HOME INFORMATION PACK
FLAT 13 SANDERSTEAD HEIGHTS 3 ADDINGTON RD SOUTH CROYDON SURREY CR28RE
PREPARED BY-
MANCH ESTERS SOLICITORS 21 LIMPSFIELD ROAD SANDERSTEAD SURREY CR2 9LA WWW.MANCHESTER5.CO.UK
TEL: 0208 657 5599 INDEX Home Information Pack Index
Insert address of property to be sold below and include postcode.
Flat 13 Sanderstead Heights 3 Addington Road Sanderstead South Croydon CR2 8RE
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 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 atwww.homeinformationpacks.gov.uk
Page 1 of 1 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 A 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 fs expected. s 1. Index
2a. Energy Performance ti Certificate and Recommendation Report; or 2b. Predicted energy n Assessment 3a. Sustainability n certificate; or 3b. Interim sustainability n certificate; or 3c. Nil-rated certificate n
4. Sale statement
Title information / 5. Official copy of the individual register (for registered properties only) / 6. Official copy of the title El plan (for registered properties only) 7. Certificate of official n search of the index map (for unregistered properties only) 8. Documents provided by n seller to prove title (for unregistered properties only)
Page 2 of 2 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document £ 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. 9. Leases, tenancies or [vf 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 10. Local land charges n irr U ps^\0^ o/i x. • s. D 1 11. Local enquiries n -^ - 12. Drainage and water n enquiries -dtfroJ-tt- -
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 £ 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 D individual register and title plan for common parts 2. Land Registry copy of n commonhold community statement
Page3 of 3 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document £ with date and any further property: information • Confirmation that proof of the request for the document is included (tor 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. Management rules D and regulations outside the commonhold community statement 4. Requests for payment D towards commonhold assessment for the past 12 months 5. Requests for payment D towards reserve fund for the past 12 months Requests for payment D towards insurance for common parts for the past 12 months (if separate to commonhold assessment or reserve fund) Name and address of D managing agents and/or other manager (current and any proposed)
Amendments proposed to the commonhold community statement, and other rules 9. Summary of works n affecting the commonhold (current and any proposed)
Page 4 of 4 Column 1 Column 2 Column 3
Home Information Pack Included If it is a required document for your document £ 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 n commonhold interest has not been registered at the Land Registry: the proposed commonhold community statement and an estimate of costs expected of the 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 A wit" 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 5 PART 4 - Authorised Documents
Home Information Pack document Included A date on document and any further information Please list any authorised documents that have been included relevant to this property below: 1. D
2. D
3. D
4. D
5. D
6. D
7. D
8. D
9. D
10. D
11. D
12. D
13. D
14. D
15. n
16. D
17. a
18. a
19. n
Page 6 of 6 PROPERTY INFORMATION QUESTIONNAIRE Property Information Questionnaire Parti
Date completed
Address of the property / __> 3
>**s [Postcode] c A. 2, tf £ *
Name of the seller
About this form This form should be completed by the seller. The seller may be 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 (e.g. a power of attorney) or be selling in some other capacity. The form should be completed and read as though the questions were being answered by the owner.
[Instructions to the seller] If you are the seller, you should be aware that:
Answers given in this form should be truthful and accurate to the best of your knowledge. The questions have been designed to help the smooth sale of your home. Misleading or incorrect answers are likely to be exposed later in the conveyancing process and may endanger the sale.
Information included in this form does not replace official documents or legal information. You should be prepared to provide such documents on request in support of the answers given in this form.
If you hold any guarantees for work on your property, your buyer's conveyancer is likely to ask for evidence, which it is in your interests to make available as soon as possible.
If anything changes to affect the information given in this form prior to the sale of your home, you should inform your conveyancer or estate agent immediately.
www.Iawsociety.org.uk The Property Information Questionnaire is reproduced under the terms of Crown Copyright Policy issued by HMSO. The text in this form, except text within square brackets, is prescribed by the Home Information Pack {No 2) Regulations 2007. Printed by Shaw & Sons Ltd, Crayford, Kent, DA1 4B2
COPYRIGHT QFY31749 Cat. No. TAOO [Instructions to the estate agent] If you are an estate agent, you should be aware that:
This form should be completed by the seller but it is your responsibility to ensure that it is included in the Home Information Pack.
The Property Misdescriptions Act 1991 does not apply where the form has been completed solely by the seller.
[Instructions to the buyer] If you are the buyer, you should be aware that:
The information contained in this document should have been completed truthfully and accurately by the seller. However, the information only relates to the period during which the seller has owned the property (see question 1) and does not replace official documents or legal information and you should confirm any information with your conveyancer.
[Directions to the seller] The seller must provide the information set out in Part 1 of this questionnaire.
Where the property being sold is a leasehold property the seller must also complete Part 2 of this questionnaire.
©Law Society 2009 P1Q Part 1 1 When was the property purchased?
2 Is your property a listed building or contained building?
3 What council tax band is the property in?
Note: Buyers should be aware that improvements carried out by the seller may affect the property's council tax banding following a sale.
4 What parking arrangements exist at your property? parking space
-Q G"n street '" _ ,_"-'..• LJ Resident permit ' 'QJ-Metefed parking. •-•' CH Scared parking [~| Other (specify) • •
Has there been any damage to your property as a result . i i y*^ i vl r\ of storm or fire since you have owned it? If Yes, please i, • ••^s®^^--^.^,^^^?^ give details: :Qp°n'fl 6 If you have answered Yes to question 5, was the damage • the subject of an insurance claim? If Yes, please state ;.. whether any of these claims are outstanding: '=' 1'Don't k^how;-^'""':'' •"•'•*'' ©Law Society 2009 PIQ Part 1 7 Are you aware of any flooding at your property since you r-j yes No have owned it or before? If Yes, please give details: Have you checked the freely available flood risk data at r—\e Environment Agency's website •_ -^r-vV^--/ ,. (http://www.environment-agency.gov.uk)? If Yes, please LJ Don't know give details: If No, the buyer is advised to check the Environment Agency website for an indication of the flood risk in the area. Has there been any treatment of or preventative work X for dry rot, wet rot or damp in the property since you have owned the property? If Yes, please give details of I I Don't know any guarantees relating to the work and who holds the guarantees: 10 Is there central heating in your property? If Yes, please Yes. -.v give details of the type of central heating (examples: gas _ - --.'-, *, • - .D NO; fired, oil fired, solid fuel, liquid gas petroleum): I | Don't know 11 When was your central heating or other primary heating -Year system last serviced [and is a report of the service available]? Q Not serviced ^ i__j _,_.don'. t know Q^'fegprt.is'ayajlab'ie; :*," I | ATeportls''not''ay'ailab'le IL „,.,.., 12 When was the electrical wiring in your property last .Year checked [and is a report of the check available]? Not checked , . Don't know A report is available |~1 A report is not available ©Law Society 2009 PIQ Part 1 13 Please indicate which services are connected to your property: Connected [a] Electricity [0Ye*••••' s ; No! [b] Gas [c] Water mains or private water supply [d] Drainage to public sewer [tJ/T-Yes I [ No] if not connected, please indicate whether there is a: [i] cesspool OYes - [UNo] [if] septic tank 'ED Yes DNO] [e] Telephone [0Yes DNO] [f] Cable TV or satellite DNO] X _, [g] Broadband [0Yes DNO] 14 Have you carried out any structural alterations, additions DYes , No or extensions (e.g. provision of an extra bedroom or 3$ i bathroom) to the property? I | Don't know (a) If Yes, please give details of the nature of the work: (b) Was building regulation approval obtained? I | Don't know _ f . . 1 i Yes"***5' ''* 1 | No" (c) Was planning permission obtained? 1 1 Don't know : LJYes ^ _ (d) Was listed building consent obtained? LJ No I 1 Don't know If the response was No for any of (b) to (d), please state why not (e.g. 'Not required' or 'Work completed under approved person scheme'): 3 Law Society 2009 PIQ Part 1 15 Have you had replacement windows, doors, patio doors or double glazing installed in your property? If Yes, please give details of changes and guarantees, if held: I | Don't know 16 Do you have right of access through any neighbouring homes, buildings or land? If Yes, please give details: 17 Does any other person have a right of access through your property? If Yes, please give details: I | Don't know 18 Is your property a leasehold property? If Yes, please complete Part 2 of this questionnaire. If No, there is no need to complete Part 2 of this questionnaire. © Law Society 2009 PIQ Part 1 [Property Information Questionnaire] Part 2 [Instructions to the seller] Only complete this Part if the property is a leasehold property. If the lease is a new one and has not yet been granted, please answer the questions based on the draft terms of the lease. [Instructions to the buyer] Before entering into a binding commitment, buyers should confirm any matter relating to the leasehold ownership by reading the lease and checking the position with their conveyancer. [Note: See the explanatory notes to questions 19-24 on page 8] 19 What is the name of the person or organisation to whom you pay: • .Too do (~~7 o o/ (a) ground rent, and o '3 j"0 L. t TA */*•£ (b) service charges (if different from (a) above) 20 How many years does your lease have left to run? 21 How much is your current annual ground rent? 22 How much is your current annual service charge"? 23 How much is your current annual buildings insurance premium (if not included in the service charge)? 24 Are you aware of any proposed or ongoing major works r~i y to this property? If Yes, what type of works are they and what is the expected cost relating to this property (if I | Don't know known)? 25 Does the lease prevent you from: Q Yes Q No (a) subletting? ^7- ~h if- PI Don't know, - x 'i-'^^t'^ie _ | | Yes- [ I No (b) keeping pets? /Z6F£-*- l° Don't know © Law Society 2009 PIQ Pact 2 26 Does the lease allow you to: Yes DNO (a) use a car park or space? Don't know (b) have access to a communal garden (where applicable)? V^o«.' ^eA<^ fa Le« |~1 Don't know 27 Leases often permit or prevent certain types of activity D Yes D No relating to the use of the property, those referred to in question 25 are examples. Are there any other I't know conditions or restrictions in the lease which could significantly impact on a person's use of the property? If Yes, please specify: Explanatory notes to numbered items 19: The landlord wili normally be the person to whom the ground [on page 7] rent is payable, although it is possible that an agent may be employed to collect this on the landlord's behalf. The person or the organisation to whom the service charge is payable may be your landlord or head landlord or a residents' management company - you should find the landlord's details on your latest service charge demand. It is also possible that an agent has been employed to collect service charges on their behalf. 20: The number of years is calculated by taking the original number of years the lease was granted for and deducting the number of years that have expired since the lease was first granted. 21: This information will be found in the lease. 22: This information should be found on the previous year's service charge demands. 24: Leaseholders should have been notified of this as part of the required consultation process where their contribution towards the work exceeds £250. Please note: All leaseholders should have their own copy of the lease although sometimes this is held by the mortgage lender or the conveyancer who handled the purchase. A copy can normally be obtained from the Land Registry - www.landregisteronline.gov.uk. It is unlikely that the managing agent will be able to provide a copy of the lease. The Law Society is the representative body for solicitors in England and Wales © Law Society 2009 ENERGY PERFORMANCE CERTIFICATE Energy Performance Certificate Flat 13 Sanderstead Heights Dwelling type: Ground floor flat 3, Addington Road Date of assessment: 26 August 2009 SOUTH CROYDON Date of certificate: 27-Aug-2009 CR2 8RE Reference number: 8403-3766-5620-8626-6813 Total floor area: 69 mz 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 (CO2) emissions. Energy Efficiency Rating Environmental Impact (CO3) Rating Current Potential Very environmentally friendly -lower CO, emissions 75 139 - 54} EU Directive England & Wales England & Wales 2002/91/EC The energy efficiency rating is a measure of the The environmental impact rating is a measure of a overall efficiency of a home. The higher the rating, home's impact on the environment in terms of carbon the more energy efficient the home is and the lower dioxide (COj) emissions. The higher the rating, the the fuel bills are likely to be. less impact it has on the environment. Estimated energy use, carbon dioxide (COS) emissions and fuel costs of this home Current Potential Energy use 248 kWh/mz per year 183 kWh/m2 per year Carbon dioxide emissions 2.8 tonnes per year 2.1 tonnes per year Lighting £60 per year £37 per year Heating £367 per year £301 per year Hot water £153 per year £1 17 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. This EPC and recommendations report may be given to the Energy Saving Trust to provide you with information on improving your dwelling's energy performance. For advice on how to take action and to find out about offers available to help make your home more energy efficient call 0800 512 012 or visit www.energysavingtrustorg.uk/myhome Page 1 of 6 Flat 13 Sanderstead Heights, 3, Addington Road, SOUTH CROYDON, Energy Performance Certificate CR28RE 27-Aug-2009 RRN: 8403-3766-5620-8626-6813 About this document The Energy Performance Certificate for this dwelling was produced following an energy assessment undertaken by a qualified assessor, accredited by the NHER Accreditation Scheme, 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: SAVA001125 Assessor's name: Mr Christopher Hall Company name/trading name: HQ Surveys Address: Court Farm Road, 35 , Warlingham, Surrey, CR6 9BL Phone number: 07790541173 Fax number: 08444437370 E-mail address: [email protected] 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.nher.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 - the Government is the controller of the data on the register Learn more about energy efficiency and reducing energy consumption. NESone Version 5.7.0 (SAP 9.82} Page 2 of 6 Recommended measures to improve this home's energy performance Flat 13 Sanderstead Heights Date of certificate: 27-Aug-2009 3, Addington Road Reference number: 8403-3766-5620-8626-6813 SOUTH CROYDON CR2 8RE 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 perlormance Element Description Energy Efficiency Environmental Walls Cavity wall, as built, insulated (assumed) Good Good Roofs (another dwelling above) - - Floor Suspended, no insulation (assumed) - - Windows Fully double glazed Average Average Main heating Boiler and radiators, mains gas Good Good Main heating controls Programmer and room thermostat Poor Poor Secondary heating None - - Hot water From main system Good Good Lighting Low energy lighting in 38% of fixed outlets Average Average Current energy efficiency rating C70 let (CO2) Low and zero carbon energy sources None Page 3 of 6 Flat 13 Sanderstead Heights, 3, Addington Road, SOUTH CROYDON, Recommendations CR2 8RE 27-Aug-2009 RRN: 8403-3766-5620-8626-6813 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. Lower cost measures Typical savings Performance ratings after improvements (up to £500} per year Energy efficiency Environmental impact 1 Low energy lighting for all fixed outlets £18 C72 D67 2 Upgrade heating controls £18 C73 CG9 Sub-total £36 Higher cost measures 3 Replace boiler with Band A condensing boiler £89 C78 C75 Total £125 Potential energy efficiency rating C78 Potential environmental impact (CO-) rating C75 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 (CO,) emissions. Page 4 of 6 Flat 13 Sanderstead Heights, 3, Addington Road, SOUTH CROYDON, Recommendations CR2 8RE 27-Aug-2009 RRN: 8403-3766-5620-8626-6813 About the cost effective measures to improve this home's performance 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. 2 Heating controls (thermostatic radiator valves) Thermostatic radiator valves allow the temperature of each room to be controlled to suit individual needs, adding to comfort and reducing heating bills provided internal doors are kept closed. For example, they can be set to be warmer in the living room and bathroom than in the bedrooms. Ask a competent heating engineer to install thermostatic radiator valves. Thermostatic radiator valves should be fitted to every radiator except the radiator in the same room as the room thermostat. Remember the room thermostat is needed as well as the thermostatic radiator valves, to enable the boiler to switch off when no heat is required. Higher cost measures (typically over £500 each) 3 Band A condensing boiler A condensing boiler is capable of much higher efficiencies than other types of boiler, meaning it will burn less fuel to heat this property. This improvement is most appropriate when the existing central heating boiler needs repair or replacement, but there may be exceptional circumstances making this impractical. Condensing boilers need a drain for the condensate which limits their location; remember this when considering remodelling the room containing the existing boiler even if the latter is to be retained for the time being (for example a kitchen makeover). Building Regulations apply to this work, so your local authority building control department should be informed, unless the installer is registered with a competent persons scheme1, and can therefore self-certify the work for Building Regulation compliance. Ask a qualified heating engineer to explain the options. About the further measures to achieve even higher standards Not applicable Page 5 of 6 . 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 that 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. Page 6 of 6 SALE STATEMENT Insert address of property to be sold below and include postcode. 13 Sanderstead Heights 3 Addington Rd South Croydon Cr2 8RE 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? 0 Flat (incl. maisonette) or D /House (incl. bungalow) / 2. If it is a flat, what type of building is it in? 0 Purpose built block D Converted house or D Conversion of commercial premises 3. The property is (or will be): D Freehold r_l Commonhold 0 Leasehold starting (or likely to start) from and with years left on the lease 4. The title to the interest in the property 0 The whole of a registered estate being sold is: D Part of a registered estate n The whole of an unregistered estate n Part of an unregistered estate 5. Name(s) of seller GERALD MARTIN DODD and ELIZABETH JANET DODD Pagel of 1 6. The capacity of the seller 0 The owner or owners G A representative with the necessary authority to sell the property for an owner who has died Q A representative with the necessary authority to sell the property for a living owner (for example with a power of attorney) D Other (please give details): 7. The property is being sold: 0 With vacant possession D Section 171 ((2) of the Housing Act 2004 applies and part ot the property is not being sold with vacant possession. Explanation of circumstances as follows: Page 2 of 2 EVIDENCE OF TITLE 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. H Land Registry Official copy N Edition-date 15.02.2006= This official copy shows the entries on the register of title on ofregisterof 27 Aug 2009 at 10:36:23. This date must be quoted as the "search from date" in any title 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 27 Aug 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 Croydon 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. CROYDON (22.09.1992) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being 13 Sanderstead Heights, 8 Addington Road and Parking Space, (CR2 8RB). NOTE: As to the part tinted blue on the filed plan only the ground floor flat is included in the title. (22.09.1992) Short particulars of the lease(s) (or under-lease(s)} under which the land is held: Date : 18 August 1992 Term : 125 years from 25 March 1991 Rent : As therein mentioned Parties : (1) St. George Developments Limited .