance of the Buildings or which may make void or voidable any such insurance or the insurance of other buildings within or adjoining the Development and so far as the Tenant is liable under this Lease to comply in all respects with the reasonable requirements of the insurers with which the Buildings may for the time being be insured and of which the Tenant has received prior written
notice
To make good to the Management Company immediately all loss or damage 17. (including the amount of any increased insurance premium) sustained by the Management Company as a result of any breach of the covenant contained in paragraph 16 of this Schedule
Not to do or permit or suffer to be done any matter or thing on or in respect of the 18. Demised Premises which contravenes the Town and Country Planning Act 1990 or any enactment amending or replacing it and to keep the Landlord' and the Management Company indemnified against all claims demands and liabilities in respect of any such contravention I 35 •"1"
To comply with and make every reasonable endeavour to ensure that all persons. \ 19. living in or visiting (with the Tenant's express authority) the Tenant's Apartment or any part of the Maintained Property shall comply with all such regulations (as have been previously notified to the Tenant in writing) as the Management Company shall from time to time reasonably make for the preservation of the amenities of the Buildings the Common Parts and the Open Space Area or for the general convenience of the occupiers of the Buildings (the Management Company having the power to vary or add to such regulations from time to time as it thinks fit)
20. To deliver to the Landlord and the Management Company forthwith fonowing . receipt by the Tenant a copy of every notice or other document of whatever description affecting or likely to affect the Demised Premises or any part of them received by the Tenant from any authority or person whatsoever whether such notice or other document is served on the Tenant or on any sub-tenant of the Tenant and at the reasonable request of the Landlord or the Management Company to make or join with the Landlord or the Management Company in making such reasonable objections or representations against or in respect of any such notice or other document as the Landlord or the Management Company shan reasonably consider
expedient
21. To comply in an respects at the Tenant's own cost with the provisions of any statute statutory instrument order rule or regulation and of any order direction or . requirement made or given by any planning authority or the appropriate minister or court (whether requiring anything to be done or omitted by landlord tenant or occupier) so far as the same relates to the Tenants occupation and use of the Demised Premises and the same is not the express responsibility of the Landlord, the Management Company or any other persons under the terms of this Lease and forthwith following receipt to give notice in writing to the Landlord and the Management Company of the making or giving of any such order direction or
requirement
Not to cut maim or injure nor to make any breach in any part of the structure of the 22. Tenant's Apartment nor without the previous consent in writing of the Landlord or its agents (such consent not to be unreasonably withheld or delayed) to make any alteration whatsoever to the plan design or elevation of the Tenant's Apartment nor to make any openings in the walls nor to open up any floors wans or ceilings for the purpose of altering repairing or renewing any pipes wires ducts or conduits nor to alter any of the landlord's fixtures fittings or appliances in the Tenant's Apartment And not in any case to commit or allow any waste or spoil on or about the Demised
36 Premises nor to display any window boxes hanging baskets or aerials or satellite dishes on or from the Demised Premises (except aerials or satellite dishes placed there by the Landlord or the Management Company)
23. On making application for any consent from the Landlord to submit to the Landlord or its agents such plans block plans elevations and specifications as the Landlord or its agents shall reasonably require and to pay the Landlord's reasonable and proper legal and surveyors' fees (and any irrecoverable value added tax on such fees) in connection with any such application and to carry out any work authorised only in accordance with the approved details making use of good quality materials all of which shall be subject to inspection and approval by the Landlord or its agents
24.
24.1 Not to underlet a part or parts of the Demised Premises and not to assign transfer charge or part with the possession or occupation of only a part or parts of the
Demised Premises.
