Precedent lease: residential flat as part of building

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  • Precedent lease: residential flat as part of building

    I would be very grateful if some one would be kind enough to email me or paste into a reply here a precedent for a lease of a residential flat in a building in which there are other flats held on long leases with no management company. Its many years since we have granted one of these and a format would be tremendously helpful and save a huge amount of typing time.

  • #2
    Sorry can't help.

    I can remember the days when every lease (draft, original and counterpart) had to be typed. Secretaries these days don't know they're born.

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    • #3
      Private message sent to OP.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        On re-reading your post I note that there are other flats in the building held on long leases. I think the new lease ought to follow the form of the other leases so far as possible, making only those changes which are necessary on account of any changes in the law since the leases were granted. Indeed, you ought to check that there is nothing in the leases that requires all leases to be in substantially the same form. Apart from that, from an estate management point of view all leases really ought to be identical.

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        • #5
          New long residential lease

          you are of course absolutely right; however the other leases were granted some thirty five odd years ago and no-one ever imagined the ground floor retail premises would one day be converted into another residential unit.


          And a modern precedent would give me a very good guide as to what might be expected by way of modern conveyancing practice, so as to be acceptable to the buyer.

          Obviously we would grant a covenant to enforce against other lessees who may be in default; and the alienation provisions would probably state that the lessors are entitled to a direct covenant on assignment. Years ago the landlord would not necessarily be obliged to carry out repairs to the structure but merely be entitled to recover costs if he did. I doubt this would be attractive to a lender today........


          And there are those hateful Kafkaesque proscribed clauses now needed...

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          • #6
            Originally posted by quarterday View Post
            And there are those hateful Kafkaesque proscribed clauses now needed...
            I think Kafka would be even more depressed (than he was already) to think his clauses had ended up in the lease of an English shop conversion.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              Originally posted by quarterday View Post
              And there are those hateful Kafkaesque proscribed clauses now needed.
              Er, if they were "Proscribed" we'd not need them at all!
              You mean "Prescribed"!
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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