*:?••; (2) Mary Beatrice Howard - -(3) Holding & Management (Solitaire) Limited (22 .:09.1992) 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 deatLangs therewith inter vivos contained in the lease. (22.09.1992) Lessor's title registered under SGL543253. 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 4 Title number SGL561041 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 (26..V09.19'95) ,PROPRIETOR: GERALD MARTIN DODD and ELIZABETH JANET DODD of 1 Hobk^;-Hill, Sanderstead, South Croydon, Surrey, GR2 OLE. 2 (22.09.1992) RESTRICTION: Except under an order of the Registrar, no disposition by the Proprietor of the land or by their personal reprisentativ'es is to be registered unless a certificate signed by the Secretary or Solicitor of Holding and Management (Solitaire) Limited or its successors in title is furnished that the provisions of paragraph 10 and 13 in the Third Schedule of the Registered Lease have been complied with. 3 (26.09.1995) The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof. C: Charges Register This register contains any charges and other matters that affect the land. 1 (22.09.1992) The land with other land is subject to the following charitable charges:- £. s.d. Mellish Gift, payable to the Rector 9. 0.0. per-annum' / > of Sanderstead ' - - ' Atwood Charity, payable to the Rector 1. 0.0. per annum of Sanderstead Harman Atwood's Almshouse Charity, 20. 0.0. per annum payable to the Vicar of Warlingham Harman Atwood's Endowment Fund, 20. 0.0. per annum payable to the Vicar of Warlingham Trustees of the Croydon Charities of 1.10.0. per annum Henry Smith and others The land has the benefit of the covenant for payment and the exonerating charge in respect of the above charges contained in a Conveyance dated 17 October 1922 and made between (1) Frank Spurr and Charles Asplin, (2) The Rt. Hon. Sir Francis Hyde Villiers and the Rt. Hon. Sidney James Earl of Norraanton and (3) The Purley Downs Golf Club Limited. 2 (22.09.1992) A Conveyance of the freehold estate in the land in this title and other land dated 13 July 1923 made between (1) Kate Hossack and Robert Hervey Webb (Vnedors) (2) Leonard Nathaniel Goldsraid Montefiore (3) Frank Spurr an"6V'-VCharles Asplin and (4) The Reverend Frederick William Walker (Purchaser) contains covenants details of which are set out in the Scfreclule of restrictive covenants hereto. By a Deed dated 30 April 1925 made between (1) Kate Hossack and Robert Her..vey Webb and (2) The Reverend Frederick William Walker the covenants menlSioned,, in" the Conveyance dated 13 July 1923 referred to above were expressS&l-to be modified details of the terms of modification are set out in the Schedule of restrictive covenants hereto. By a Deed dated 2 April 1935 made between (1) Frank Spurr and others and (2) Thomas Herbert Relf the covenants mentioned in the Conveyance dated 13 July 1923 referred to above were expressed to be modified details of the terms of modification are set out in the Schedule of restrictive covenants hereto. 3 (22.09.1992) An Agreement dated 1 March 1932 made between (1) Thomas Herbert Relf (Owner) and (2) The Urban District Council of Coulsdon and 2 of 4 Title number SGL561041 C: Charges Register continued Purley contains stipulations details of which are set out in the Schedule of restrictive covenants hereto. Schedule of restrictive covenants 1 The following are details of the covenants contained in the Conveyance dated 13 July 1923 referred to in the Charges Register:- "AND the Purchaser for himself and his assigns hereby covenants with the Vendors their heirs and assigns and to the intent that the burden thereof may run with the hereditaments hereby conveyed and bind the same into whosesoever hands the same may come and so that so far as may be the benefit of the covenant may run with all the adjoining or neighbouring property which belonged to the said John Gutznier Hossack deceased on the twenty seventh day of March one thousand nine hundred and nineteen that the Purchaser his heirs executors administrators and assigns will henceforth duly perform and observe the restrictions set forth in the Second Schedule hereto bit so nevertheless that such covenant shall not render the purchaser personally liable in damages for any breach of covenant committed after he shall have parted with all interest in the hereditaments hereby conveyed or respect of which such breaches shall occur. THE SECOND SCHEDULE above referred to 1. THE Purchaser shall within six calendar months from the date hereof erect and for ever hereafter maintain a good and sufficient fence on the sides of the property purchased marked T on the said plan and within the boundary thereof. 2. NO building except a private dwellinghouse with suitable appurtenances shall be erected on the property purchased. The trade of an Innkeeper Victualler seller of wines spirits or beer or other intoxicating liquors to be consumed other on or off the premises or a club where such liquors are consumed shall not be carried on upon the property purchased nor shall any other trade whatsoever or any business or manufactory be carried on thereon nor shall the property purchased be used for the storage of building materials goods or rubbish or in any way which shall or may be or grow to be a nuisance damage or annoyance to the Vendors or to any person or persons deriving title under them or to the Owners or tenants of any adjoining or neighbouring property nor shall the Purchaser remove any gravel sand or earth therefrom except such as is required for the erection of buildings and garden purposes upon the property purchased. 3. ANY house to be erected by the purchaser his heirs executors administrators or assigns on the land hereby conveyed shall be detached and shall be erected in the position and in accordance with plans showing the size character and elevation thereof to be first submitted to and approved of in writing by the Surveyor for the time being of the Vendors and shall cost not less than £1800 based on the first cost in materials and labour of construction exclusive of the outbuildings offices and fences calculated on the prices prevailing as at August 1914. NOTE: T marks referred to in paragrapt 1 above do not affect the land in this title. 2 The following are details of the terms of the modifications contained in the Deed dated 30 April 1925 referred to in the Charges Register;- "NOW THIS INDENTURE WITNESSETH that it is hereby agreed and declared that the cost of any house to be erected shall be not less than Two thousand pounds based on the first cost of material and labour of construction at the time of erection in lieu of One thousand eight hundred pounds calculated on the prices prevailing as at August One thousand nine hundred and fourteen and that the within written Indenture shall henceforth be read and construed accordingly." 3 The following are details of the terms of the modification contained in the Deed dated 2 April 1935 referred to in the Charges Register:- "The said Frank Spurr Roger Brett and James Nisbeth so far as they legally can do so hereby release the said Thomas Herbert Relf and the persons 3 of 4 Title number SGL561041 Schedule of restrictive covenants continued deriving title under him and other the owner and owners for the time being of the said land coloured pink on the plan attached hereto from the obligations of the hereinbefore recited covenant on the part of the said Frederick William Walker in the recited Conveyance contained to the extent necessary, to permit or enable the businesses of a Florist Nurseryman Deedsmaft.. and Landscape Gardener to be carried on upon the said piece of land, delineated in the plan attached hereto and thereon coloured pink and for'';fehat purpose to erect upon the said land a lock-up shop and at the rea'r"of the property certain greenhouses for the purpose of the said business." NOTE: The land in this title forms part of the land coloured pink refered to. 4 The following are details of the Stipulations contained in the Agreement dated 1 March 1932 referred to in the Charges Register:- "The Owner and his successors in title will not at any time hereafter use or suffer to be used the said land coloured blue on the plan drawn hereof and all buildings now erected or hereafter to be erected thereon for any trade or business other than agriculture and/or horticulture. NOTE: The land in this title forms part of the land coloured blue referred to. End of register 4 of 4 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 27 August 2009 shows the state of this title plan on 27 August 2009 at 10:36:23. 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, Croydon Office . © Crown copyright. Produced by Land Registry. Reproduction in whole or in part is prohibited without the prior written permission of Ordnance Survey. Licence Number 100026316. II. M. LAND RLC;iSiR\L MAP NAifONAi, GRID PLV-.' 1Q 3-t6i SICT10N 8 GREATER LONDON , Sole i 5150 ftOKOuCM -;' rno'rOOM 4r r r- // 'n r - TITLE No. SGL 5 6 1 0 4 1 K1294/Piaa3 . 92 H. M. LAND REGISTRY ;'•' ' •' :rand Registration Acts 1925 to 1988 LONDON BOROUGH CROYDON TITLE NUMBER SGL543253 PROPERTY Land at Aldington Road, Sanderstead PARTICULARS DATE OF LEASE 1992 1. Developer ST. GEORGE DEVELOPMENTS LTD whose registered office is situate at langton Priory Portsmouth Road Guildford Surrey 2. Lessee MARY BEATRICE HOWARD of Glenview Eyhurst Close KingswDod Surrey 3. Company HOLDING & MANAGEMEOT (SOLITAIRE; of Clinton Rxise High Street Coleshill Warwickshire B46 3BP 4. Flat Number 13 on the ground floor of the Block The Pjlock The building comprising 27 flats referred to in recital (A) Premium CNE HONORED AND TWO THOUSAND POUNDS (£102,000.00) 7. Term 125 YEARS from the 25th day of March One thousand nine hundred and ninety one 8. Rent ONE HUNDRED POUNDS (£100.00) per annum 9. Half-yearly days 1st January and 1st July 10. Current Service £590.00 per annum Charge 11. Estate All and any part of the land which now is or formerly was comprised in the above Title Number - 1 - THIS LEASE is made on the date stated in the Particulars BETWEEN the Developer specified in Paragraph 1 of the Particulars (hereinafter called "the Developer") of the first part the person persons or Company specified in Paragraph 2 of the Particulars (hereinafter called "the Lessee") of the second part and the Company specified in Paragraph 3 of the Particulars (hereinafter called "the Ccrnpany11) of the third part WHEREAS :- (A) The Developer is the estate owner of the freehold interest in the Block ccrnprising 27 flats and its curtilage edged blue on the Plan (B) The Developer is des irous of letting the flats in the Block subject to the regulations hereinafter mentioned to the intent that the lessee for the time being of any of the said flats may enforce the observance of the Regulations by the lessee for the time being of every other flat (C) So as to preserve and secure the proper and efficient management of the Block the Developer has agreed with the Company to grant to the Company a lease of those parts of the Block as are not comprised in leases of flats in the Block (D) The Parties hereto have agreed that the Developer shall grant and the Lessee shall accept a Lease of one of the said flats and that the Company shall give the covenants hereinafter contained NOW THIS LEASE WITNESSES as follows:- INTERPRETATICN ' 1. In this lease: The Company and The Lessee 1.1 "the Company" and "the Lessee" shall where the context admits include their respective successors in title The Surveyor 1.2 "the Surveyor" means any Chartered Surveyor or member of the Incorporated Society of Valuers and Auctioneers who may be m- employed by the Company in respect of any matter set out in the [- Fifth Schedule or any other matter arising under this Lease i; The Flat 1.3 "the Flat1 means the flat described in Part I of the First Schedule The Parking Space 1.4 "the Parking Space" means the Parking Space edged red on the Plan - 2 - and described ia Part II of the First Schedule The Perpetuity Period 1.5 "the Perpetuity Period" shall mean the period of eighty years from the 25th day of March One thousand nine hundred and ninety one Maintenance Year 1.6 "the Maintenance Year" shall mean every twelve monthly period ending on the 31st day of Decanber the whole or any part of which falls within the term The Service Charge 1.7 "the Service Charge" means a sum equal to one twenty seventh (1/27) (or such other fraction as may be determined pursuant to Part I of the Fourth Schedule] of the aggregate Annual Maintenance Provision for the whole of the Block for each Maintenance Year (computed in accordance with Part II of the Fourth Schedule) Conduits 1.8 "Conduits" means and includes ventilating ducts cisterns tanks radiators water and gas and electricity supply pipes sewers drains tubes meters soil pipes waste water pipes and also wires or cables used for the conveyance of electrical current and all valves traps and switches appertaining thereto but shall not include any wires cables or apparatus belonging to any public utility supply authorities or to any person or corporation supplying any television aerial rediffusion service internal telephone system or door porter system The Regulations 1.9 "the Regulations" means the regulations at present in force in respect of the Block which are set out in the Seventh Schedule or those for the time being in force pursuant to such Schedule and Clause 6.4 The Amenity Areas 1.10 The parking space (other than the parking space hereby demised) roads pedestrian ways or footpaths which are intended to ranain in private ownership together with areas of open space and the planted areas in the Estate together with the fences bounding the Estate Joint and Several Covenants 1.11 If the Lessee is more than one person all covenants agreements and obligations on the lessee's part shall be construed as joint and several Gender and Number 1.12 Words importing the masculine gender shall where necessary be construed as importing the feminine gender and words importing the singular number shall where necessary be construed as importing the plural number and vice versa References 1.13 References to clauses paragraphs schedules or plans shall be references to the clauses hereof the schedules hereto the paragraphs contained in any schedule or the plans annexed hereto respectively DEMISE 2. In consideration of the Premium specified in paragraph 6 of the Particulars paid by the Les see to the Developer (the receipt whereof the Developer hereby acknowledges) the Developer hereby • demises to the lessee the Flat and the Parking Space together with the rights specified in Part III of the First Schedule (to the exclusion of any implied rights pursuant to Section 62 of the Law of Property Act 1925 and subject however to the Lessee's covenants hereinafter contained) but excepting and reserving to the Developer and the Company the rights specified in the Second Schedule to hold the same unto the lessee from the date hereof for the residue of the Term specified in paragraph 7 of the Particulars subject to the burden of the covenants or agreements already entered into by the Developer and the Company with the lessee • or tenant of any other flat in the Block for the observance of the Regulations and to all rights and easements appertaining to any other property adjoining the Block or on the Estate PAYING THEREFORE to the Developer during the first 25 years of the term hereby granted the annual rent specified in. paragraph 8 of the Particulars and therearter such rent as shall be determined pursuant to Clause 7 hereof in. advance without any deduction (except only such as the Lessee may be authorised by law to make notwithstanding any contract to the contrary) by equal half-yearly payments on the half-yearly days specified in. paragraph 9 of the Particulars in every year the first payment being a proportionate payment for the half-year current at the date hereof to be made on the execution hereof - 4 - PROVIDED that the rent hereby reserved shall not in any event equal or exceed the figure specified under the provisions of the Rent Act 1977 or any statutory modification or re-enactment thereof for the time being in force so as to prevent the Lessee from assigning the benefit of this Lease at a premium ,, LESSEE'S COVENANTS 3- The Lessee hereby covenants with the Developer and as a separate J covenant with the Company as follows: 'I j 3.1 To observe and perform the obligations set out in the Third I Schedule t 3.2 In respect of every Maintenance Year to pay the Service Charge to t the Company by tsro equal instalments in advance on the .- half-yearly days 3.3 To pay to the Company a due proportion of any Adjustment pursuant to paragraph 3 of Part II of the Fourth Schedule Provided that in respect of the Maintenance Year current at the date hereof the Lessee shall on the execution hereof pay a due proportion of the current Service Charge specified in paragraph 10 of the Particulars COVENANTS BY THE COMPANY 4. The Company hereby covenants with the Lessee as follows: 4.1 The Company will during the term carry out the repairs and provide the services specified in the Fifth Schedule provided always that: (a) The Lessee shall have paid the Service Charge and any Maintenance Adjustment due (b) The Lessee shall not be in breach of any of his covenants herein contained (c) In the case of any item of disrepair the Company shall not be liable for breach of this covenant until the Lessee has given written notice thereof to the Company (d) If at any time the Company shall reasonably consider that it would be in the general interest of the lessees of flats in the Block so to do the Company shall have power to discontinue any of the matters specified in the Fifth Schedule which in its opinion shall have become impracticable obsolete unnecessary or excessively costly provided that in deciding whether or not to discontinue any such matter the Company shall consider the views and the — 5 — . wishes of the majority of the lessees in the flats in the Block 4.2 To observe and perform the obligations set out in the Sixth Schedule COVENANTS BY THE DEVELOPER 5. The Developer hereby covenants with the Company and as a separate covenant with the Lessee Provided that nothing contained in this Lease shall operate to prevent the Developer from developing the remainder of the Estate for res idential building purposes as follows :- 5,1 That the Block and the Estate will be completed and the curtilage laid out in accordance with the plans and specifications approved by the local planning authority 5.2 That the Developer will when called upon by the appropriate v j authority (or earlier if the Developer shall think fit) procure that such of the roads footpaths and sewers as are new or in the future to be included in any agreement made pursuant to Section 38 of the Highways Act 1980 and Section 18 of the Public Health Act 1936 and adopted and maintained at public expense and upon which the Block abuts or which serve the Block shall be made up and completed to the satisfaction of the relevant authority and will indemnify the Ccrnpany and the Lessee against all liability in respect thereof 5.3 That the Lessee paying the rent hereby reserved and all other moneys payable hereunder and performing and observing the covenants conditions and agreements herein contained and on his part to be performed and observed shall peaceably hold and enjoy the Flat and Parking Space during the term hereby granted without any interruption by the Developer or any person -rightfully claiming under or in trust for it 5.4 Not to let any of the flats and parking spaces in the Block otherwise than on terms whereby there is paid in respect of each such flat throughout the term and Ground Rents hereby reserved and a Service Charge ccrnputed in respect of such flat in accordance with the Fourth Schedule 5.5 That the Developer will not include or permit to be included any part of the structure of the Block in the demise of any premises in the Block which are let after the date of this Lease PROVISOS - 6 - 6. Provided always and it is hereby agreed as follows :- I * : For re-entry 6.1 If the rents hereby reserved or the service charge or any ; Maintenance .adjustment or any part thereof respectively shall be : unpaid for twenty one days after becoming payable (whether I]. formally demanded or not) or if any covenants on the lessee's part herein contained shall not be performed and observed then and in any such case it shall be lawful for the Developer or any person or persons authorised by it in that behalf at any tiite n thereafter to re-enter upon the premises hereby demised or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Company in respect of any breach of the Lessee's covenants herein contained Exclusion of liability for damage or loss 6.2 Neither the Company nor the Developer shall be liable or responsible for any damage suffered by the lessee or any servant agent or workman of the Lessee or any member of the Lessee's family or any guest of his through any defect in any fixture conduit staircase machinery or thing in or upon the Block or any part thereof (including the Flat) or through the neglect fault or misconduct of any servant employed by the Ccmpany in connection with the Block except insofar as any such liability may be covered by insurance effected by the Company pursuant to paragraphs 8 and 9 of the Fifth Schedule References of dispute to Surveyor 6.3 In case of dispute between the Lessee and any lessee tenant or occupier of any part of the Block not hereby demised or after completion of the Estate between the Lessee and any owner or occupier of any adjoining or neighbouring property relating to c any