During the last seven years of the term of years granted by this Lease not to assign 24.2 transfer underlet or part with the possession or occupation of the Demised Premises I without the prior written consent of the Landlord (not to be unreasonably withheld or I delayed) ! On the occasion of every assignment or transfer of the Demised Premises for the 24.3 unexpired portion of the Term and in every underlease of the whole of the Demised Premises (otherwise than in relation to an underlease in the form of an assured 1 shorthold tenancy or a company letting) to insert a covenant by the assignee transferee or underTenant (as the case may be) directly with the Management Company to observe and perform the covenants on the part of the Tenant and
Ij conditions contained in this Lease (other than payment of the rents reserved under I !, the terms and conditions of this Lease in the case of any underletting which for the
1 avoidance of any doubt shall remain to be performed by the Tenant) ! On the occasion of every assignment or transfer of the Demised Premises for the 24.4 I unexpired portion of the Term to forthwith transfer the Tenant's share in the I Management Company (if issued at the time of the disposition) to the I assignee/transferee of the Lease. 1 Within one month after the date of the execution or coming into effect of any and 25. 1 every assignment transfer mortgage charge underlease or tenancy agreement J. <
37 T
\, I ,I i (including any immediate or derivative underlease or tenancy agreement) of the whole or part of the Demised Premises for any term assignment of such underlease or grant of probate or letters of administration order of court or other matter disposing of or affecting the Demised Premises or devolution of or transfer of title to the same to give or procure to be given to the solicitors of the Landlord and ! separately to the solicitors of the Management Company notice in writing of such disposition or devolution or transfer of title with full particulars and in the case of an underlease (and if required by the Landlord or the Management Company) a copy of \ the underlease for registration and retention by it And at the same time to produce or cause to be produced to them the document effecting or (as the case may be) evidencing such dispOSition or other matter And to payor cause to be paid at the same time to the Landlord's solicitors and to the Management Company's solicitors I such reasonable fee appropriate at the time of registration (but not being less than thirty five pounds in each case and in addition the value added tax on the same) in respect of any such notice perusal of documents and registration affecting the
Demised Premises
Not to interfere with nor obstruct in the performance of the duties from time to time 26. properly imposed upon him by the Management Company in connection with the management of the Development any employee of the Management Company and not to carry out ally work of decoration repair maintenance or otherwise on the exterior of the Buildings and not to carry out any work of decoration or painting on the external doors of the Demised Premises or on the external window frames of the
Tenant's Apartment
27. To indemnify the Landlord and the Management Company against any claims by occupiers of or visitors to the Demised Premises insofar as the Tenant has legal liability other than claims resulting from a breach by the Landlord or the Management Company of its obligations under this Lease or any matter covered by the insurance maintained under the Sixth Schedule
1 The Tenant may not assign, transfer or otherwise dispose of this Lease within a I 28. I period of 3 calendar months from the date of practical completion of the Development without the prior written consent of the Landlord which shall not be \ i unreasonably withheld or delayed provided that any mortgagee in possession of the ! Demised 'premises may transfer or assign the Lease free of this covenant.
\ To arrange for the annual servicing by a properly qualified heating engineer of the 29. l gas heating system in the Demised Premises and to provide a copy of the current \ ,I 38 .,- . 1,
annual servicing certificate to the Management Company on demand and if the Tenant is unable to supply evidence of an annual service having taken place within 12 months of a request by the Management Company, then the Management Company may enter the Property with properly qualified workmen to service the said apparatus and the Management Company shall be entitled to recover the costs of such service from the Tenant.
Part Three. Covenants enforceable by the Landlord and
the Management Company and Tenants of other Apartments
To use the Tenant's Apartment as Ii private residence with ancillary uses thereto and 30. not to use or allow to be used the Demised Premises in any other manner
I Not to use the Apartment Parking Space (if any) in any other manner than for the 31. 1 parking of private motor vehicles not exceeding three tonnes in gross laden weight or I bicycles or motorcycles or jet skis only within the curtilage of the Apartment Parking Space. For the avoidance of doubt no more than one vehicle of the type referred to I above shall be allowed to occupy the Apartment Parking Space.
\ Not to use the Demised Premises for the storage of any flammable or hazardous 32. I materials 33.
