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Flats Lease

Index

Index

Information

Lease & Obligations

Restrictions

Cleaning

Cleaning

The Management Company periodically tenders the cleaning within the common areas of blocks of flats so this is carried out effectively at a reasonable cost. Mara Services & Supplies carried out the work from 28 February 2011 but, having been allowed an additional increase for the National Living Wage in 2016, wished to increase the charges again by more than the amount permitted under the contract in 2017. The Directors declined to allow this and from 1 April 2017 the cleaning is now provided by local firm DNK Cleaning.

The weekly cleaning work is usually carried out in each staircase on the same day each week (which may change around public and bank holidays). The weekly work is:

  • Remove all cobwebs reachable with a long handled dusting flick.
  • Dust and damp wipe all ledges, skirting boards, balustrades, and architraves.
  • Damp wipe front entrance steps.
  • Thoroughly sweep and mop wash all hard floors.
  • Damp wipe front entrance door internal and external glazing as required.
  • Damp wipe light switches, wall sockets and immediate surrounding wall areas to remove any finger marks.
  • Clean internal glass to doors, fire screens etc to remove any finger marks.
  • Clean and polish as required any finger plates, kick plates and name signs.
  • Check all light circuits and replace strip light bulbs as required.
999 Years

Extending Your Lease to 999 Years

Since acquiring the freehold of the Estate from Laing Homes, The Management Company has made arrangements to allow owners of leasehold flats to extend their original leases from 125 years to 999 years, so preserving the value of the properties. The ability to sell flats should not be affected while over 60 years remain on the lease, until around 2025. However, the value of the property may begin to decrease now less than 100 years remain on 125-year leases. Extending the lease to 999 years in future once the property value has started to drop may increase it again and, consequently, you may start to be liable for tax on this gain. You are strongly advised to consider extending your lease now and to take your own professional advice on this.

By November 2013, lease extension had been completed or, for a few, was underway for 68% (over two thirds) of leasehold flats and almost all used Management Company's solicitor. If you have not already done this and wish to do so, please contact the Managing Agent for more details.

The specially discounted solicitor's fees for the initial large batches ended on 31 December 2010 and the reduced fees ended on 30 June 2011. You will now need to pay fees that will be confirmed on application to the Management Company's solicitor to process your lease individually (these are £500 including VAT and registration fees in November 2013). They may also act for you if you wish, or you may also appoint your own solicitor at your additional cost. You will also need to pay an administrative charge of £20 to the Managing Agent. This compares to a property value of over £200,000 that you are preserving.

To avoid charges to mortgage companies, the extension is being carried out by granting a second 999 year lease on the same property as the original 125 year lease. This new 999 year lease has the same terms as the original 125 year lease except that obsolete terms relating to Laing Homes or that have expired have been removed, changes to the format required by the Land Registry have been introduced and there is one small wording change of no practical significance. Here is a template of the new 999 year flat leasehold agreement (PDF, 174kb). You must not rely on this sample for any purpose and must refer to the specific legal agreement for your property. In particular, the 'specified proportion' and 'estate proportion' will depend on the type of property and block in which it is situated.

If you have obtained a 999 year lease and you re-mortgage or sell your property, you need at that time to send both leases to your solicitor with instructions provided by the Management Company's solicitor with your 999 year lease. Your solicitor will at that stage need to discharge any mortgage on your 125 year lease, collapse the 125 year lease into the 999 year lease and then apply for the new mortgage with the 999 year lease or transfer the 999 year lease to the new owner.

Warning

Obligations

The leasehold agreement for your flat includes a number of obligations, both on our part as the Management Company and on your part as the leasehold owner. Our responsibilities are listed on the management company page. This section summarises some of the obligations that you entered into when you bought your flat. The obligations apply to tenants who occupy sub-let flats as well as to owner-occupiers, and owners are responsible for ensuring that their tenants comply with the conditions.

The leasehold agreement, to which you should refer for full details (references are respectively to the original 125 year lease and the new 999 year lease, although the actual terms are the same), includes that:

  • you may only park vehicles (excluding boats, caravans and motor-homes which are not permitted) in the parking space which forms part of your property so as not to cause an obstruction (clauses 3(8) / 3.8 and 3(11) / 3.11) and not in common areas or in other peoples' spaces without their permission, which would constitute a nuisance (clause 3(9) / 3.9);
  • you must obtain consent in advance if sub-letting your flat (clause 2(8)(b) / 2.8.2) - see obligations;
  • you must keep common areas including hallways and bin stores clean and tidy (clause 3(2) / 3.2);
  • you must not erect any external aerials, including satellite dishes (clause 3(3) / 3.3) - see obligations for details of the communal satellite television service - nor erect washing lines or hang out washing outside or in common areas (clause 3(5) / 3.5);
  • you must not obstruct access to or render hazardous use of the common areas including hallways (clause 3(7) / 3.7) and, for Health and Safety reasons, you may not store bicycles or other items in hallways and you must not lock the fire doors leading on to the stairways;
  • you must not cause a nuisance or annoyance to other residents (clause 3(9) / 3.9) and, in particular, you must not play music loud enough to be heard outside your flat between 11pm and 9am nor cause noise nuisance (clause 3(13) / 3.13);
  • you must obtain consent in advance before carrying out alterations or additions to the flat (clause 3(10) / 3.10) - see obligations;
  • you must not keep dogs, cats, birds or other pets which may cause annoyance to other residents (clause 3(15) / 3.15).

As the Management Company owns the freehold of the building, you may not alter or damage the building including its foundations, floors, roofs, roof beams, walls, ceilings, window frames, windows, doors and any other fittings originally supplied with the flat (clause 3(10) / 3.10). The one exception is that you may fit approved replacement windows as described under obligations, after obtaining the relevant permission. If you are planning any work other than internal redecoration, please contact the Managing Agent before entering into a contract or starting work. You may be liable to the contractor for compensation if work that you have ordered cannot be carried out, or you may be liable to reverse the work and reinstate the original condition.

Legal Document

For reference, here is a sample of the original 125 year flat leasehold agreement (PDF, 109kb). Here is a template of the new 999 year flat leasehold agreement (PDF, 174kb). You must not rely on these samples for any purpose and must refer to the specific legal agreement for your property, which takes precedence over the samples and summaries on this website. In particular, the 'specified proportion' and 'estate proportion' will depend on the type of property and block in which it is situated.

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© St Benedicts (Tooting) Management Company Limited - 23 July 2017