part of the Block or such adjoining property such dispute a shall be decided by the Company or referred (if the Company so d requires} to the Company' s Surveyor {hereinafter called "the _n Surveyor") and the decision of the Company or such Surveyor (as between the Lessee and any other lessee tenant or occupier of any ny part of the Block) shall be final and binding es Power to impose or vary Regulations 6.4 The Company may at any time or times during the term hereby granted in the interests of good estate management impose such - 7 - regulations of general application regarding the Block or the flats therein as it may in its absolute discretion think fit in addition to or in place of the Regulations (but so that any such regulations shall not conflict with this Lease) and the Company shall have power in its absolute discretion to revoke amend or add to such regulations or any additions thereto or substitutions therefor Suspension of rent 6.5 If the Flat or any part thereof shall at any time during the term hereby granted be destroyed or damaged by fire or any other risk covered ty the insurance effected pursuant to paragraph 8 of the Fifth Schedule so as to be unfit for habitation and use and the policy or policies of insurance so effected shall not have been vitiated or payment of the policy moneys refused in whole or in part in consequence of any act or default of the Lessee the rents hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Flat shall again be rendered fit for habitation and use and any dispute concerning this Clause shall be determined by a single arbitrator in accordance with the Arbitration Acts 1950 and 1979 or any statutory enactments in that behalf for the time being in force Exclusion of implied obligations 6.6 The lessee accepts the obligations of the Company for the performance of the matters specified in the Fifth Schedule and the Sixth Schedule in substitution for and to the entire exclusion of any implied obligations on the part of the Developer as respects any of such matters Limitation of future easements 6.7 In this Lease where reference is made to rights or easements which constitute further rights or easements in connection with conduits which do not at the date hereof exist the said reference shall be deemed only to apply to such easements and rights as shall come into existence before the Perpetuity Date Surveyor's Certificates 6.8 Wherever in this Lease there is any provision for a surveyor or other person to give a certificate or decision such certificate or decision shall extend only to matters of fact and shall not extend to any question of law but subject thereto any such - 8 - certificate or decision shall be final and binding V.A.T. 6.9 Wherever in this Lease there is a covenant by the Lessee to pay expenditure expenses outgoings charges costs fees or any like expression incurred or payable by the Company all such expressions shall include all Value Added Tax incurred or payable by the Company in connection with the subject matter of the covenant and this Lease shall be construed accordingly RETCT REVIEW PROVISIONS 7. The annual rent payable as from the 25th day of March Two thousand and sixteen for the ensuing twenty-five years and for each subsequent period of twenty-five years of the term shall be determined as follows:- (a) the Company shall determine the capital value of the Flat and the Parking Space on the 25th day of March Two thousand and sixteen and on the expiry of each period of twenty-five years thereafter and shall notify the Lessee of such determination in writing (b) the rent payable in respect of the period of twenty-five years following each such determination shall be one one thousand five hundredth (1/1500) part of the capital value (c) "capital value" shall mean the price which could be obtained in the open market for a lease of the Flat and Parking Space for a term of 125 years but otherwise upon the terms of this Lease and on the assumption that the Flat and the Block were in good and complete repair (d) If the Lessee shall object to the Company's determination he shall serve written notice of such objection together with his own determination within one month of the date of the Company's notice (e) If the Company and the Lessee shall fail to agree within one month of the Lessee's notice the matter shall be referred to the Surveyor for determination and the decision of the Surveyor shall be final and binding upon the Parties (f) the fees of the Surveyor for such del^rmination shall be borne equally by the Company and the Lessee THE COMPANY'S POWERS OF INVESTMENT 8.1 The Company hereby declares that it will hold all service charges until the same are spent in trust for the lessees of the flats in - 9 - the Block in the sane proportion as such service charges shall have been paid 8.2 The Company shall place on deposit or loan at a Bank or Building Society or with a local Authority at interest or invest in the purchase of fixed interest Government Securities of the United Kingdom or the Government of Northern Ireland having a final redenption date not later than five years after the date of acquisition sums representing the reserve created pursuant to paragraph 2(ii) of Part II of the Fourth Schedule and to withdraw the sane from deposit or realise the same as required in order to meet expenses referred to in that paragraph or to meet any temporary deficiency in the moneys available to meet the expenditure referred to in paragraph 2(i) of that Part of the Schedule 8.3 The Company shall have pcwar in its discretion to: - (i) Place or invest such sums or any part thereof jointly with other funds on a single account or holding (ii) Place such sums or investments in the name of a ncrninee (iii) Exercise the same powers of investment in respect of service charge moneys which are intended for current expenditure and do not represent reserves 9. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or o f a series o f transactions in respect of which the amount or value or aggregate amount or value exceeds £250,000.00 IN WITNESS whereof the parties hereto have executed this Deed the day and year first above written THE FIRST SCHEDULE Part I - Description of the Flat 1. The Flat comprises all those rooms on the ground floor of the Block known as Plot 13 (together with the garden adj acent thereto) edged red on the plan annexed hereto 2. The Flat includes (for the purpose of obligation as well as grant) : (i) the internal plastered coverings and plaster work of the walls bounding the Flat (but not the doors and door frames and windows and window frames fitted in such walls) and (ii) the plastered coverings and plaster work of the walls and partitions lying within the Flat and the doors and door - 10 - frames fitted in such walls and partitions and (iii) the plastered coverings and plaster work of the ceilings and the floorboards and other surfaces of the floors thereof and (iv) all conduits which are laid in any part of the Block and serve exclusively the Flat and (v) all fixtures and fittings in or about the Flat (other than tenants fixtures and fittings) and not hereinafter expressly excluded but excludes: (a) any part or parts of the Block (other than any conduits expressly included) lying above the said surfaces of the ceilings or below the said floor surfaces (b) any of the main timbers and joists (or conrete or steel framework) of the Block or any of the walls or partitions therein (whether internal or external) except such of the plastered surfaces thereof the partitions and the doors and door frames fitted therein as are expressly included (c) the windows and window frames (other than the glass therein) (d) any conduits in the Block which do not serve exclusively the Flat Part II - Description of the Parking Space The Parking Space is that edged red on the plan annexed hereto Part III - Rights granted to the Lessee 1. The rights for the Lessee (in cannon with the Developer the Company and all others authorised by the Company or entitled to the like right) at all times and for all purposes incidental to the occupation and enjoyment of the Flat (a) to pass with or without vehicles laden or unladen over such of the roads in the Estate as are now or in future are to be adopted by the relevant authority and maintained at public expense {subject to the provisions of paragraph 21 of the Third Schedule) (b) to pass on foot only over such of the footpaths in the Estate as are now or in the future to be adopted by the relevant authority and maintained at public expense and any footpaths in the Block giving access to the Block (c) to go pass and repass with or without motor vehicles over - 11 - and along such part of the Amenity Areas as may be necessary to gain access to the Flat or the Parking Space (d) to use on foot only the entrance hall staircases and landings giving access to the Flat right of passage and running gas electricity water and soil from and to the Flat in through and along conduits now laid or within the perpetuity period hereafter to be laid in or upon the Block The right for the Lessee in conroon with all other persons entitled to the like right with agents and workmen at reasonable hours in the daytime after reasonable notice {except in case of emergency) to enter into and upon other parts of the Block for the purpose of inspecting repairing maintaining decorating or renewing any part of the Flat including all conduits now laid or hereafter within the perpetuity period to be laid in or upon the Block or any part thereof the Lessee making good all damage thereby occasioned Ifte right to subjacent and lateral support and to shelter and protection for the Flat from the remainder of the Block not hereby demised The right for the lessee in common with all other persons entitled to the like right to use any common television aerial rediffusion service for radio programmes and internal telephone system and door porter system from time to time installed in the Block subject to the Lessee complying with the relevant provisions of any agreement from time to time made between the Company and the parsons or corporation installing supplying or maintaining the same and any rules which the Company may from time to time make in respect thereof and also paying to the Company or any such corporation such rent or charge as the Company or such person or corporation may require in respect thereof The right for the Lessee in common with all other persons entitled to the like right to use the communal gardens for the purpose of recreation (not involving the playing of games) subject to any regulations which may be made by the Company THE SECOND SCHEDULE Rights Excepted and Reserved The right of passage and running of gas electricity water and - 12 - soil frcm arid to the remainder of the Block or any part thereof in through and along the conduits now laid or hereafter to be laid in or upon the Flat or the Parking Space or any part thereof 2. The right for the Developer and the Company and their servants agents and workmen at all reasonable times to enter the Flat for the purpose of inspecting repairing maintaining decorating or renewing any part of the Block and in the case of the Company for the purpose of carrying out any of the purposes set out in the Fifth Schedule hereto (whether hereby demised or not) including all conduits now laid or hereafter to be laid in or upon the Block or any part thereof 3. The right for the Developer and the Company at any time or times to rebuild reconstruct or alter the Block or any part thereof (other than the Flat) or any bill dings adjoining or adjacent to the Block or to erect new buildings on any property so adjoining or so adjacent in such manner as the Developer or the Company shall think fit notwithstanding that the access of light and ai-r to the Flat may thereby be interfered with 4. The right to subjacent and lateral support and to shelter and protection fron the Flat for the other parts of the Block not hereby demised 5. The right for the Company and any person or persons authorised by it to connect to any common television aerial or other apparatus referred to in paragraph 5 of Part III of the First Schedule 6. All rights from time to time granted to any person or corporation of entering the Flat for the purpose of inspecting repairing maintaining renewing or removing such common television aerial or other apparatus 7. Full right and liberty for the local Highway Authority Statutory Undertakers and British Telecommunications to enter onto the land hereby demised with or without workmen plan and machinery for the purpose 'of laying maintaining repairing or replacing drains pipes cables sewers and other conducting media and the right also to erect street lighting telephone or other appratus required by such Authority or Undertakers in connection with services to be supplied and maintained in the neighbourhood and for any other purpose of a like kind and also the right thereafter to use the same by such Authority and/or Undertakers for the said purpose causing as little damage as possible and making good all damage 13 - thereby occasioned TOE THIRD SCHEDULE Lessee's Covenants To pay rent 1. To pay the rents hereinbefore reserved at the times and in the manner aforesaid without any deduction save as aforesaid To pay interest and costs 2. (a) If the rents hereby reserved or the Service Charge or any Maintenance Adjustment hereby made payable by the Lessee or any part thereof shall be unpaid for twenty-one days after becoming payable (whether formally demanded or not) to pay to the Company interest upon such sum or sums as shall remain unpaid at the rate of Four per cent (4%) per annum above the base rate (or its equivalent) from time to time of Barclays Bank Pic (but if such bank shall cease to exist or shall not have a base rate or equivalent then at 14% per annum) calculated on a day to day basis from the date of the same becoming ditf^ down to the date of payment but without pre j udice to the operation of the proviso for re-entry hereinbefore contained or any other right of action of the Company in respect of non-payment of rents Service Charge or Maintenance Adjustment (b) To pay to the Company or Developer (as appropriate) on a full indemnity basis all costs and expenses incurred by the Company or Developer of the Company's or Developer's Solicitors in connection with any proceedings taken against the Lessee to recover any rents Service Charge Maintenance Adjustment or other monies payable ty the Lessee under the terms of this Lease To pay outgoings 3. To pay all existing and future rates taxes duties assessments charges impositions and outgoings whatsoever whether parliamentary parochial local or of any other description which now are or during the said term shall be assessed charged or imposed on or payable in respect of the Flat or in respect of the occupation thereof or on the Company tenant owner or occupier in respect thereof and in particular to pay or refund to the Company any Water Rate attributable to the Flat on the basis of the rateable value thereof or on such other basis as may be adopted - 14 - by the Water Authority from time to time and also to pay a due proportion (to be conclusively determined by the Surveyor) of any such item as aforesaid which may be assessed charged or imposed on or payable in respect of the Flat together with other flats or other parts of the Block (but not in respect of the entirety of the Block) To repair 4. (a) At all times during the said term to maintain and keep the Flat clean and in good repair and condition and in particular as occasion requires thoroughly to clean all windows of the Flat and al 1 cisterns serving the Flat and to keep all conduits now laid or hereafter to be laid for the exclusive service of the Flat in good repair and condition and free from obstruction Provided that: (i) The Lessee will not paint or otherwise interefere with the outside surfaces of any external doors of the Flat or of the windows therein and (i i) before repairing any conduits will give notice to the Company stating the nature of the defect or damage thereto and in repairing the same will comply in all respects with the requirements of the Surveyor or the Company and of all local and statutory bodies having jurisdiction in the matter (b) At all tiroes to maintain in. good repair and condition wooden close boarded fence or a wall on the boundary marked with an inward "I" on the plan To maintain the Parking Space 5. At all times during the said term to keep the Parking Space clean and undamaged and to make good or pay to the Company the cost of making good any damage other than fair wear and tear caused thereto To decorate 6. Once in every seven years and in the last three months of the term whensoever and howsoever determined to the reasonable satisfaction of the Company or the Surveyor in a suitable and workmanlike manner to prepare and decorate with good quality materials all the interior parts of the Flat To comply with statutes and regulations 7. At his own expense to execute and do all such works as may be - 15 - directed in pursuance of any statutory enactment or otherwise by any national local or public authority or body to be executed or done at any time during the said term upon or in respect of the Flat whether by the Company or the lessee thereof To obtain consents for works 8. At his own. expense to obtain all licences permissions and consents and execute and do all works and things and bear and pay all expenses required or imposed by any existing or future legislation in respect of any works carried out by the lessee to the Flat or any part thereof or any user thereof during the said term and to pay the reasonable fees costs and charges of the respective Solicitors and Surveyors for the time being of the Company and Developer in relation to any planning application inspection or approval or otherwise in connection therewith and to keep the Company indemnified in respect of any breach or non-observance thereof Not to alter 9. Not to alter the internal planning or the height elevation or appearance of the Flat nor at any time make any alterations or additions thereto nor cut maim or remove any of the party or other walls or partitions or the principal or bearing timbers or iron and steel or other supports thereof nor to carry out any development thereto nor change the user thereof (within the meaning of any legislation for the time being related to Icwn and Country Planning) without the previous formal licence of the Company Provided that such plans and specifications of any such alterations or works as the Company shall dean necessary shall be first submitted to the Company for its approval and the lessee shall pay the fees of any Surveyor to the Company for approving the plans and specifications and inspecting the works and shall also pay the proper legal costs of the Company in connection with any such licence Assignment or sub—letting 10. (a) Not to underlet or part with or share possession of any part of the Flat (as distinct frcsn the whole) in any manner whatsoever (b) Ifot to underlet the Flat without the consent of the Company (c) Not to assign underlet or part with possession of the Flat as a whole without first procuring that the assignee or - 16 - underlessee enters into a direct covenant with the Company , , and Developer to observe and perform the covenants and conditions herein contained and to be subject to compliance by the Lessee with the provisions of paragraphs 11 and 12 of this Schedule ;, Rent on under-letting 11. Not at any time during the term hereby granted to underlet or permit the Flat to be underlet except upon terms that the undertenant shall be liable to pay throughout the term of such underlease not less than the aggregate of the rents hereby reserved and the Service Charge Covenants in underleases 12. To cause to be inserted in every underlease (whether mediate or immediate) except in the case of a sub-letting at a rack rent without payment of a premium for a period not exceeding seven years a covenant by the underlessee with the Company and Developer and with the Lessee to observe and perform all the covenants and conditions in this Lease contained , (except the covenants for the payment of rent or Service Charge) with a condition permitting re-entry in case of any breach of any of the said covenants or conditions (except as aforesaid) Registration of dispositions and charges 13. (a) Upon every underletting of the Flat and upon every as s ignment or trans far thereo f and upon the creation o f every charge thereon and upon the grant of probate or letters of administration affecting the term hereby granted and upon the devolution of any such term under any assent or other instrument or otherwise howsoever or by any Order of the Court within one month thereafter to give to the Company and the Developer notice in writing of such underletting assignment transfer charge grant assent or orcter with full particulars thereof and of the name quality and place or places of abode of such underlessee or _£ underlessees or the person or persons in whom the term hereby granted shall have become vested or to whom it shall ^•i- have become charged as aforesaid and to produce to the Company every such document as aforesaid and to pay to the l_a.t Company 0.05% of the value of the transaction {but not less than Fifteen pounds) together with V.A.T. on such sum for - 17 - the registration of every such notice (b) The parties hereto apply to the Chief Land Registrar for the entry on the Register of the title to this Lease of the following restriction:- "Except under an order of the Registrar, no disposition by the Proprietor of the land or by their personal representatives is to be registered unless a certificate signed by the Secretary or Solicitor of Holding and Management (Solitaire) Limited or its successor in title is furnished that the provisions of paragraphs 10 and 13 in the Third Schedule of the Registered Lease have been ccmplied with" To permit Inspections 14. To permit the Company and the Developer or its agents either alone or with workmen at any reasonable hour in the daytime after reasonable notice except in the case of emergency to enter the Plat and examine the state of repair and condition thereof and to take an Inventory of the Landlord's fixtures and fittings then in and about the same and that the Lessee will repair and make good ^11 defects or want or repair and decoration of which notice in writing shall be given by the Company to the Lessee within three calendar months {or sooner in the case of emergency) after the giving of such notice and if the Lessee shall at any time make default ±n the performance of any of the covenants hereinbefore contained for or relating to the repair or decoration of the Flat it shall be lawful for the Company (bat without prejudice to the right of re—entry under the Clause hereinbefore contained) to enter upon the Flat and repair or decorate the same at the expense of the Les see in accordance with the covenants and provisions hereof and the expenses of such repairs or decorations shall be repaid by the Lessee to the Company on demand To permit entry for repairs etc 15. To permit the Developer and the Company or their tenants or occupiers of the adjoining or neighbouring flats or of the neighbouring premises of the Developer or the Company or their respective agents or workmen of the persons aforesaid at reasonable hours in the daytime after reasonable notice (except in the case of emergency) to enter upon the Flat for the purpose of executing repairs innprovements or alterations to or upon any - 18 - part of the Block (whether hereby demised or not) or of the said neighbouring premises or for the purpose of constructing laying down altering cleansing emptying removing renewing or maintaining any existing or new conduits new laid or hereafter to be laid in or upon the Block or any part thereof including the Flat but making good to the Lessee all damage thereby occasioned and the Lessee win not remove or interefere with any such conduits aforesaid Provided that any new conduits shall be located in the position which will least interefere with the enjoyment by the Lessee of the amenities of the Flat To pay costs of notices 16. 