Not to allow any motor vehicle wheeled vehicle or other form of transport to be I 33.1 I parked on any part of the Development except that:- 33.1.1 private motor vehicles (not exceeding three tonnes in gross laden weight) I and/or motor cycles and/or bicycles and/ or jet skis may be parked on the Apartment Parking Space
or collecting goods may be parked temporarily as 33.1.2 vehicles delivering arranged with and directed by the Concierge and/or, the Management Company
Not to carry out any repair or maintenance work or filling or emptying of tanks to 33.2 , any powered wheeled vehicle within the Development j Not to obstruct any part of the Development other than temporarily in accordance 33.3 with Clause 32.1.2 above 1l I.. 39 j I 33.4 Not to allow or cause to be allowed the deterioration of any vehicle under the control of the Tenant of its servants agents or tenants on the Development to an unreasonable condition or to abandon any vehicle whatsoever on any part of the Development or to allow any untaxed vehicle to be brought onto any part of the Development and in the event of any breach of this covenant it shall be lawful for the Management Company without prejudice to its rights hereunder to arrange for the removal of such neglected or abandoned vehicle and to recover from the Tenant any costs properly incurred by them in so doing
33.5 Not to knowingly allow any occupier of or visitor to the Demised Premises to
infringe covenants 32.1 to 32.6 above
34. Not to make any additional changes or alterations to the exterior of the Demised Premises including without limitation any alterations to the fenestration glazing
doors balconies terraces and railings
35. Not to use or permit or suffer the Demised Premises to be used for any illegal immoral or improper purpose and not to do permit or suffer on the Demised Premises any act or thing which shall or may be or become a nuisance damage noisome annoyance or inconvenience or perfortn any illegal act to the Landlord or to the Tenants or occupiers of any other Apartment or to the owners or occupiers of the Development or to the owners or occupiers of any neighbouring property and to pay all costs charges and expenses of abating ~ nuisance and executing all such work as may be necessary for abating a nuisance or for .carryingout works in obedience to a notice served by a Local Authority in so far as the same is the liability of or wholly or partially attributable to the default of the Tenant
36. Not to exhibit any notice advertisement nameplate or placard of any kind upon the
Demised Premises
That if (save as provided in paragraph 4 of the Ninth Schedule) the Management 37. Company goes into liquidation for any reason (whether compulsory or voluntary) or fails to substantially observe and perform its covenants under this Lease then in any such case the Tenant will join with the Tenants of the other Apartments on the Development in arranging for the carrying out of the works and matters mentioned in the Sixth Schedule the Tenant contributing the Service Charge Proportions of the
expense of so doing
Not to place any backboard of whatever type against the balcony railings 1 38. . ,I i 40 39. Not to place, hang or leave any washing lines, towels or other washing on, over or below the balcony and/or railings at the Demised premises or so as to be visible from
the ground.
40. Not to place or leave on the balcony or within the Common Areas any furniture of an internal or patio style unless the same is made of high quality wood designed to be used and kept outside and in a style and size consistent and sympathetic with the . Development and the principles of good estate management
41. Not to play any games in the Common Parts or the Open Space Area
42. Not to place attach or erect any awning, window-box, or other thing to the exterior of any Apartment Provided that the Tenant may affix an external light on the terrace of the Apartment with the previous consent of the Landlord and/or the Management. Company (not to be unreasonably withheld)
43. Not to use or operate a barbecue or other form of outside cookery equipment powered by coal, charcoal, wood, gas or other form of fuel at or outside of the
Demised Premises
Not to make any alterations, repairs and renewals to electric wiring and gas and 44. water pipes or any service installations without the written permission of the \ Management Company and electric installations shall not be overloaded.
