Sample Lease in Home Information Pack - by Ford Banks Irwin Solicitors The Property Lawyers in Manchester
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLYSample Lease in Home Information Pack
This Lease is made on the [date appears here]
Between [Seller's details] hereinafter called "the Lessor" of the one part and [Buyer's details] hereinafter called "the Lessee" of the other part
Witnesseth as follows:-
1. IN consideration of the sum of [purchase price details usually appear here] on or before the execution hereof paid by the Lessee to the Lessor (the receipt whereof the Lessor hereby acknowledges) and also in consideration of the yearly rent hereinafter reserved and of the covenants on the part of the Lessee hereinafter contained the Lessor hereby demises unto the Lessee ALL THAT plot of land situate at [Altrincham + Manchester] aforesaid which as to the boundaries abuttals and dimensions thereof is more particularly delineated and described in the plan annexed to or drawn on these presents and thereon edged red AND also all that messuage dwellinghouse or bungalow erected thereon or on some part thereof known as [address of property appears here] TOGETHER with the rights easements and appurtenances thereto belonging or appertaining and particularly (so far only as the Lessor can lawfully demise the same and in common with the Lessor and all others authorised by it or otherwise now or hereafter entitled thereto) all rights of way over and along any streets roads lanes avenues passages and footpaths shown upon the said plan hereto annexed and all continuations thereof and the user of sewers drains watercourses channels pipes wires and cables as are necessary for the reasonable and proper use and enjoyment by the Lessee and his lessees and tenants of the premises hereby demised EXCEPT and reserving unto the Lessor and all others authorised by it or otherwise now or hereafter entitled thereto (1) the free running and passage of water soil gas electricity and other services matters and things to and from the adjoining and neighbouring and any other land and premises through and along the sewers drains watercourses channels pipes wires and cables now or hereafter to be laid or made through under over or upon the premises hereby demised and the right to enter upon the premises hereby demised with or without workmen and others to inspect the condition thereof and to make connections therewith and carry out such repairs thereto and to the walls and fences of any adjoining premises and lay or make such further sewers drains watercourses channels pipes wires and cables as might be deemed necessary for the benefit of any adjoining and neighbouring or other land and premises the person or persons (over whom the Lessor has control) from time to time exercising such rights doing no unnecessary damage thereby and repairing any such damage to the surface of the land and any buildings thereon to the reasonable satisfaction of the Lessee and (2) such access of light and air to and from and such support over and from the land hereby demised and the buildings thereon and all such other rights easements and quasi-easements as are at present enjoyed or necessary for the better use and occupation of the adjoining and neighbouring land and premises now formerly or hereafter belonging to the Lessor TO HOLD the same (except and reserved as aforesaid) Unto the Lessee for the term of Nine hundred and ninety nine years to commence from the date hereof YIELDING AND PAYING therefor unto the Lessor during the said term the yearly rent of ten pounds to commence from the date hereof and to be charged upon the issuing out of the premises hereby demised and to be paid without deduction (Landlord's property tax only excepted) by equal half yearly payments on the twenty fifth day of March and the twenty ninth day of September in every year the first of such half yearly payments or a proportionate part thereof to be made on the 29th day of September next.
2. PROVIDED ALWAYS and it is hereby expressly agreed and declared by and between the parties hereto in manner following that is to say: if and whenever the yearly rent hereby reserved or any part thereof shall be unpaid for the space of twenty one days after the same shall have become due (whether the same shall have been lawfully demanded or not) or in case of the breach non-observance or non-performance by the Lessee of the covenants on his part herein contained then and in any such case and notwithstanding the previous waiver of any rights of entry it shall be lawful for the Lessor to enter into and upon the premises hereby demised or any part thereof in the name of the whole and the same to repossess and enjoy as if these presents had not been made notwithstanding anything to the contrary herein contained.
3. THE Lessee hereby covenants with the Lessor in manner following that is to say that the Lessee will at all times during the said term:-
(a) Pay the said yearly rent hereby reserved at the times and in manner hereinbefore appointed for payment thereof free from all deductions except as aforesaid.