1b pay to the Developer on demand all costs charges and expenses (including legal costs and surveyor's fees) which may be incurred by the Company or which may become payable by the Company in respect of the preparation and service of a Schedule of Dilapidations or under or in contemplation of any proceedings in respect of the Flat under Sections 146 and 147 of the Law of Property Act 1925 or in the preparation or service of any notice thereunder respectively notwithstanding that forfeiture is avoided otherwise than by relief granted by the Court To pay costs of consents 17. To pay all reasonable costs and expenses of the Company (including all solicitor' s and surveyor' s costs and fees) incurred in granting any consent under this Lease Not to avoid insurance 18. Not to do or permit or suffer any act matter or thing in or upon the Flat which may render any increased or extra premium to be payable for the insurance of the Block or which may make void or voidable any policy for such insurance and to indemnify the Company against any increased or additional premium which by reason of any such act or default of the Lessee may be required for effecting or keeping up any such insurance and in the event of the Flat or the Block or any part thereof being damaged or destroyed by fire or any other risk insured in accordance with the provisions hereinafter contained at any time during the term hereby granted and the insurance money under any insurance policy effected thereon in accordance with such provisions being wholly or partially Irrecoverable by reason solely or in part of any act of default of the Lessee then and in every such case the Lessee - 19 - will forthwith pay to the Company the whole or (as the case may require) a fair proportion of the cost of reboilding and reinstating the same. Any dispute as to the proportion to be so contributed by the Lessee or otherwise in respect of or arising out of this provision is to be referred to arbitration in accordance with the provisions of the Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof for the time being in force TQ permit letting notice 19. To permit the Company or its surveyors or agents at any time during the last three months of the term hereby granted howsoever determined to exhibit suitable notice boards in any part of the Block {but so that no notice shall be exhibited in or upon any windows or doors of the Flat) that the Flat or the Block and curtilage of any of them are or is to be let or sold and also at ^11 convenient hours in the daytime by appointment if reasonably possible to enter into with and to show the Flat to any person desiring to. view the same and to allow any persons producing a written authority from the Company or its surveyors or agents to enter and view the same To yield up in repair 20. At the expiration or sooner determination of the said term to yield up to the Company the Flat together with all additions and improvements made thereto in the meantime so decorated repaired cleansed maintained amended and kept as aforesaid Not to obstruct entrances 21. Not to do or suffer to be done anything which might hinder or prevent free acces s with or without vehicles to the entrance doors of the Estate and in particular not to park or allow the parking of any motor vehicle on any part of the Block except upon the Parking Space To forward notices 22. Forthwith to give notice to the Developer and the Company of any notice or order or proposal for a notice or order served under any statute order regulation or bye-law on the Lessee or any underlessee of the Flat and if so required by the Company to produce the same and where reasonably required by the Company make or join in making such applications and representations in respect thereof as are referred to in paragraph 1 of the Sixth - 20 - b ' Schedule 'j Not to erect aerial- ns | 23. Not to erect or cause or permit to be erected upon the exterior I of the Flat or upon any exterior part of the Block any satellite television dish or any wireless television or other aerial or ^. other apparatus for receiving wireless telegraphic or other signals and not to cause or permit any such aerial or apparatus wholly or in part to project from the interior of the Flat ; To pay or contribute to repairs necessitated by Lessee's default j •| 24. To repay to the Company all costs charges and expenses incurred by the Company in repairing renewing and reinstating any part of the Block not hereby demised or any conduits laid in connection with the Block so far as such repair renewal or reinstatement shall have been necessitated or contributed to hy any act negligence or default of the Lessee Not to obstruct windows 25. Wat to stop up darken or obstruct any windows or lights belonging to the Block or any adjoining or neighbouring buildings belonging to the Developer or the Company nor knowingly permit any new window light opening doorway path passage or drain or other encroachment or easement to be made or acquired into against or upon the Flat and in case any such window light opening doorway path passage drain or other encroachment or easement shall be made or attempted to be made forthwith upon first becoming aware thereof to give notice in writing to the Company and at the request of the Company to adopt such means as may be reasonbly required or deemed proper for preventing such encroachment, or the acquisition of any such easement To occupy as private residence 26. Not without the Company's consent to use or occupy the Flat (a) otherwise than as a private dwelling in the occupation of one family (b) without prejudice to the general application of sulx:lause (a) hereof not to carry on in the Flat or any part thereof any business as defined by Section 23(2) of the Landlord and Tenant Act 1954 or any statute amending or re-enacting the same Use of Parking Space 27.1 Not to use the Parking Space except for parking a private motor - 21 - car 27.2 Not to carry out any repairs to any motor vehicle for the time being parked on the Parking Space other than minor repairs which can be carried out without causing any noise or nuisance 27.3 Not to store on the Parking Space or in any vehicle for the time being thereon any petrol oil or other inflammable material except for petrol and oil in the tanks of such vehicle Tto observe the Regulations 28. At all times during the term to observe the Regulations OHE FOJRffl SCHEDULE Part I Variation of Proportions If in the opinion of the Company it should at any time became necessary or equitable to do so the Company shall recalculate on an equitable basis the service charge proportions appropriate to the flats in the Block and notify the lessees accordingly and in such case as from the date specified in the notice the new service charge proportion notified to the Lessee in respect of the Flat shall be substituted for that set out in Clause 1.7 and the new proportions notified to the other lessees in respect of the other flats shall also be substituted for those set out in Clause 1.7 of their leases Part II Computation of Annual Maintenance Provision 1. 'The Annual Maintenance Provision in respect of each Maintenance Year shall be computed not later than the beginning of December immediately preceding the commencement of the Maintenance Year (other than the Maintenance Provision for the current Maintenance Year which has already been computed) and shall be computed in accordance with paragraph 2 hereof 2. The Annual Maintenance Provision shall consist of:- A sum comprising: (i) the expenditure estimated as likely to be incurred in the Maintenance Year by the Company for the purposes mentioned in the Fifth Schedule together with (ii) an appropriate amount as a reserve for or towards those of the matters mentioned in the Fifth Schedule as are likely to give rise to expenditure after such Maintenance Year being matters which are likely to arise either only once during the then unexpired term of this Lease or at intervals of more than one year during such unexpired term including (without prejudice to the generality of the - 22 - foregoing) such matters as the decorating of the exterior of the Block the repair of the structure thereof and the repair of drains (i i i) a reasonable sum to remunerate the Company for its administrative and management expenses in respect of the Block (including a profit element) such sum if challenged by any lessee to be referred for determination by an independent Chartered Accountant appointed on the application of the Company by the President of the Institute of Chartered Accountants in England and Wales acting as an expert PROVIDED that the Annual Maintenance provision for the first Maintenance Year shall be computed on the basis of (i) and (iii) above (a) After the end of each Maintenance Year the Company shall determine the Maintenance Adjustment calculated as set out in the next follcwing sub—paragraph (b) the Maintenance Adjustment shall be the amount (if any) by which the estimate under paragraphs 2 (i) and (i i i) above shall have exceeded or fallen short of the actual expenditure in the Maintenance Year (c) the Lessee shall be allowed or shall on demand pay as the case may be the proportion appropriate to the demised premises of the Maintenance Adjustment Subject to the provisions of paragraph 2 (iii} of this part of this Schedule a certificate signed by the Company and purporting to shew the amount of the Annual Maintenance Provision or the amount of the Maintenance Adjustment for any Maintenance Year shall be conclusive of such amount Ine Ccmpany shall arrange for accounts of the Service Charge in respect of each Maintenance Year to be prepared and shall supply to the Lessee a summary of such accounts Until the date on which the sale of the last flat in the Block shall be completed the Company may apportion the costs of supplying and maintaining a supply of water to the Block (as provided for in clause 3(b) of the Fifth Schedule) against such of the flats as have been completed and sold in such reasonable proportion as the Ccmpany shall decide IHE FIFTH SCHEDULE - 23 - Purposes for which the Service Charge is to be applied Decoration and repair of structure and maintenance of grounds 1. (a) As often as may in the opinion of the Company be necessary to prepare and oJscorate in appropriate colours with good quality materials and in a workmanlike manner all the outside rendering wood and metalwork of the Block usually decorated (b) To keep the interior and exterior walls and ceilings and floors of the Block and the whole of the structure roof foundations and main drains boundary walls of the Block (but excluding such parts thereof as are included in the Flat by virtue of the definition contained in Part I of the First Schedule and the corresponding parts of all other flats in the Block) in good repair and condition (c) Whenever reasonably neces sary to 1 ight maintain c leanse repajjr renew and maintain the Amenity Areas Decoration and repair of cannon parts 2. (a) To keep the entrance hall staircase and landing leading to the flats in the Block and used in common by the tenants and occupiers of the flats and all conduits now laid or hereafter to be laid in or upon the Block or any part thereof (other than those serving exclusively individual flats therein) in good repair and condition and as often as may in the opinion of the Conpany be necessary in a suitable and workmanlike manner to prepare and decorate with good quality materials and interior of the said common parts (b) To keep the common parts aforesaid suitably furnished lighted cleaned and supplied with electricity (c) To clean the windows of the common parts Payment of outgoings 3. (a) To pay all existing and future rates taxes duties assessments charges impositions and outgoings whatsoever whether parliamentary parochial local or of any other description which are now or during the term shall be assessed charged or imposed or payable on or in respect of the entirety of the Block or the curtilage or common parts thereof and in the event of the curtilage or common parts or any part thereof or any such flat being assessed or charged together with any other flat or flats to pay a due - 24 - ; proportion thereof to be conclusively determined by the Company (b) To pay all costs and expenses incurred by the Company in maintaining a supply of water to the Block including the costs of inaintaining repairing and replacing all pumps and other apparatus used in maintaining such supply To employ staff 4. Unless prevented by any cause beyond the control of the Company to employ such staff to perform such services as the Company shall think necessary in or about the Block but so that the Company shall not be liable to the lessee for any act default or omission of such staff Payment, of costs incurred in management 5 . To make provision for the payment of all costs and expenses incurred by the Company ( a ) in the running and management of the Block and the collection of the rents and service charges in. respect of the flats therein and in the enforcement of the covenants and conditions and regulations contained in the leases granted of the flats in the Block and (b) in making such applications and representations and taking such action as the Company shall reasonably think necessary in respect of any notice or order or proposal for a notice or order served under any statute order regulation or bye-law on the Lessee or any underlessee of the Flat or on any tenant or underlessee of any other of the flats in the Block or on the Company in respect of the Block or the curtilage thereof or all or any of the flats therein and (c) in the determination of the Company's remuneration referred to in paragraph 2(iii) of Part II of the Fourth Schedule (d) in the preparation and audit of the Service Charge accounts Television aerial radio relay and internal telephone 6 . To pay all expenses including rental or leasing payments of providing maintaining repairing renewing servicing or otherwise relating to the comraunal television aerial or aerials the relay service for radio or television broadcasts or other similar apparatus the internal telephone system of the Block and any video entry system ( if any of the foregoing are installed) including any fees or charges payable to any contractor person or - 25 - corporation in respect of the same Enforcing covenants of other leases in favour of the Company 7. If so required by any tenant to enforce the covenants and conditions contained herein on the part of the lessee or the similar covenants and conditions entered into or to be entered into by the tenants of other flats in the Block in favour of the Company so far as the same affect the property dimised to the tenant requiring such enforcement and on such tenant indemnifying the Company against all costs and expenses in respect of such enforcement and (if so required by the Company) giving reasonable security for such costs and expenses Insurance against fire etc 8. To keep the Block (including the lessor's fixtures and fittings and the furnishings of the common parts thereof but not the contents of any flat therein) insured against loss or damage by fire lightning storm tempest flood escape of water explosion impact aircraft or anything dropped therefrom riot or civil ccomotion and such other risks as the Company and the Developer shall think fit for a sum equal to not less than the full replacement value thereof including loss of ground rent and all architect' s surveyor' s and other fees necessary in connection therewith in some insurance office of repute and through such agency as the Company shall in its discretion decide and to have the Lessee the Developer and the Company included in the policy as insured persons and to produce to the Lessee on request the policy of insurance and the receipt for the current premium and forthwith to utilise the proceeds received of any such policy so far as the same will extend to rebuild or reinstate the Block and the Lessee hereby authorises the Company to receive the insurance moneys for this purpose but without prejudice to the Lessee's liability to pay or contribute to the costs thereof as hereinbefore provided in the event of the insurance money being wholly or partially irrecoverable by reason of any act or default of the Lessee his servants agents guests invitees or licensees PROVIDED THAT the Block shall be deemed to be insured for a sum equal to the full replacement value thereof notwithstanding that any policy or policies of insurance in force contains a provision whereby the first part of any loss shall not be borne by the Insurers (hereinafter called "an excess provision") so long as - 26 - the Company is satisfied that the inclusion of such an excess provision in any policy .of insurance is in the general interest of the lessees of the flats in the Block having regard to the additional costs of insuring without such an excess provision Third Party Insurance 9 . To effect insurance against the liability of the Ccrnpany to -third parties and against such other risks and in such amount as the Company shall think fit (but not against the liability of individual lessees as occupiers of the flats in the Block) Payment of taxes 10. To pay any taxes which may be assessed or charged on the Service Charge or the income arising from any investment of the same Costs of discontinuance 11. To pay any costs incurred in or resulting frcm the discontinuance of any matters pursuant to Clause 4.1(d) Joint expenditure 12 . To reimburse to the adjoining owner (which expression shall mean and include the Ccrnpany and the Company's successors in title being the owner or owners of any adjoining property and any agent or administration company or Trustee employed by them) a due proportion of any expenditure incurred by the adjoining owner which relates both to any such ad j oining property and to the Block and falls within any of the purposes mentioned in this Schedule Provided always that where any such expenditure is incurred it shall be apportioned in such manner as may be agreed between the Company or the Surveyor and the adjoining owner's surveyor or in default of agreement determined by an independent surveyor to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors who shall act as an expert and whose determination shall be final and binding on the parties Other services and expenses 13. To carry out all repairs to any other part of the Block for which the Company may be liable and to provide and supply such other services for the benefit of the lessee and the other tenants of flats in the Block and to carry out such other repairs and such improvements works additions and to defray .such other costs (including the modernisation or replacement of plant and machinery) as the Company shall consider necessary to maintain - 27 - the Block as a block of good class residential flats or otherwise desirable in the general interest of the Lessees TOE SIXTH SCHEDULE Company's Covenants It) make applications 1. 