I Not to play or use any musical instrument, radio, television set, video player, tape or 45. j, disc player, so as to cause nuisance or annoyance to the occupier of any other ! apartment and in particular between the hours of 12 midnight and 7.00 am they shall 1 not be used so as to be audible in any other apartment
. 46. Not to use any electrical appliance inthe Demised Premises unless it has an effective
suppresser
47. Not to go on to the roof or into any loft space, eaves or roof voids of the Buildings
(except in emergency)
48. Not to bring or keep any domestic pets or other animals or birds at the Apartment without the Management Company'~ prior written conSent
49. To stand as an officer of the Management Company ifreasonably so called upon to
do so
41 In the event of the Tenant taking delivery of, or bringing to the Demised Premises a. 50. large or bulky item or when undertaking any removals, the Tenant must liaise with the Concierge and abide by the reasonably requirements of the Concierge and Management Company in advance and/or the Management Company
Not to install any burglar alarm or other electronic security system in the Demised 51. Premises
Not to erect any pole mast or wire satellite dish or similar receiving apparatus 52. (whether in connection with telegraphic telephone radio or television communication or otherwise) upon the balcony or outside wall of the Demised Premises
42 THE NINTH SCHEDULE
Covenants on the part of the Landlord
l. To ensure that the leases granted by the Landlord of all other parts of the Buildings contain covenants on the part of the various Tenants to observe substantially the same obligations as are contained in the Eighth Schedule
2. That the Tenant paying the rents reserved by and performing and observing the covenants on his part and the conditions contained in this Lease shall peaceably hold and enjoy the Demised Premises and the rights granted by this Lease during the Term without any interruption from or by the Landlord or any person lawfully
claiming under or in trust for it
3. That if the Management Company goes into liquidation for any reason (whether compulsory or voluntary) or fails to observe and perform its covenants under this Lease then in any such case unless the Management Company is or was immediately before such liquidation controlled by the Tenants of the Development the Landlord will comply with and perform the Management Company's obligations under the
Tenth Schedule
4. Subject to paragraph 3 of this Schedule if the Management Company goes into liquidation for any reason (whether compulsory or voluntary) or fails to substantially observe and perform its covenants under this Lease in circumstances where the Management Company is controlled by the Tenants of the Development then in any such case the Landlord will join with the Tenants of the other Apartments and Commercial Units on the Development in arranging for the carrying out of the works and matters mentioned in the Sixth Schedule the Landlord contributing such proportion of the Expenditure as may be due from time to time under Paragraph 5 below (the Tenant contributing the Service Charge pursuant to paragraph 37 of the
Eighth Schedule)
To contribute such proportion of the Expenditure as may be referable at any time 5. during the Term to any unlet Apartments (on the basis of the proportions which would have been chargeable and payable in respect of such Apartments had they been let at that time on terms equivalent to those in this Lease) Provided always that \ the Landlord's liability in respect of each Relevant Block under this paragraph 5 1
I 43 I shall not commence until practical completion of construction of each Relevant Block as appropriate
6. The Landlord confirms whilst the Management Company is owned or controlled by the Landlord it will if reasonably requested by the Tenant use all reasonable endeavours to enforce the contractor's obligations in the building contract or the professional team under collateral warranties in relation to damage caused by latent or inherent defects and will apply any funds or damages recovered thereunder towards the cost of remedying such damage
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44 THE TENTH SCHEDULE
Covenants on the part of the Management Company
1. To carry out the works and do the acts and things set out in the Sixth Schedule
Provided:-
1.1 The Management Company shall in no way be held responsible for any damage caused by any disrepair of or defects in the Development for which the Management Company is liable under this Lease unless and until notice in writing of any such disrepair or defect has been given to the Management Company and the Management Company has failed to make good or remedy such disrepinr or defect within a reasonable time of receipt of such notice
1.2 Nothing contained in this covenant shall prejudice the Management Company's right . to recover from the Tenant or any other person the amount or value of any loss or damage suffered by or caused to the Management Company or the Maintained Property by the negligence or other wrongful act or default of such person
1.3 The Management Company shall not be responsible for any loss or inconvenience occasioned by the breakdown of or any stoppage for repairs or any other reason beyond the Management Company's control of any water gas electricity or telephone supplies or other services Provided that the Management Company shall take all such steps as may be reasonable to minimise such loss or inconvenience (by restoring the relevant supply or otherwise) as soon as is reasonably practicable after becoming aware of the stoppage or breakage
