Help understanding wording of lease for alterations covenant

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    Help understanding wording of lease for alterations covenant

    I'm a leaseholder who has been researching all things lease related as to get a better understanding of the terms. I think I'm starting to get there but I am struggling with the phrasing in the covenant concerning alterations.

    Here is my understanding thus far:

    THE DEMISE

    Lessor hereby demises unto the Lessee ALL THAT flat the same being shown on the plan annexed hereto and thereon edged red being the Basement Flat of the Building (hereinafter called "the Building") known as <address of the building the basement flat is contained within>
    ✅ "The Building" here is not the basement flat but rather the building it is par of (there are two flats in The Building, one of which is mine).

    including the floorboards and ceilings thereof the plasterwork and facings of the structural walls and the whole of any non-structural internal walls thereof and including the water tanks water pipes cisterns gas pipes electric Wires installations and fixtures serving the same exclusively
    ✅ Eggshell tenancy, standard stuff. Pipes, fixtures, non-structural walls and facings of structural walls etc. are in my demise.

    TOGETHER WITH the garden edged green on the said plan and (all which premises are hereinafter called "the Flat")
    ✅ Garden is demised to me. Basement flat + garden = "The Flat".

    THE COVENANT

    Not at any time during the said term without the previous consent in writing of the Lessor (whose consent shall not be unreasonably withheld) and except in accordance with plans elevations sections and specifications previously submitted to and approved by the Lessor
    ✅ Fully qualified covenant (section 19(2) of the landlords and tenants act 1927 applies). Need to provide plans, etc. to the landlord prior to approval.

    to erect make or maintain or suffer to be erected made or maintained on the Flat or any part thereof any building structural erection or improvement
    ✅ E.g. adding an interior wall, constructing a shed in the garden.

    or in any way annex the Flat or any part thereof to any premises adjoining
    ❓ I am unsure what examples would constitute "annexing" to "any premises adjoining" is in this context?

    or make or permit or suffer to be made any material structural change alteration or addition whatsoever in or to the Building now erected or which may be hereafter erected thereon or on any part thereof or in or to the appurtenances thereof
    ❓ Does this imply that additions can be made the building itself (not in my demise)? E.g. adding an extra room to the basement flat in the demised garden? That doesn't seem right at all.

    or in or to the use of the Flat or any part thereof
    ❓ Does this refer to changing the use of the rooms/garden of The Flat? E.g. changing the use of part the garden to the above extra room, or changing a bathroom to, say, a kitchen?

    or cut maim or injure or suffer to be cut maimed or injured any of the walls timbers girders ceilings roof or floors thereof (subject as aforesaid)
    ✅ (this is a continuation of the above quote, i.e. The Flat) E.g. cutting into an interior wall within the demise (but not the structural walls).


    MY QUESTIONS

    1) Are my ✅ readings of the lease correct?

    2) Could someone be so kind as to clarify my ❓ lack of understandings of the lease?

    Thanks in advance

    #2
    Anyone have any thoughts? 🙃

    Comment


      #3
      Yes.

      I am also unsure what is meant by "annexing"; perhaps "physically joining".

      Nothing in the clause allows anyone to encroach on any land included in your demise.

      I think the reference to use is to use as residential, not to the particular use of any part.

      Comment


        #4
        Thanks Lawcruncher 🙂

        Nothing in the clause allows anyone to encroach on any land included in your demise.
        So does this seem like to you that this prohibiting everyone (including me), or is it more to protect my demise from another leaseholder or the freeholder, say, building a garage for their use in my demise?

        Comment


          #5
          I have just seen the light! I think that in

          or make or permit or suffer to be made any material structural change alteration or addition whatsoever in or to the Building now erected or which may be hereafter erected thereon or on any part thereof or in or to the appurtenances thereof

          "Building" should be "building", that is not refer to "Building" as defined, but simply to "building" meaning bricks and mortar. That makes the clause hang together properly with "thereon" referring back to "the Flat". Better would have been:

          or make or permit or suffer to be made any material structural change alteration or addition whatsoever in or to the building or buildings now erected or which may be hereafter erected on the Flat or on any part thereof or in or to the appurtenances thereof

          Comment


            #6
            Yes, that makes much more sense! Thank you so much for clearing that up.

            Comment

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