1b make such applications and representations and take such actions as it shall reasonably think necessary in respect of any notice or order or proposal for a notice or order served under any statute order regulations or bye-law on the Lessee or on any underlessee of the Flat or on any tenant or underlessee of any other of the flats in the Block or on the Company itself in respect of the Block or all or any of the flats therein Tto enforce covenants of other Lessees 2. If so required by the Lessee to enforce the covenants and conditions similar to those contained herein on the part of the Lessee entered into or to be entered into by the tenants of the other flats in the Block so far as they affect the Flat on the Lessee indemnifying the Company against all costs and expenses of such enforcement and giving reasonable security for such costs and expenses To impose regulations on tenants of other flats 3. "Brat every lease or tenancy of a flat and parking space in the Block hereafter granted shall contain regulations to be observed by the lessee or tenant thereof identical with the Regulations and (save for such variations as may be necessary in the case of flats let at rack rents) shall be substantially in the form of this Lease and contain covenants on the part of the lessee similar in all material respects to those contained in this Lease To observe regulations in respect of retained premises 4- As to the parts of the Block retained by the Company or which may come into the possession of the Company by the determination or expiration of any lease of any part of the Block at all times during the term hereby granted to observe and perform the Regulations THE SEVEN1H SCHEDULE Regulations to be observed by the Lessee 1. Not to do or permit to be done whether by himself or his family servants agents or visitors any illegal or immoral act or any act to the damage or annoyance or nuisance of the Company or the - 28 - tenants of the Company or the occupiers of any part of the Block or the neighbourhood 2. Not to use any electrical device which has not an effective suppressor fitted thereto 3. Not without the written consent of the Company to keep any animal bird or reptile in the Flat 4. Not to obstruct the entrance hall staircases and landing leading to the {u:pper floor) flats 5. The Lessee will close cover all floors of the Flat with carpet and underfelt or (in the bathroom lavatory and kitchen only) vinyl or sound absorbing tiles except while the same shall be removed for cleaning repairing or decorating the Flat or for some temporary purpose 6. Not to place or fix outside the windows of the Flat any sun blinds window boxes flower pots or other articles without the written consent of the Company and not to put hang or permit to be hung any clothing or other articles upon the outside of the Flat or the Block 7. Not to place any advertisement sign or notice of any description in the windows or on the outside walls or door of the Flat but this provision shall not prevent the Lessee from having his name outside the entrance door of the Flat on a plate of a size and design to be approved by the Company 8. Not to allow estate agents or other for sale or sold or to let boards to be erected upon any part of the Block {or the Estate) 9. To place all domestic refuse in a suitable container of a type approved by the Ccmpany to be provided by the Lessee in such area as may be specified by the Ccmpany (The Common Seal of ST. {DEVELOPMENTS LTD was 'affixed in the presence of :- Director Secretary - 29 - Ccrrtron Seal of B3LDIWS & MANAGEMENT (SOLITAIRE) LIMITED was affixed in the presence of :- ) Secretary - 30 - 0 o o H O 33 O GROUND FLOOR PLAN STANDARD SEARCHES SF12459352000 - Confirmation of personal search for J.Dodd.09 - UK2 Mail - Msg Page 1 of 1 From: We are pleased to confirm that your Personal Search has been booked to be carried out on 02/09/2009. The property address for which you have requested a Personal Search is as follows: Flat 13 Sanderstead Heights 3 Addington Road South Croydon Surrey CR2 8RE Please be advised that you have 24 hours from the despatch time of this email to decide if the booked date is acceptable and make alternative arrangements if not. You will be aware that our terms and conditions allow for the whole search fee to be charged at the point of ordering on our site, however we will charge a reduced fee of £50 to cover our administration costs. Any searches cancelled within 24 hours of our attendance at the local authority offices will be charged at full price. The NLIS turnaround time for this search is 4 days. Please do not hesitate to contact us should you require any further information. Kind Regards PSA Helpdesk Our address Is: MDA SearchFlow Ltd 42 Kings Hill Avenue Kings Hill Kings Hill Kent ME19 4AJ Our contact phone numbers are: Help desk-01732 877785 Sales - 0870 787 7625 Technical support - 0870 990 9947 Fax - 08708 708886 Email - s^hgjylejsjgisearchfjow.co.uk From: http://mail.uk2.net/reademail.pl?print=l&id=cur/1251291278.H693135P25249.smtp3... 27/08/2009 Residential CON29DW Drainage & Water Search Manchester Solicitors (Searchflow) 21 Limpsfield Road CR29LA Search address supplied Flat 13 Sanderstead Heights 3 Addington Road South Croydon CR28RE Your reference J.Dodd.09 Our reference DWS/DWS Standard/2009 1582445 Received date 25 August 2009 Search date 27 August 2009 Responses as required by the Home Information Pack Regulations (No2) 2007. Please Note: Thames Water implemented a new improved geographical information mapping system on 27 July 2009, and you will therefore notice some minor changes to the symbols used on our plans. We have included a details key to help you with interpretation but if you have any queries, please call our customer service team on Thames Water Utilities Ltd 01189251504. Properly Insight PO Box 3189 Slough SL1 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] CON29DW I www.iwpropertyinsight.co.uk DRAINAGE AND WATER ENQUIRY Reoiitfred in England and Wales No, 2366661, Registered otfice Ctearwilur Court, Vaslecn Road Reading RG1 BOB Pagsl o(20 Residentia CON29DW Drainage & Water Search Search address supplied: Flat 13, Sanderstead Heights, 3, Addington Road, South Croydon, CR2 8RE Any new owner or occupier will need to contact Thames Water on 0845 9200 888 or log onto our website www.thameswater.co.uk and complete our online form to change the water and drainage services bills to their name. This CON29DW Drainage and Water Search complies with the requirements of Statutory Instrument 2007 No 1667 Schedules 6 and 8 to regulation 8(1) as it contains the enquiries and the appropriate responses set out in Part 2 of Schedule 8. The following records were searched in compiling this report: - 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. Thames Water Utilities Ltd (TWUL) holds all of these. TWUL, trading as Property Insight, are responsible in respect of the following: - (i) any negligent or incorrect entry in the records searched; (ii) any negligent or incorrect interpretation of the records searched; (iii) and any negligent or incorrect recording of that interpretation in the search report (iv) compensation payments Please refer to the attached Terms & Conditions. Thames Walar Utilities Ltd Property Insight POBox3189 Slough SL14WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I VAw/.iwpropertyi nslghtco.uk Regralwed in England and Wales No. 216666], Roller =d office dearwalef Coucl, Vaslem Road Reading RG1SDB Page 2 o(2D Residential CON29DW Drainage & Water Search Q1 - Interpretation of CON29DW Drainage and Water Search This report complies with the terms and expressions identified in Part 1 of Schedule 8 of Statutory Instrument 2007 No 1667. Q2 - Enquiries and Response This CON29DW Drainage and Water Search complies with the requirements of Statutory Instrument 2007 No 1667 Schedules 6 and 8 to Regulation 8(!) as it contains the enquiries and the appropriate responses set out in Part 2 of Schedule 8. The records were searched by Siobhan Bannister of Thames Water Utilities and SESW08 of Sutton and East Surrey Water Company who has no, nor is likely to have, any personal or business relationship with any person involved in the sale of the property. This search report was prepared by Siobhan Bannister of Thames Water Utilities who has no, nor is likely to have, any personal or business relationship with any person involved in the sale of the property. For your guidance: • Thames Water Property Insight's Complaints Procedure; o Thames Water Property Insight offers a robust complaints procedure. Formal complaints can be made by telephone, in writing or by email at searches@thameswater,co.uk. o Whilst we will endeavour to resolve complaints by telephone, there may be the need to investigate the complaint further to identify the error and in some cases 3rd party consultation will be required. For this reason, we will log all complaints on our system and a response will be provided to the customer within 24 hours. If no error has occurred a full explanation will be provided. o If the query cannot be resolved within 24 hours, the customer will be provided with an update within 48 hours. Where necessary the search will be recompiled free of charge and an amended copy will be dispatched to the customer as soon as possible. o For queries relating to an expedited search that has exceeded its SLA, the fees will be adjusted accordingly. If a refund or compensation has been agreed, this will be sent to the customer Tfianies Water Utilities Ltd within approximately 6 weeks. Property Insight PO Box 3189 o If the customer is not satisfied with the resolution to their query, a Slough SL1 4WW Senior Manager will review the matter and respond within 5 working days. DX 151280 Slough 13 T 0118 925 1504 F 01189236655/57 E [email protected] I vww.twpropertyinslght.co.uk Regained In England and Wale* No. 2366661, Registered office Ctearwaler Court, Vaslem Road Reading RG1 BOB Page 3o(20 Residential CON29DW Drainage & Water Search Q3 - Where relevant, please include a copy of an extract from the public sewer map. A copy of an extract of the public sewer map is included, showing the public sewers, disposal mains and lateral drains in the vicinity of the property. For your guidance: . Public Sewers are defined as those for which the Company holds statutory responsibility under the Water Industry Act 1991. • The company 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 indicated on the extract from 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 may be shown on the copy extract, for information. Q4 - Does foul water from the property drain to a public sewer? Records indicate that foul water from the property drains to a public sewer. For your guidance: • Water companies are not responsible for any private drains and 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 that also serves other properties. These may pass through land outside 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. • if foul water does not drain to the public sewerage system, the property may have private facilities in the form of a cesspit, septic tank or other type of treatment plant. • An extract from the public sewer map is enclosed. This will show known public sewers in the vicinity of the property and it should be possible to estimate the likely length and route of any private drains and/or sewers Thames Water Utilities Ltd connecting the property to the public sewerage system. Property Insight POBox31S9 Slough SL1 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I www.lwpropertyinslght.co.uk Registered In England and Walei No. 2366661, Hegiitered office Cle«rw»t«r Court. Vaslem Road Rearing RG1 BOB Page 4 of 20 Residentia CON29DW Drainage & Water Search Q5 - Does surface water from the property drain to a public sewer? Records indicate that surface water from the property does not drain to a public sewer. For your guidance: • Water companies are not responsible for private drains and 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 that 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, water company records do not distinguish between foul and surface water connections to the public sewerage system. • If surface water does not drain to the public sewerage system, the property may have private facilities in the form of a soakaway or private connection to a watercourse. • An extract from the public sewer map is enclosed. This will show known public sewers in the vicinity of the property and it should be possible to estimate the likely length and route of any private drains and/or sewers connecting the property to the public sewerage system. 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 such an agreement? Records confirm that sewers serving the development, of which the property forms part are not the subject of an existing adoption agreement or an application for such an agreement For your guidance: • This enquiry is of interest to purchasers of new homes who will want to know whether or not the property will be linked to a public sewer. • Where the property is part of a very recent or ongoing development and the sewers are not the subject of an adoption application, buyers should consult with the developer to ascertain the extent of private drains and sewers for which they will hold maintenance and renewal Thames Water Utilities Ltd liabilities. Properly Insight POBQX3189 • Final adoption is subject to the developer complying with the terms of Slough SL1 4WW the adoption agreement under Section 104 of the Water Industry Act DX 151280 Slough 13 1991 and meeting the requirements of'Sewers for Adoption' 6lh Edition. T 01189251504 F 01139236655/57 E [email protected] I www.lwpropertyinslght.co.ut; Repstwed In EriflUir,cl and Walei No. 2366661, Regiitered office C!eaiwat« Court, V»t«n Road Reading RG1 oDB Page 5 of2D Residential CON29DW Drainage & Water Search Q7 - Does the public sewer map indicate any public sewer, disposal main or lateral drain within the boundaries of the property? 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. For your guidance: • The boundary of the property has been determined by reference to the plan supplied. Where a plan was not supplied the Ordnance Survey Record was used. • The presence of a public sewer running within the boundary of the property may restrict further development. The company 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. • Sewers 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 be checked with the developer, if any. Q8 - Does the public sewer map indicate any public sewer within 30.48 metres (100 feet) of any buildings within the property? The public sewer map indicates that there are no public sewers within 30.48 metres (100 feet) of a building within the property. However, it has not always been a requirement for such public sewers to be recorded on the public sewer map. It is therefore possible for unidentified sewers or public sewers to exist within the boundaries of the property. For your guidance: • The presence of a public 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 sewer. • The measurement is estimated from the Ordnance Survey record, between the building(s) within the boundary of the property and the Thames Water Utilities Lid nearest public sewer. Proparty Insight PO Box 3189 • Sewers indicated on the extract of the public sewer map as being Slough SL1 4WW subject to an agreement under section 104 of the Water Industry Act DX 151280 Slough 13 1991 are not an 'as constructed' record. It is recommended that these T 01189251504 details are checked with the developer. F 01189236655/57 E se a rches@tham eswater.cc.uk 1 www.lwpropertyinalghl.co.uk Regattred In England and Waiei Ha. 2366661, Roci.Lcred offict Ctfflrwator Court, Vaitetn Road Reading RG1 8DB Page 6 of20 CON29DW Drainage & Water Search 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 sewer, disposal main or drain? 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. For your guidance: • Buildings or extensions erected over a sewer in contravention of building controls may have to be removed or altered. Q10 -Where relevant, please include a copy of an extract from the map of waterworks. A copy of an extract from the map of waterworks is included in which the location of the property is identified. For your guidance: • The "water mains" in this context are those, which are vested in and maintainable by the water company under statute. • Assets other than public water mains may be shown on the plan, for information only. • Water companies are not responsible for private supply 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. « If an extract of the public water main record is enclosed, this will show known public 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. Thames Water Utilities Ltd Property Insight P OBox3189 Slough SL1 4WW DX 151260 Siough 13 T 01189251504 F 01189236655/57 E [email protected] I vjww.twpfopertyinsighLco.uk Registered In England and Wales No. 236S661, Registered office Clearwater Court, Vastem Road ReadingRG! SOB Residential CON29DW Drainage & Water Search 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 such an agreement? 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 For your guidance: • This enquiry is of interest to purchasers of new homes who will want to know whether or not the property will be linked to the mains water supply. Q12 — Who are the sewerage and water undertakers for the area? Thames Water Utilities Limited, Clearwater Court, Reading, RG1 8DB is the sewerage undertaker for the area and Sutton & East Surrey Water, London Road, Redhill, Surrey, RH1 1LJ is the water undertaker for the area. Q13-ls the property connected to mains water supply? Records indicate that the property is connected to mains water supply. For your guidance: • The Company does not keep details of private supplies. The situation should be checked with the current owner of the property. Q14 - Are there any water mains, resource mains or discharge pipes within the boundaries of the property? The map of waterworks does not indicate any water mains, resource mains or discharge pipes within the boundaries of the property. For your guidance: • The boundary of the property has been determined by reference to the plan supplied. Where a plan was not supplied the Ordnance Survey Record was used. • The presence of a public water main within the boundary of the property may restrict further development within it. Water companies Thames Water Utilities Ltd have a statutory right of access to carry out work on their assets, Property Insight PO Box 3189 subject to notice. This may result in employees of the company, or its Slough SL1 4WW contractors, needing to enter the property to carry out work. DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] 1 www.twpropertyi nslghl.co.uk Registered in England and Wales No. 2366661, Regiitered office Clcarwater Court, Vastem Road Reading RG1 SOB Page 80(20 Residential CON29DW Drainage & Water Search Q15 - What is the current basis for charging for sewerage and water services at the property? Records indicate that a third party is billed for the water and/or sewerage charges. It is recommended therefore that the charge basis is checked with the vendor. For your guidance: • 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 Water industry Act 1991 Section 150, The Water Resale Order 2001 provides protection for people who buy their water or sewerage services from a person or company instead of directly from a water or sewerage company. Details are available from the Office of Water Services (OFWAT) website is www.ofwat.gov.uk. • Where charges are given these are based on the data available at the time of the report. • 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: o Watering the garden other than by hand (this includes the use of sprinklers), o Automatically replenishing a pond or swimming pool with a capacity greater than 10,000 litres, o A bath with a capacity in excess of 230 litres, o A reverse osmosis unit Thames Water Ulililies Lid Property Insight PO Box 3189 Slough SU 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I www.twpropertyinslghl.co.uk Resislered In England and Wales (Jo. 2366661. Refliitered olficc CleafWBler Court, Vailcrn Road Rearing RGl BOB Page 9 of10 Residential CON29DW Drainage & Water Search Q16 - Will the basis for charging for sewerage and water services at the property change as a consequence of a change of occupation? There will be no change in the current charging arrangements as a consequence of a change of occupation. For your guidance: • 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 Water Industry Act 1991 Section 150, The Water Resale Order 2001 provides protection for people who buy their water or sewerage services from a person or company instead of directly from a water or sewerage company. Details are available from the Office of Water Services (OFWAT) website is www.ofwat.gov.uk. • It is policy to meter all new water connections. This would result in charges being levied according to the measured tariff. • 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: o Watering the garden other than by hand (this includes the use of sprinklers), o Automatically replenishing a pond or swimming pool with a capacity greater than 10,000 litres, o A bath with a capacity in excess of 230 litres. o A reverse osmosis unit Q17- Is a surface water drainage charge payable? Records indicate that the Water Company does not levy charges direct to the property, a third party is billed for the water and/or sewerage charges. It is recommended therefore that the charging situation is checked with the vendor. For your guidance: • Where surface water from a property does not drain to the public sewerage system no surface water drainage charges are payable. • 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 Thames Water Utilities Ltd end surface water charges. For further information please contact Property Insight PO Box 3189 Thames Water on Tel: 0845 9200 888 or website Slough SL1 4WW www.thameswater.co.uk DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I www.twpropertyinsighl.co.uk Registered in EnsHand and Wales No. 236660), Rrp'lefed office ClearwBlH Court, Vntem Road Reading RGI flDB Page 10 of 2D Residentia CON29DW Drainage & Water Search Q18 - Please include details of the location of any water meter serving the property. Records indicate that the Water Company does not levy charges direct to the property, a third party is billed for the water and/or sewerage charges. It is recommended therefore that the meter location is checked with the vendor. For your guidance: • Where a meter does not serve the property and the customer wishes to consider this method of charging, they should contact the water undertakers mentioned in question 12. Q19 -Who bills the property for sewerage services? The property is billed for sewerage services by Sutton & East Surrey Water London Road Redhill Surrey RH1 1LJ Tel: 01737772000 www.waterplc.co.uk. Q20 - Who bills the property for water services? The property is billed for water services by; Sutton & East Surrey Water London Road Redhill Surrey RH1 1LJ Tel: 01737772000 www.waterplc.co.uk. Thames Waler Utilities Ltd Q21 - Is the dwelling-house which is or forms part of the property at risk of Property Insight PO Box 3189 internal flooding due to overloaded public sewers? Slough SL1 4WW DX 151280 Slough 13 The property is not recorded as being at risk of internal flooding due to T 01189251504 overloaded public sewers. F 01169236655/57 E [email protected] I wvw.lwpfopertyinslgbl.co.uk Registered in England and Wates No. 2366661, Res«lered office Clearwaler Court, Vastem Road Reading RG1 BOB Page 11 of 20 CON29DW Drainage & Water Search For your guidance: • 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 water company is required to include in the Regulatory Register that is presented annually to the Director General of Water Services. 