1.4 The Management Company shall not be liable for any failure to provide employees and workmen necessary in connection with the Development if it shall have used its reasonable endeavours to obtain them
2. To use all reasonable endeavours to recover the contributions towards the cost of the matters referred to in. the Sixth Schedule which may be due from the tenants and transferees of any of the other Apartments
The Management Company shall ensure that the reserve fund or funds referred to in 3. the Sixth Schedule shall be kept in a separate trust fund account and any interest on or income of the said fund shall be held by the Management Company in trust for the tenants of the Apartments on the Development and shall only be applied in connection with the matters detailed in the Sixth Schedule
45 , • T. ,
Forthwith unless prevented by government or other regulations strikes lockouts and \ 4. other causes beyond the Management Company's control to arrange for the rebuilding repairing or reinstating in a good and substantial manner such parts of the Development as shall from time to time be destroyed or damaged applying for the purpose the money to be received by virtue of the insurance of the Maintained Property referred to in the Sixth Schedule
5. If the Management Company shall (in exercise of the rights reserved in the Fifth Schedule) require access to the Demised Premises to give at least forty-eight hours' notice in writing (except in cases of extreme urgency) to the Tenant the Management Company on giving such notice being entitled to carry out such repairs or other works as may be reasonably necessary and in so doing to have any required access to the Demised Premises but so that the Management Company shall act carefully and reasonably doing as little damage to the Demised Premises as may be and making
good all damage done
6. If so required by the Tenant for the reasonable protection of the Demised Premises to enforce or assist the Tenant in enforcing the covenants entered into or to be entered into by a Tenant of anyone or more of the other dwellings on the Development provided that the Tenant shall (if required) indemnify the Management Company against all costs and expenses in respect of such enforcement and provide such security for the costs and expenses as the Management Company may reasonably
require
7. To provide the Tenant on demand with a certificate for the purposes of clause 6.16 provided that the provisions set out in paragraphs 24.3 and 2S of Part Two of the Eighth Schedule shall have been reasonably complied' with
8. The Management Company may introduce new services for the benefit of the Maintained Property at any time and it shall be entitled to recover the costs of such new services pursuant to the provisions of the Sixth Schedule Provided that such services are for the benefit of all or a Relevant Proportion of the Tenants in the Relevant Block and Provided further that the Management Company shall act in the interests of good estate management in the exercise of its rights under this paragraph
9. The Management Company may withdraw any services listed in this Lease or in future provided pursuant to paragraph 8 above at any time if the Management Company in its reasonable opinion no longer deems the said service desirable and/or necessary according to the principles of good estate management Provided that such
46 services are for the benefit of all or a Relevant Proportion of the Tenants in the RelevantBlock and Provided further that the Management Company shall act in the interests of good estate management in the exercise of its rights under this paragraph
10. The Management Company and the Landlord acknowledge that where reference is made to "rebuilding" "reconstructing" "renewing" and/or "replacing" in the Sixth Schedule such references shall be deemed to include a proviso to the effect that such works are carried out because the relevant item or parts of the Development cannot otherwise economically be repaired and/or are necessary in the course of repair and/or are part of an ongoing programme of maintenance and repair in all cases, are carried out in the interests of good estate management
II. The Management Company confirms that if reasonably requested by a Relevant Proportion of the Apartments and Commercial Units it will use all reasonable endeavours to enforce the obligations of the building contractor and the professional team under collateral warranties in relation to any damage caused by any inherent or latent defect and will apply any funds or damages recovered thereunder towards the cost of remedying such damage
For the avoidance of doubt the Management Company and the Landlord hereby 12. agree and declare that the cost of carrying out the development of any substantial I extension to the Development as existing at the date of this Lease shall be borne by the Landlord and shall not be recharged to or recoverable from the Tenant (or any other Tenant) in whole or in part by way of service charge or otherwise I I I I 1 I 1 I i I
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EXECUTED AS A DEED by MCD (FLEET) LLP Acting by:-
EXECUTED AS A DEED by ISLINGTON GATES MANAGEMENT COMPANY LIMITED Acting by:-
Director
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