(b) Bear pay and discharge all rates and taxes charges or assessments now or at any time during the said term charged upon or payable in respect of the premises hereby demised (Landlord's property tax only excepted).
(c) Repair uphold and keep the said messuage or dwellinghouse hereby demised (including the walls and fences thereof and the sewers drains and appurtenances) in good and sufficient repair and condition and of the clear yearly letting value of thirty pounds at the least and whenever requisite to rebuild the same or another in lieu thereof with like materials and in like manner and of the like value and so toties quoties that there shall always be on the said land hereby demised a messuage or dwellinghouse of a similar nature to that now erected thereon and of the clear yearly value aforesaid.
(d) To pay a reasonable proportion of the expense of repairing and maintaining all sewers drains pipes watercourses and other elements used or to be used in common by the occupiers of the property hereby demised and the adjoining or neighbouring properties such proportion in the case of dispute to be determined by the Surveyor to the Lessor whose decision shall be final and binding upon all parties.
(e) Keep the said messuage or dwellinghouse insured against loss or damage by fire to the full value thereof and when required produce to the Lessor the policy or policies of such insurance and the receipt for premiums payable in respect thereof and in case of loss or damage as aforesaid forthwith to rebuild or reinstate the said messuage or dwellinghouse and for that purpose to apply the money received under such insurance as aforesaid and if the same shall be insufficient to make up the deficiency out of his own money.
(f) That it shall be lawful for the Lessor or its agent once in every year in the daytime on forty eight house notice in writing with or without workmen or others to enter the said premises hereby demised to view the state of repair and condition thereof and of any defects and wants of reparation then and there found to give or leave notice in writing to the Lessee which defects and wants of reparation the Lessee will within the space of three calendar months after such notice repair and make good the same in accordance with the covenants in that behalf hereinbefore contained.
(g) Not to use the said dwellinghouse or any part thereof for any other purpose than that of a private dwellinghouse (but so that the profession of a doctor dentist architect or solicitor may be carried on therefrom) and not to do or suffer to be done on the said plot of land or any part thereof or in or upon any buildings erected thereon anything which may be a nuisance to the Lessor or the persons or person for the time being owning or occupying any of the premises adjacent to or in the neighbourhood of the premises hereby demised.
(h) Not to permit any advertisements on the walls of the said dwellinghouse or to be erected on the said plot of land nor erect or permit to be erected any hoarding or advertisement on the said premises not relating to the selling or letting of the same Provided that the affixing at or near to the entrance of the dwellinghouse to be erected upon the land hereby demised of a small brass or other plate bearing the name and profession or business of the occupier of the premises shall not be deemed to be a breach of the present covenant.
(i) Will within twenty eight days after any assignment under-lease or parting with possession of the said land or any part thereof (otherwise than by way of Mortgage of Legal Charge) give notice to the Lessor or its Solicitors of such assignment underletting or parting with possession stating the name and address of the person to whom such assurance or otherwise has been made and to pay to the said Solicitors a fee for registration of the particulars of such devolution or transfer.
4. THE Lessor hereby covenants with the Lessee in manner following that is to say:-
(a) That the Lessee paying the yearly rent hereby reserved and observing and performing the covenants and conditions on the part of the Lessee herein contained shall and may peaceably hold and enjoy the property hereby demised during the term hereby granted without any interruption by the Lessor or any persons lawfully claiming or to claim from under or in trust for it.
(b) As and when called upon by the local authority so to do or earlier should it so desire to pave or otherwise complete with all proper sewers and works the road and footpath forming part of the premises hereby demised and to maintain the same in good repair and condition until the same is taken over by the local authority and in the meantime to keep the Lessee and his estate and effects indemnified therefrom.
5. IT IS hereby agreed and declared that the walls divisions and fences separating the premises hereby demised from the adjoining premises retained by the Lessor shall be party walls divisions and fences and shall be used and maintained accordingly and that all rights of light air way water drainage and other easements or quasi easements heretobefore used exercised or enjoyed in respect of the property hereby demised and the adjoining property shall henceforth be used exercised and enjoyed by the respective owners for the time being in common in all respects as heretobefore.
[Usual ending of old documents that require a Seal]
For any further information please contact Ford Banks Irwin Solicitors.