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 Company'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. • Properties may be at risk of flooding but not included on the Register where flooding incidents have not been reported to the Company. • Public Sewers are defined as those for which the Company holds statutory responsibility under the Water Industry Act 1991. • It should be noted that flooding can occur from private sewers and drains which are not the responsibility of the Company. This report excludes flooding from private sewers and drains and the Company makes no comment upon this matter. • For further information please contact Thames Water on Tel: 0845 9200 800 orwebsitewww.thameswater.co.uk Q22 - Is the property at risk of receiving low water pressure or flow? Records confirm that the property is not recorded on a register kept by the water undertaker as being at risk of receiving low water pressure or flow. Thames Water Utilities Ltd Property Inslgdt P OBox3189 Slough SL1 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I www. twpropertyinEight.co.uk Registered In England and Wales No. 2366661, Registered office Clearwattr Court. Vastem Road ReadinflRG! BOB Page 12 of 20 Residential CON29DW Drainage & Water Search For your guidance: • The boundary of the property has been determined by reference to the plan supplied. Where a plan was not supplied the Ordnance Survey Record was used. • "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 Companies are required to include in the Regulatory Register that is presented annually to the Director Genera! 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 10metres / 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 10metres head on the customers' 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 the 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 Pressure Register) 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 Thames Water Utilities Lid maintenance. Property Insight PO Box 3189 • One-off incidents: This exclusion covers a number of causes of low Sloueh SL1 4WW pressure; mains bursts; failures of company equipment (such as DX 151280 Slough. 13 pressure reducing valves or booster pumps); firefighting; and action by T 01189251504 a third party. However, if problems of this type affect a property F 01189236655/57 E [email protected] frequently, they cannot be classed as one-off events and further 1 wvw.lwpfopertyinsighl.co.uk investigation will be required before they can be excluded. Registered in England and Wal« No.2366661. Rtytttred office Cleamalw Court, Vattem Road Reading RO1 BOB Page 13 CON29DW Drainage & Water Search • Low-pressure incidents of short duration: Properties affected by low pressures, which only occur for a short period, and for which there is evidence that incidents of a longer duration would not occur during the course of the year, may be excluded from the reported DG2 figures. . Please contact your water company mentioned in Question 12 if you require further information. 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 year. The analysis confirmed that all tests met the standards prescribed by the 2000 Regulations or the 2001 Regulations. For your guidance: * Thames Water investigates all infringements of drinking water quality standards and takes appropriate corrective actions to resolve any problems. If there were any risk to public health from the quality of drinking water supplied, the Company would have informed customers immediately and advised not to drink the water until the issue had been resolved. * Water companies have a duty to provide wholesome water that meets the standards of the Water Supply (Water Quality) Regulations 2000. However, the householder is responsible for any deterioration in water quality that is a result of the domestic distribution system (the supply pipe and the plumbing within the property) that results in the standards not being met. * In England and Wales these regulations implement the requirements of the European Drinking Directive 98/83/EC. The 2000 regulations impose standards for a range of parameters, which are either health based to ensure the water is safe to drink or to ensure the water is aesthetically acceptable. They also require that drinking water should not contain any element, organism or substance (whether or not a parameter) at a concentration or value, which would be detrimental to public health. • Water quality is normally tested at the tap used for domestic consumption, normally the kitchen. However, the householder is responsible for any of deterioration in water quality that is a result of the domestic distribution system (the supply pipe and the plumbing within the property) that results in the standards not being met. Thames Water Uliliiies ltd Property Insight • If there are concerns that lead pipes within the property may be causing PO Box 3189 high levels of lead in your drinking water please contact your water Slough SL1 4WW company mentioned in Question 12 for further advice. DX 151280 Slough 13 T 01189251504 F 01189236655/57 E [email protected] I wvw/.twpr&perlyinslghi.co.uk Registered in England and Wales No. 2366661, Registered office Ctearwater Court, Vastern Road Reading RG1 8DB Page 14 of 20 Residential CON29DW Drainage & Water Search • The Water Company undertakes a monitoring programme to establish water quality that includes random sampling from domestic properties. It will notify the consumers of any failures to meet the water quality standards that are due to the condition or maintenance of the domestic distribution system. • The data collected by the company is subject to external review by the Drinking Water Inspectorate (DWI) and by local and health authorities. In addition to reviewing quality data the DWI also carry out audits during which any area of the company's operation can be examined. Further information may be found at www.dwi.gov.uk • If you require further advice regarding these failures, please contact your Water Company mentioned in Question 12. Q24 - Please include details of any departures, authorised by the Secretary of State under Part 6 of the 2000 Regulations from the provisions of Parts of those Regulations. There are no such authorised departures for the water supply zone. For your guidance: • 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 mentioned in Question 12 if you require further information. Thames Water Ulililles Lid Property Insight PO Box 3189 Slough SL1 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E se arch es@thameswoter. co.uk I www.lwpropertyinslQht.co.uk Registered in England and Waloa No. 2366661, Registered office Cleorvoter Court, Vastem Rosd Reading RG1 SDB Page 15 of 20 Residential CON29DW Drainage & Water Search Q25 - Please state the distance from the property to the nearest boundary of the nearest sewage treatment works. The nearest sewage treatment works is 6.223 kilometeres to the north west of the property. The name of the nearest sewage treatment works is BEDDINGTON STW. For your guidance: • The nearest sewage treatment works will not always be the sewage treatment works serving the catchment within which the property is situated. • The sewerage undertaker's records were inspected to determine the nearest sewage treatment works. • It should be noted that there may be a private sewage treatment works closer than the one detailed above that has not been identified. • As a responsible utility operator, Thames Water Utilities seeks to manage the impact of odour from operational sewage works on the surrounding area. This is done in accordance with the Code of Practice on Odour Nuisance from Sewage Treatment Works issued via the Department of Environment, Food and Rural Affairs (DEFRA). This Code recognises that odour from sewage treatment works can have a detrimental impact on the quality of the local environment for those living close to works. However DEFRA also recognises that sewage treatment works provide important services to communities and are essential for maintaining standards in water quality and protecting aquatic based environments. For more information visit www.thameswater.co.uk Payment for this Search The charge will be added to the NLIS Account This search was ordered through National Land Information Services, Russell Square House, 10-12 Russell Square, London WC1B 5LF. Please note that none of the charges made for this report relate to the provision of Ordnance Survey mapping information. All prices are in accordance with the standard terms of Property Insight; please contact us on 0118 925 1504 to obtain further details. Thames Water Utilities Lid Property Insight P OBox3189 Slough SL1 4WW DX 151280 Slough 13 T 01189251504 F 01189236655/57 E sea rches@thameswa ter.co.uk I ww«. twp rope rtyinslght.co.uk Registered In England and Wale* fJo.2J66661,Regl»tered office CleaiwBtw Court. Vnltm Rood Readcig RG180S Page 16 of 20 Residential CON29DW Drainage & Water Search Sewer Map-DWS/DWS Standard/2009 1582445 The width of the displayed area is 200m The position of the apparatus shown on this plan is given without obligation and warranty, and the accuracy cannot be guaranteed. Service pipes are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by Thames Water for any error or omission. The actual position of mains and services must be verified and established on site before any works are undertaken. Based on the Ordnance Survey Map with the Sanction of the controller of H.M. Stationery Office, License no. WU298557 Crown Copyright Reserved. Page 17 Df 20 Residential Drainage & Water Search Sewer Key Public Sewer Pipes (Operated & Maintained by Thames Water) Other Sewer Types {Not Operated or Maintained by Thames Water) -—^pFoul Sewer: A sewer designed to convey waste water from domestic and industrial sources to .«. Fou| sewer: Any foul sewer that is not owned by Thames Water. a treatment works. Surface Water Sewer: A sewer designed to convey surface water (e.g. rain water from roofs, Surface Water Sewer: Any surface water sewer that is not owned by Thames Water. yards and car parks) to rivers, watercourses or a treatment works. Combined Sewer: A sewer designed to convey both waste water and surface water from Combined Sewer: Any combined sewer that is not owned by Thames Water. domestic and industrial sources to a treatment works. Trunk Sewer: A strategic sewer which collects either foul or surface water flow from a number Gulley: A sewer designed to convey surface water from large roads, motorways, etc. to of subsidiary catchments and transfers this flow to a pumping station, river outfall or treatment watercourses or to public surface water sewers. These sewers are generally maintained by the works. relevant highway authority. Storm Overflow Sewer: A sewer designed to convey excess rainfall to rivers or watercourses Culverted Watercourse: A watercourse running through a culvert or pipe which is the responsi- so that the flow does not exceed the capacity of normal sewers (which could cause flooding). bility of the property owner or the Environment Agency. Biosolids: A sewer designed to convey sludge from one treatment works to another. Abandoned Sewer: A disused sewer. Usually filled with cement mixture or removed from the ground. Vent Pipe: A section of sewer pipe connected between the top of a sewer and vent column, used to prevent the accumulation of gas in a sewer and thus allowing the system to operate properly. Rising Main: A pipe carrying pumped flow under pressure from a low point to a high point on Other Symbols the sewerage network. Line style / colour and direction of fleck indicate sewer purpose and direction of flow within the pipe. Undefined Ends: These symbols represent the point at which a pipe continues but no records of its position are currently held by Thames Water. These symbols are rare but may be found on Vacuum: A foul sewer designed to remove foul sewerage under pressure (vacuum sewers any of the public sewer types. cannot accept direct new connections). A/A Public/Private Pumping Station: Foul or Surface water pumping station. Proposed Foul Sewer Proposed Surface Water Sewer Notes: 4) Most private pipes are not shown on our plans, as in the past, this information has not been recorded. 1) All levels associated with the plans are to Ordnance Datum Newlyn. 5) 'na' or '0' on a manhole level indicates that data is unavailable. 2) All measurements on the plans are metric. 6} The text appearing alongside a sewer line indicates the internal diameter of the pipe in milimetres. Text next to a manhole indicates the manhole reference number and should not be taken as a measurement. If you are 3) Arrows (on gravity fed sewers) or flecks (on rising mains) indicate direction of flow. unsure about any text or symbology present on the plan, please contact a member of Property Insight on 0118 925 1504. Page 18 of 20 \d Heights / Zl°H \\N\\x\ Y \ V- '•.••"•••'v\ Sanderstead ' v ^N •^-\ X'-.^ Heights Om 5m 10m 15m 20m TITLE Suttonand DWS/DVVS Standard/2009 1532445 East Surrey Water Hynrt/WnMth: M E Hegarty B.Sc(Hons) ACCURACY OF PLANS WARNING MBA. CEng CEnv HCE FCIWEM Itw Momalwi en Wi plii «*n rrjjrfl to9t cnnpany1: uKMTwnl (Knnlii It yita in jtnri laei t«li KOI NOT TO SCALE Operations Director Sutton S East Surrey Water pic London Road Redhill SECURITY £ CONFIDENTIALITY OF INFORMATION DATE PLOTTED ;NQTt»t* ii*H3Wirit>r^i«Owis™'>?twt'tc' Surrey RH11LJ 4«)nt 25/03/2009 li'Ww, 0173177»» Fi:inlt 51737 7!4M7 nmif«wfl.t»Two fi Page 19 of 20 CON29DW DRAINAGE & WATER ENQUIRY (DOMESTIC). TERMS AND CONDITIONS The Customer the Client and the Purchaser are asked to note these 3.2 Where a report is requested for an address falling within a terms, which govern the basis on which this drainage and water geographical area where two different companies separately provide report is supplied Water and Sewerage Services, then it shall be deemed that liability for the information given by either company will remain with that Definitions company in respect of the accuracy of the information supplied. A 'The Company1 means Thames Water who produces the Report. company supplying Information which has been provided to It by 'Order1 means any request completed by the Customer requesting the another company for the purposes outlined in this agreement will Report. therefore not be liable in any way for the accuracy of lhat information 'Report1 means the drainage and/or water report prepared by The Company and will supply that information as agent for the company from which in respect of the Property. the information was obtained. 'Property' means the address or location supplied by the Customer In the Order. 3.3 The Report is produced only for use in relation to Individual domestic 'Customer1 means the person, company, firm or other legal body placing property transactions which require the provision of drainage and the Order, either on their own behalf as Client, or, as an agent for a Client. water information pursuant to the provisions of the Home Information Pack Regulations and cannot be used for commercial development 'Client1 means the person, company or body who Is the intended recipient of domestic properties or commercial properties for intended of the Report with an actual or potential interest In the Property occupation by third parties. When the Report Is used for land only "Purchaser" means the actual or potential purchaser of the Property transactions the Company's entire liability (except to the extent provided by clause 3.4) in respect of all causes of action arising by including their mortgage lender. reason of or in connection with the Report (whether for breach of contract, negligence or any other tort, under statute or statutory duty Agreement or otherwise at all) shall be limited to £5,000. 1.1 The Company agrees to supply the Report to the Customer and the 3.4 The Company shall accept liability for death or personal injury arising Client subject to these terms. The scope and limitations of the Report from Its negligence. are described In paragraph 2 of these terms. Where the Customer is acting as an agent for the Client then the Customer shall be Copyright and Confidentiality responsible for bringing these terms to the attention of the Client and the Purchaser. 4.1 The Customer the Client and the Purchaser acknowledge that the Report is confidential and is intended for the personal use of the 1.2 The Customer the Client and the Purchaser agree that the placing of Client and the Purchaser. The copyright and any other Intellectual property rights in the Report shall remain the property of The an Order for a Report and the subsequent provision of a copy of the Report to the Purchaser indicates their acceptance of these terms. Company. No intellectual or other property rights are transferred or licensed to the Customer the Client or the Purchaser except to the The Report extent expressly provided 2. Whilst The Company will use reasonable care and skill In producing the Report, it Is provided to the Customer the Client and the 4.2 The Customer or Client is entitled to make copies of the Report but Purchaser on the basis that they acknowledge and agree to the may only copy Ordnance Survey mapping or data contained in or foil owing :- attached to the Report, if they have an appropriate licence from the originating source of that mapping or data 2.1 The information contained in the Report can change on a regular basis so The Company cannot be responsible to the Customer the 4.3 The Customer the Client and the Purchaser agree (in respect of both Client and the Purchaser for any change in the Information contained the original and any copies made) to respect and not to alter any In the Report after the date on which the Report was produced and trademark, copyright notice or other property marking which appears sent io the Client. on the Report. 2.2 The Report does not give details about the actual state or condition of 4.4 The maps contained in the Report are protected by Crown Copyright the Property nor should it be used or taken to indicate or exclude and must not be used for any purpose outside the context of the Report. actual suitability or unsuitably of the Property for any particular purpose, or relied upon for determining saieability or value, or used as a substitute for any physical investigation or inspection. Further advice 4.5 The Customer the Client and the Purchaser agree to indemnify The and information from appropriate experts and professionals should Company against any losses, costs, claims and damage suffered by always be obtained. The Company as a result of any breach by either of them of the terms of paragraphs 4.1 to 4.4 inclusive. 2.3 The information contained In the Report is based upon the accuracy of Payment the address supplied by the Customer or Client. 5. Unless otherwise stated all prices are inclusive of VAT. The 2.4 The Report provides information as to the location & connection of Customer shall pay for the price of the Report specified by The existing services and other information required to comply with the Company, without any set off, deduction or counterclaim. Unless the provisions of the Home Information Pack Regulations in relation to Customer or Client has an account with The Company for payment drainage and water enquiries and should not be relied on for any other for Reports, The Company must receive payments for Reports In full purpose. The Report may contain opinions or general advice to the before the Report is produced. For Customers or Clients with Customer the Client and the Purchaser The Company cannot ensure accounts, payment terms will be as agreed with The Company. that any such opinion or general advice is accurate, complete or valid and accepts no liability therefore. General 6.1 If any provision of Ihese terms Is or becomes invalid or 2.5 The position and depth of apparatus shown on any maps attached to unenforceable, it will be taken to be removed from the rest of these the Report are approximate, and are furnished as a general guide terms to the extent that it Is Invalid or unenforceable. No other only, and no warranty as to its correctness is given or Implied, The provision of these terms shall be affected. exact positions and depths should be obtained by excavation trial holes and the maps must not be relied on in the event of excavation or 6.2 These terms shall be governed by English law and all parties submit other works made in the vicinity of The Company's apparatus. to the exclusive jurisdiction oftho English courts. Llabiljty 6.3 Nothing in these terms and conditions shall in any way restrict the 3,1 The Company shall not be liable to the Client or the Purchaser for Customer the Clients or the Purchasers statutory or any other rights any failure defect or non-performance of its obligations arising from of access to the Information contained in the Report. any failure o[ or defect in any machine, processing system or transmission link or anything beyond The Company's reasonable 6.4 These terms and conditions may be enforced by the Customer the control or the acls or omissions of any party for whom The Company Client and the Purchaser are not responsible. These Terms & Conditions are available in larger print for those with impaired vision. Page 20 o(20 Personal Search Report For the attention of: James Manchester Company Name: Manchester Solicitors (Searchflow) Your Reference: J.Dodd.09 Our Reference: 5879355 Property Address: Flat 13 Sanderstead Heights 3 Addington Road South Croydon Surrey CR28RE Search Prepared and David Parker Conducted By: Date: 02/Sep/2009 MDA SearchFlow Ltd has a contractual relationship/personal relationship with: Name of Vendor: Dr Dodd and Mrs Dodd Name of Estate Agents: Manchester Name of HIP Provider: Manchester Name of Solicitor/Conveyancer: Manchester ASSOCIATION OF HOME INFORMATION PACK PROVIDERS SearchCode This search has been produced by PSA which is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited is registered in England & Wales with company number 04084304. Registered Office: Eversheds House, Great Bridgewater Street, Manchester, M1 5ES. VAT Number 765208620. Planning and Building Regulations 1.1 Planning and Building Regulation Decisions and Pending Applications Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications - 1.1 (a) a planning permissions Please referto Part III of the Local Land Charges Register or the Planning Register, as applicable. 1,1 (b) a listed building consent Please referto part III of the Local Land Charges Register or the Planning Register, as applicable. 1.1 (c) a conservation area consent Please referto Part 111 of the Local Land Charges Register or the Planning Register, as applicable. 1.1 (d) a certificate of lawfulness of existing use or Please refer to Part III of the Local Land Charges Register or development the Planning Register, as applicable. 1.1 (e) a certificate of lawfulness of proposed use or Please referto Part III of the Local Land Charges Register or development the Planning Register, as applicable. 1.1 (f) building regulation approval Please referto the Building Control Register as applicable. 1.1 (g) a building regulation completion certificates Please referto the Building Control Register as applicable. 1.1 (h) Certificate of compliance of a replacement window, Please refer to the Building Control Register as applicable. roof light, roof window or glazed door. How can copies of any of the above be obtained? By Written Application to the Building Control Department/Planning Department. 1.2 Planning Designations and Proposals What designations of land use for the property or the Please see Additional Information area, and what specific proposals for the property, are contained in any existing or proposed development plan? 5879355 This search has been produced by PSA which is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited is registered In England 8. Wales with company number 04084804. Registered Office: Eversheds House, Great Bridgewater Street, Manchester, M1 5ES. VAT Number 7652GBS20. 2 Roads Which of the roads, footways and footpaths named in the application for this search (via boxes B and C) are (a) highways maintainable at public expense Addington Road - Is Adopted (b) subject to adoption and, supported by a bond or bond N/A waiver. (c) to be made up by a local authority who will reclaim the N/A cost from the frontagers; or (d) to be adopted by a local authority without reclaiming N/A the cost from the frontagers? (a) highways maintainable at public expense Please search against the allocated parking space no.21 , which is the fourth space along from the left of the main entrance turning into SANDERSTEAD HEIGHTS from the Addington Rd -Is Not Adopted (b) subject to adoption and, supported by a bond or bond N/A waiver. (c) to be made up by a local authority who will reclaim the N/A cost from the frontagers; or (d) to be adopted by a local authority without reclaiming N/A the cost from the frontagers? comments regarding the above roads Please see Additional Information 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited is registered in England & Wales with company number D4Q84804. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 5ES. VAT Number765208620. 3.1 Is the property included in land required for public purposes? No 3.2 Land to be acquired for Road Works Is the property included in land to be acquired for road No works? 3.3 Drainage Agreements and Consents Do either of the following exist in relation to the property- 3.3 (a) An agreement to drain buildings in combination into If the local authority held these records, and if any entries an existing sewer by means of a private sewer; or existed they would have been revealed here. As there are no entries revealed you will need to order a CON29DWfrom the Water Company located at; Thames Water Utilities Ltd PO Box 3189 Slough Berkshire Berkshire SL1 4WW 3.3 (b) An agreement or consent for (i) a building, or (ii) If the local authority held these records, and if any entries extension to a building on the property, to be built existed they would have been revealed here. As there are no over, or in the vicinity of a drain, sewer or disposal entries revealed you will need to order a CON29DW from the main? Water Company located at: Thames Water Utilities Ltd PO Box 3189 Slough Berkshire Berkshire SL1 4WW 3.4 Nearby Road Schemes Is the property (orwill it be) within 200 metres of any of the following -: 3.4 (a) the centre line of a new trunk road or special road No specified in an order, draft order or scheme; 3.4 (b) the centre line of a proposed alteration or No improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; 3,4 (c) the outer limits of construction works for a proposed No alteration or improvement to an existing road, involving (!) construction of a roundabout (other than a mini roundabout) or (ii) widening by construction of one or more additional traffic lanes; 3.4 (d) the outer limits of (i) construction of a new road to be No built by a local authority; {ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; or (iii) construction of a roundabout (other than a mini roundabout) or widening by construction of one or more additional traffic lanes; 3.4 (e) the centre line of the proposed route of a new road No under proposals published for public consultation; or 5879355 This search has been produced by PSA which is a trading name of MDA SearchHow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited is registered In England & Wales with company number 04Q84804. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 5ES. VAT Number 765208620. 3.4 (f) the outer limits of (i) construction of a proposed No alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; (ii) construction of a roundabout (other than a mini roundabout); or (iii} widening by construction of one or more additional traffic lanes, under proposals published for public consultation? 3.5 Nearby Railway Schemes Is the property (or will it be) within 200 metres of the No centre line of a proposed railway, tramway, light railway or monorail? 3.6 Traffic Schemes Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths (named in Box B) which abut the boundaries of the property 3.6 (a) permanent stopping up or diversion No 3.6 (b) waiting or loading restrictions No 3.6 (c) one way driving No 3.6 (d) prohibition of driving No 3.6 (e) pedestrianisation No 3.6 (f) vehicle width or weight restriction No 3.6 (g) traffic calming works including road humps No 3.6 (h) residents parking controls No 3.6 (i) minor road widening or improvement No 3.6 (j) pedestrian crossings No 3.6 (k) cycle tracks No 3.6 (I) bridge construction No 3.7 Outstanding Notices Do any statutory notices which relate to the following matters subsist in relation to the property otherthan those revealed in a response to any other enquiry in this Schedule: (a) building works; No (b) environment; No (c) health and safety; No (d) housing; No (e) highways; or No 0) public health? No 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited Is registered In England & Wales with company number 04084804. Registered Office: Eversheds House, Great Bridgewater Street, Manchester, M1 5ES. VAT Number 7G5208620. 3.8 Contravention of Building Regulations Has a local authority authorised in relation to the No property any proceedings for the contravention of any provision contained in Building Regulations? 3.9 Notices, Orders, Directions and Proceedings under Planning Acts Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following:- 3.9 (a) an enforcement notice No 3.9 (b) a stop notice No 3.9 (c) a listed building enforcement notice No 3.9 (d) a breach of condition notice No 3.9 (e) a planning contravention notice No 3.9 (f) another notice relating to breach of planning control No 3.9 (g) a listed building repairs notice No 3.9 (h) in the case of a listed building deliberately allowed to No fall into disrepair, a compulsory purchase order with a direction for minimum compensation 3.9 (i) a building preservation notice No 3.9 (j) a direction restricting permitted development No 3.9 (k) an order revoking or modifying planning permission No 3.9 (I) an order requiring discontinuance of use or alteration No or removal of building or works 3,9 (m) a tree preservation order Please referto Part 111 of the Local Land Charges Register 3.9 (n) proceedings to enforce a planning agreement or No planning contribution? 3.10 Conservation Area Do the following apply in relation to the property- 3.10 (a) (a) the making of the area a Conservation Area before No 31 August 1974; or 3.10 (b) (b) an unimplemented resolution to designate the area No a Conservation Area? 3.11 Compulsory Purchase Has any enforceable order or decision been made to No compulsorily purchase or acquire the property? 3.12 Contaminated Land Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is such a condition that harm or pollution of controlled waters might be caused on the property):- 5879355 This search has been produced by PSA which is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited Is registered in England & Wales with company number 04084804. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 5ES. VAT Number765208620. 3.12 (a) a contaminated land notice; If any entries in the register of contaminated land existed they would have been revealed here. As there is not a positive answer here then there were no entries revealed or the register is still being compiled. We would however recommend that you consider ordering an Environmental Report which can be obtained through our website or contacting our office directly. 3.12 (b) in relation to a register maintained under section 78R If any entries in the register of contaminated land existed they of the Environmental Protection Act 1990:- would have been revealed here. As there is not a positive answer here then there were no entries revealed or the register (i) a decision to make an entry; or is still being compiled. We would however recommend that you consider ordering an Environmental Report which can be obtained through our website or contacting our office directly. 3,12 (c) consultation with the owner or occupier of the property If any entries in the register of contaminated land existed they conducted under section 78G(3) of the Environmental would have been revealed here. As there is not a positive Protection Act 1990 before the service of a answer here then there were no entries revealed or the register remediation notice? is still being compiled. We would however recommend that you consider ordering an Environmental Report which can be obtained through our website or contacting our office directly. 3.13 Radon Gas Do records indicate that the property is in a 'Radon Property is shown within an area not affected by Radon Gas on Affected Area' as identified by the Health Protection the Radon Atlas produced by the Health Protection Agency. We Agency? recommend that you obtain an "Envirosearch Residential" that details Radon Affected Areas and Level of Protective Measures. Please contact us to order this report. i Public Paths or Byways 5.1 Is any public path, bridleway or road used as a public N/A path or byway which abuts on, or crosses the property shown in a definitive map or revised definitive map prepared under part IV of the National Parks and Access to the Countryside Act 1949 or part III of the Wildlife and Countryside Act 1981? 5.2 If so, please mark its approximate route on the N/A attached plan. Parks and Countryside Areas of Outstanding Natural Beauty Has any order under s.87 of the National Parks and No Access to the Countryside Act 1949 been made? National Parks 8.2 Is the property within a National Park designated No under s.7 of the National Parks and Access to the Countryside Act 1949? 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited Is registered in England & Wales with company number 040848Q4. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 5ES. VAT Number 7S5208620. Local Land Charges Register Parts Applicable are listed below Part 111 Date Reference 28/04/2000 91/00933/A Advertisement Consent Three flagpole signs at 3 Addington Road. 28/04/2000 91/00858/P Conditional Permission Erection of water storage/pumping equipment building at 3 Addington Road. 28/04/2000 91/01876/A Advertisement Consent Retention of two illuminated advertisement boards at 3 Addington Road. 28/04/2000 92/01235/A Advertisement Consent Six flagpole signsat 3 Addington Road. 28/04/2000 92/02161/A Advertisement Consent Retention of two illuminated advertisement boards at 3 Addington Road. Tree Preservation Order Town and Country Planning Act 1971 Section 60-61. The Woodfields, Sanderstead Tree Preservation Order No.6, 1988 made by the Council on the 9.3.1988. The Order was confirmed by the Council as an unopposed Order on the 26.8.1988. This Tree Preservation Order relates to trees situated within Sanderstead Heights which shares a common boundary with the property. Please note that no works can be carried out on protected trees without the express permission of the Local Planning Authority. The trees of this Tree Preservation Order are protected from any unauthorised works by any individual whatsoever. 26/10/1990 90/01666/P Conditional Permission Erection of two/three storey building comprising 1, three bedroom, 22, two bedroom and 13, one bedroom flats, alterations to vehicular access, provision of 32 parking spaces and refuse enclosure. 25/03/1991 90/02987/P Conditional Permission Erection of two/three storey building comprising 22, two bedroom and 5, one bedroom flats, alterations to vehicular access and provision of 33 parking spaces. 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFIow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFIow Limited is registered in England & Wales with company number 04084804. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 5ES. VAT Number 765208620. Planning Register (Please note that we check the planning registers back to 1990. Details prior to 1990 are available upon a written application to the council but maybe subject to a fee. The council address is shown at the end of this report) Date Reference Please refer to Part III Local Land Charges Register Building Control Register (Please note that we check the planning registers back to 1990. Details prior to 1990 are available upon a written application to the council but maybe subject to a fee. The council address is shown at the end of this report) Date Reference 92/1867/N " ' ~ " ~~" Other details Re roofing. Additional Information Road Adoption For information regarding the Private roadway within the Private Estate please contact London Borough of Croydon Highways Department Taberner House Park Lane Croydon CR9 3JS Unitary Development Plan Policies Boroughs Adopted Plan 2006 Within Archaeological Priority Zone. Abutting London Distributor Road. Within approximately 200 metres of Local Distributor Road. Within approximately 200 metres of Local Open Land/Site of Nature Conservation Importance. Within approximately 200 metres of Local Centre/Primary Shopping Area. 5879355 This search has been produced by PSA which is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited Is registered In England & Wales with company number 04084-804. Registered Office: Eversheds House, Great Brldgewater Street, Manchester, M1 SES. VAT Number765208620. General Information About This Search Reference Source Information Save for information provided verbally by a member of the council, all the information in this report has been obtained by a physical inspection of the Local Land Charges Register, the Planning Register, the Local and/or Unitary Development Plans, the Register of Adopted Highways, the councils Transport & Policies Programme, the local and/or county council websites and the Highways Agency website. If you wish to obtain copies of any documents you should submit a written application to the council offices located at: - Croydon London Borough Taberner House Park Lane Croydon CR9 3JS Declaration To the best of our knowledge neither the person/s named on the front page that prepared or conducted this report has any previous relationship or business relationship with any person involved in the sale of the property being the subject of this report Complaints Procedure If you want to make a complaint, we will deal with it speedily and fairly. We will: • Acknowledge your complaint within 5 working days of receipt. • Try and resolve your complaint fully within 4 weeks of receipt. If there are valid reasons for consideration of the complaint taking longer, we will keep you fully informed in writing or via telephone or email as you prefer and you will receive a response at the very latest within 8 weeks. • Liaise with counselling organisations acting on your behalf, if you ask us to. • Send you a final decision on the complaint in writing. If you are not satisfied with the final decision, you may refer the complaint to the Independent Property Codes Adjudication Scheme (IPCAS) and we will give you contact details. 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: Customer Services, MDA SearchFlow Limited, 42 Kings Hill Avenue, Kings Hill,. West Mailing Kent, ME194AJ (Telephone: 0870 990 9945) Email ([email protected]) 5879355 This search has been produced by PSA which is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code, MDA SearchFlow Limited Is registered In England & Wales with company number 04084804. Registered Office: Eversheds House, Great Bridgewater Street, Manchester, M1 5ES. VAT Number 765208620. Terms of Preparation of Search This search report has been prepared with reasonable care and skill by trained staff. Any responsible person may copy or issue a copy of this report for the purposes of complying with any of the following provisions: Regulations 5, 6, 8(i)(ii), 8(k), 8 (I) and 24 of the Home Information Pack (no.2) Regulations 2007 and sections 156(1), (2) and (11) of the Housing Act 2004. Third Party Contractual Rights This search report has been prepared for the SearchFIow client referred to on page 1 of the report but any of the contractual provisions required by the Home Information Pack (no.2) Regulations 2007 may be enforced by the seller, a potential or actual buyer of the property and a mortgage lender in respect of the property, and may be enforced by such persons in their own right whether or not they are a party to such a contract. Person Responsible MDA SearchFIow Ltd is a company registered in England & Wales under company number 04084804 with its Registered Office at Eversheds House, 70 Great Bridgewater Street, Manchester, M1 5ES and is the person responsible in respect of any negligent or incorrect entry in the records searched; any negligent or incorrect interpretation of the records searched; and any negligent or incorrect recording of that interpretation in the search report. Insurance This search is covered by indemnity insurance to cover any liability under the Home Information Pack {no.2) Regulations 2007 including liability arising from missing or erroneous answers. The insurance policy provided by First Title is attached to this report. FSA MDA SearchFIow Limited is FSA registered (312643) TERMS & CONDITIONS Please note that our terms & conditions can be viewed by visiting our website at: www.searchflow.co.uk If you do not have access to the website you can request a copy by writing to us at 42 Kings Hill Avenue, Kings Hill, West Mailing, Kent, ME194AJ 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFIow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFIow Limited Is registered In England & Wales with company number 04084804. Registered Office: Eversheds House, Great Bddgewaler Street, Manchester, M1 5ES. VAT Number765208620. PCCB-Search Code Consumer Information Important Protection The Search Code provides protection for homebuyers, sellers, conveyancers and mortgage lenders, who rely on property search reports carried out on residential properties within the United Kingdom. It sets out minimum standards which organisations compiling and/or selling search reports have to meet. This information is designed to introduce the Search Code to you. By giving you this information, your search organisation is confirming that they keep to the principles of the Search Code. This provides important protection for you. The Code's main commitments The Search Code's key commitments say that search organisations will: • Provide search reports which include the most up-to-date available information when compiled and an accurate report • Deal promptly with queries raised on search reports • Handle complaints speedily and fairly. • At all times maintain adequate and appropriate insurance cover to protect you. • Act with integrity and ensure that all search services comply with relevant laws, regulations and industry standards Keeping to the Search Code How search organisations maintain compliance with the Search Code is monitored independently by the Property Codes Compliance Board (PCCB). If you have a query or complaint about your search, you should raise it directly with the firm, and if appropriate ask for your complaint to be considered under their formal internal complaints procedure. If you remain dissatisfied with the firm's final resolution after your complaint has been formally considered or if the firm has exceeded the response timescales, you may refer your complaint to the Independent Property Codes Adjudication Scheme (IPCAS). IPCAS can award compensation of up to £5,000 to you if it finds that you have suffered loss as a result of your search provider failing to keep to the Code. Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance, not to IPCAS. IPCAS Contact Details: Telephone: 020 7520 3800 E-mail: info@idrs.!td.uk You can also get more information about the PCCB and IPCAS from the PCCB website at: www.propertycodes.org.L k PLEASE ASK YOUR SEARCH ORGANISATION IF YOU WOULD LIKE A COPY OF THE FULL SEARCH CODE SearchCode 5879355 This search has been produced by PSA which Is a trading name of MDA SearchFlow Limited, registered with the Property Codes Compliance Board as a subscriber to the Search Code. MDA SearchFlow Limited Is registered In England & Wales with company number 04084804. Registered Office; Eversheds Houso, Great Brldgewater Street, Manchester, M1 5ES. VAT Number765208620. User: Mr James Manchester jMain property extent Client Ref: J.Dodd.09 Company: Manchesters Solicitors (Searchflow) ^Secondary property extent Notes: i Wt cooidinitoi: 533343,1C14O5 . Gr(ii*tCKopyrignl20Q2. Licence number 100019086 FirstTitle Form No SRIP 11/08 SEARCH REPORT INSURANCE POLICY Policy Issuer: MDA SearchFlow Limited Policy Number: 60-026-000000 1. Definitions In this policy unless the context otherwise requires: 1.1 "Actual Loss" (which in the case of a Buyer and Potential Buyer will not exceed the amount either reasonably believes to be the value of Lhe Land at the Policy Date and assuming residential use of the Land) means: 1.1.1 in respect of a Buyer (a) the difference between the Market Value of the Land without an Adverse Entry and the Market Value as reduced by the effect of an Adverse Entry (b) the cost of demolishing, altering or reinstating any part of the Land lo comply with an order made by an Appropriate Body (c) the amount required to pay any charges or other financial liabilities registered against the Land 1.1.2 in respect of a Potential Buyer: any sums actually expended by the Potential Buyer in contemplation of buying the Land 1.1.3 in respect of a Seller: actual financial loss 1.1.4 In respect of a Lender: Ihe difference between the amount of loan outstanding at the time the Lender becomes aware of an Adverse Entry and the amount recovered by the Lender on sale of the Land, 1.2 'Adverse Entry" means a matter affecting the Land which should be disclosed in the information provided by an Appropriate Body for the purpose of compiling a Search Report. 1.3 "Appropriate Body" means a local authority or other public body providing information to be included in a Search Report. 1.4 "Authorised Expenses" means any costs, legal fees and expenses that First Title is obliged to pay under this policy and has approved In writing. 1.5 "Bordereau" means the form supplied by First Title to the Policy Issuer recording insurance given In respect of Individual residential properties insured under the terms of this policy, 1.6 "Buyer" means a person buying an interest In the Land relying upon a Search Report prepared In relation to the Land, 1.7 "First Titlo" means First Title Insurance pic, 1.8 "HIP" means a Home Information Pack produced in accordance with the Home Information Pack Regulations 2007 and any amendment or re- enactment of them In force at the Policy Date. 1.9 Insured" means all or any of: 1.9.1 a Buyer 1.9.2 a Potential Buyer 1.9.3 a Seller 1.9.4 a Lender 1.10 "Know, Known or Knowing" means having actual knowledge and not constructive knowledge or notice which may be imparted by matters appearing In public records established by local government or other relevant public bodies. 1.11 "Land" means the interest in an individual residential property specified In the Bordereau, 1.12 "Lender" means a person or body making a loan to a Buyer secured over the Land. 1.13 "Market Value" means the average of valuations earned out by independent and suitably qualified valuers appointed respectively by the Insured making a claim and by FirstTitle. 1.14 "Policy Date" means the date on which the Search Report was prepared, 1.15 "Policy Issuer' means MDA SearchFlow Limited trading as PSA. Richards Gray, Capital Searches, Conveyancing Searches and Conveyancing Report Agency who will nol be an insured under this Policy. 1.16 "Potential Buyer" means a person other than a Buyer who receives a HIP from the Seller or his agent and who relies upon a Search Report contained In it in contemplation of buying the Land, 1.17 "Search Report" means a report providing the information required by the Home Information Pack Regulations 2007 (or any amendment or re- enactment of them in force at the Policy Date) obtained from a private search provider and not directly from an Appropriate Body and Incorporated within a HIP. 1.18 "Seller" means a person selling the Land. 2. Coverage Statement Subject to the terms and conditions of this policy and as the circumstances may require FirstTitle will do either or both of the following: 2.1 indemnify each Insured against Actual Loss Incurred by that Insured by reason of an Adverse Entry which existed at the policy Date but was not fully disclosed to that Insured in the Search Report; and/or 2.2 at first Title's option, defend the Insured(s) for the risks insured by this policy. First Title will also pay any Authorised Expenses that It incurs in that defence. First Title can end this duty to defend by exercising any of the options listed in paragraph 8 of this policy. 3. Exclusions First Title will not Indemnify an Insured against Actual Loss, will not have a duty to defend and will not be obliged to pay Authorised Expenses resulting from any of the following matters: 3.1 risks that: 3.1.1 that Insured creates, allows or agrees to at any time 3.1.2 are known to that Insured but not to First Title and do not appear in any records established by the Appropriate Bodies on or before the date of the Search Report 3.1.3 do nol cause that Insured any loss 3.1.4 occur, come Into existence or are recorded in public records established by an Appropriate Body after the Policy Dale 3.1.5 are disclosed to the Insured during negotiation, correspondence or in reply to enquiries before contract d. Continuation of indemnity The coverage of any insurance given under this policy does not continue to protect any purchaser from a Buyer or Lender. 5, Notification of a claim 5.1 An Insured must advise First Title In writing as soon as possible after that Insured becomes aware of any daim or circumstance wtiich might entitle that Insured to make a daim under this policy. The Insured must inform First Title Insurance pic in any one of the following formats also quoting the reference being the policy number and SRIP 11^08 5.1.1 by post to Legal and Claims, Title House, 33-39 Elmfield Road, Bromley, Kent. BR1 1LT 5.1.2 by fax to First Title Insurance pic on 0870 389 2171 5.1.3 by e-mail to [email protected] SKIP/I i/os FirstTitle 5.2 Flrsl Title's obligation to an Insured under this policy may be reduced in part or In whole jf that Insured refuses to co-operate with First Title and any action or omission of that Insured in these respecls adversely affects First Title's ability to dispute or defend any challenge or claim orlo commence any action againsl other persons. 6. Defence and prosecution of actions and an Insured's duty to co-operate 6.1 First Title may at its own expense and without unreasonable delay defend the Insured In litigation concerning any adverse matter referred to In paragraph 2.1 6.2 First Title will be entitled to select the lawyer to act and First Title will not be liable for and will not pay the fees of any other lawyer. 6.3 First Title may pursue any litigation (Including appeals) to final determination by a court and reserves the right in its sole discretion to appeal any judgment or order 6.4 First TiUewill consult with Ihe Insured on all matters arising under a dalm. 7. Proof of loss and deadline for advising of loss 7.1 An Insured must give Firsl Title a written statement detailing the amount of that Insured's loss and the method that that Insured used to compute that amount. 7.2 The statement must be given to First Title not later than 90 days after that Insured knows of the facts which will let the Insured establish the amount of the Insured's loss. 8. Settling claims and termination of liability If an Insured makes a daim under this policy for which First Title is liable orin any other way First Title leams of a matter or circumstance for which First Title Is or may be liable First Title can do one or more of the following: 8.1 pay that Insured the amount of indemnity cover in accordance with the definition of Actual Loss in paragraph 1.1 together with any Authorised Expenses; or 8.2 purchase the debt secured by a mortgage for the amount owed under it together with any Interest and Authorised Expenses. In those circumstances the Lender must transfer or assign the mortgage together with any collateral securities and credit enhancements to First Title on receipt of payment and give all necessary notices of that transfer or assignment; or 8.3 pay or otherwise settle any daim wilh other parlies for or In the Insured's name together with any Authorised Expenses; or 8.4 pay or otherwise settle with the Insured the Actual Loss provided for under this policy together with any Authorised Expenses. 9. Determination and extent of liability The Insurance given under this policy Is a contract of Indemnity against actual monetary loss. Subject to paragraphs 10 and 11 of this policy First Title's lotal liability under this policy (excluding Authorised Expenses) will not exceed the amounts defined as Actual Loss contained In paragraph 1.1. 10. Limitation of First Title's Liability First Title will not be liable to indemnify an Insured; 10.1 if First Title removes any matter giving rise to that Insured's claim under this policy In a reasonably diligent manner by any method including litigation, or 10,2 if First Title makes a settlement with a third party; 10.3 until litigation, including appeals, In relation to a daim conducted by First Title (or by an Insured with First Title's authorisation) has been finally determined by a court; 10.4 for liability voluntarily assumed by an Insured In negotiating or settling any claim or litigation without First Title's prior written consent 11. Reduction of Indemnity and reduction or termination of First Title's liability The amount of Indemnity cover payable by First Title under this policy will be reduced or terminated (as the case may be) by any or all of the following: 11.1 all payments under this policy except for Authorised Expenses; 11.2 the payment by any person of all or part of the debt or any other obligation secured by a mortgage or other charge over the Land or any voluntary, partial or full satisfaction or release of such mortgage or charge to the extent of the satisfaction or release; and/or 11.3 the amount by which an Insured's acts or omissions have increased First Title's liability or reduced First Title's ability to recover amounts from third parties provided always that the Interest of any Insured will not be prejudiced by any act or default of another Insured (not being such Insured) which might otherwise Invalidate or reduce the Indemnity provided by the Policy. 12. Payment of loss When the extent of an Insured's loss and First Title's liability under this policy have been finally determined, First Title will pay that amount to that Insured within 30 days of Its determination. 13. Subrogation If FirstTitle agrees to Indemnify or defend an Insured under this policy in respect of any claim then regardless of whether or not actual payment has been made First Title will Immediately be subrogated to any rights, contractual or otherwise, which that Insured may have In connection with that claim, the mortgage or the Land. If First Title asks, the Insured must transfer to First Title all of the Insured's rights and remedies against any person or property that, in Firsl Title's opinion, might be necessary to perfect this right of subrogation. 14. Liability limited to this policy This policy and any endorsements to it given in writing by First Title will be the entire contract between each Insured and Rrst Title. 15. Saverabllity In the event that any provision of this policy is held to be invalid or unenforceable under any law, that provision may be severed from and will not be taken to have affected the remaining provisions. 16. Governing law and jurisdiction This policy will be governed by the law of England and Wales and Ihe courts of England and Wales. 17. Cancellation rights No Insured will be entitled to cancel the insurance given to it so as to affect the rights of any other Insured and no refund of premium will be payable. 1fl. Notices All notices required to be served on or given to First Title pic under this policy must Include a reference SRIP 11/08 and the address of the Land and be delivered to the Claims Department, FirstTitle Insurance pic,Title House,33-39 Elmfield Road, Sromley BR1 1LT. SRHV11/08 FirstTitle POLICY SUMMARY FOR SEARCH REPORT INSURANCE POLICY keyfacts i® 1. This summary. This document provides a summary of the key features of the Search Report Insurance Policy under which insurance will be given to individual Buyers, Potential Buyers, Sellers and Lenders. This document does not contain the full terms and conditions of the Search Report Indemnity Insurance Policy. These can be found in the specimen policy document provided with this document. This summary is not part of the policy and it does not commit us to provide insurance on those or any other terms. It is important that you read the policy itself. The policy is a legally binding contract between each Insured and First Title Insurance pic. 2. The Insurer. First Title Insurance pic provides general insurance products and is authorised and regulated by the Financial Services Authority. 3. Type of insurance. The insurance given under the Search Report Insurance Policy protects against actual loss suffered because of any adverse circumstance wfiich existed in the records of an Appropriate Body and affected the Land at the time a Search Report was compiled as part of a Home Information Pack (as defined in the Home Information Pack Regulations 2007 or any amendment or re-enactment of them which is in force at the Policy Date) but was not fully disclosed in the Search Report. See the Coverage Statement in paragraph 2 of the policy. 4. What does the policy not cover? All of the matters which are excluded from cover are detailed in paragraph 3 of the Search Report Insurance Policy. Please read this part of the policy carefully. 5. Limitations of the Policy. The insurance given under the Search Report Insurance Policy is a contract of indemnity against actual monetary loss and any payment under it will not exceed the amounts detailed in paragraph 1.1 of the policy, which should be referred to. 6. Cancellation Terms. Because the interests of a number of persons may all be protected at the same time by insurance given under the Search Report Insurance Policy in relation to each individual property, no person insured under the policy will have the right to cancel the insurance without the written agreement of all other persons who might benefit from the insurance. No refund of premium will be payable. See paragraph 17 of the policy. 7. Term of the policy. Cover under insurance given under the Search Report Insurance Policy protects only the persons specified in the policy as an "Insured" and does not continue to protect any purchaser from an insured. Each person who is insured should check periodically to ensure that the policy still meets their needs. Please refer to paragraph 2 of the policy. S. Claims. Anyone wishing to claim under the insurance given under the Search Report Insurance Policy must advise First Title in writing as soon as possible after becoming aware of any claim or circumstance which might entitle them to make a claim. Please see paragraph 5 of the policy, 9. Queries. If you require further information or have any queries regarding the policy you should contact First Title Insurance pic at Title House, 33-39 Elmfield Road, Bromley. Kent BR1 1LT. 10. Complaints. If you wish to complain about any aspect of the service you have received regarding the insurance policy, please contact First Title Insurance pic at Title House, 33-39 Elmfield Road. Bromley, KentBRI 1LT. Please quote the policy reference. SRIP/11/08. If your complaint is not dealt with to your satisfaction you may complain to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0845 080 1800. There are some instances where the Financial Ombudsman Service cannot consider your complaint. Making a complaint will not prejudice your right to take legal proceedings. 11. Compensation Should First Title Insurance pic become unable at any time to meet claims against it the Financial Services Compensation Scheme will protect your interests. Thcro are maximum levels of compensation you can receive under the Scheme. You will normally be covered for at least 90% of the payment due under your policy. 12. Price The premium for the Search Report Insurance is £5.00 plus IPT. SRTP/11/08 First Title SearchFiow An MDA Builneu MDA Searchflow Limited 42 Kings Hill Avenue Kings Hill West Mailing Kent ME194AJ 1 The Financial Services Authority (FSA) The FSA is the independent watchdog and statutory body that regulates financial services. The FSA regulations require us to give you this document Use this information to decide if our services are right for you. 2 Whose products do we offer? We only offer a product from First Title Insurance pic for Search Report Insurance. 3 Which service will we provide you with? You will not receive advice or a recommendation from us for Search Report Insurance. 4 What will you have to pay us for our services? There is no fee payable to us for organising the Search Report Insurance. 5 Who regulates us? MDA SearchFlow Limited trading as PSA, Richards Gray, Capital Searches, Conveyancing Searches and Conveyancing Report Agency is authorised and regulated by the Financial Services Authority (FSA). MDA SearchFlow LImited's FSA Registration number is 312643. Our permitted business is carrying out and effecting insurance contracts. You can check this on the FSA's Register by visiting the FSA's website www.fsg.qov.uk/reqister or by contacting the FSA on 0845 606 1234. Search Report Insurance Policy Demands & Needs Statement and Suitability In connection with the Personal Local Search carried out in relation to the property, the transaction benefits from the inclusion of a Search Report Insurance Policy. This policy will cover you, the Insured, against Actual Loss incurred by you by reason of an Adverse Entry which existed at the Policy Date but was not fully disclosed to you in the Search Report. Under the Financial Services Authority regulations we are required to advise details of the contract of insurance recommended. We only deal with First Title Insurance pic for Search Report Insurance, Our recommendation is based upon First Title Insurance pic being an insurance company authorised and regulated by the Financial Services Authority and a subsidiary of The First American Corporation, a Fortune 500 company listed on the New York Stock Exchange and the world's leading provider of title information and property related services. Please also refer to the attached policy summary and retain the document, along with this letter, for future reference. think FirstTitle first SRIP/I1YOS