Common use of Permit entry Clause in Contracts

Permit entry. At all reasonable times during the Term on notice to permit the Landlord and the lessees of other premises in the Building with workpeople and others to enter the Premises for the purpose of repairing any adjoining or neighbouring premises and for the purpose of repairing, maintaining and replacing all Service Media or other conveniences belonging to or serving the same, the party so entering making good any damage caused to the Premises. Yield up At the expiry or earlier termination of this Lease to quietly yield up the Premises repaired, maintained, cleaned, decorated and kept in accordance with the covenants in this Lease (except in respect of damage by risks insured under Clause 12.2 (Insure ) unless the insurance money is irrecoverable by reason of any act or default of the Leaseholder). Use Not to use the Premises for anything other than as a private residence in single occupation. Restrictions on use Not to do any act or thing which may: render void or voidable any policy of insurance on the Premises or may cause an increased premium to be payable in respect of the Premises; cause or permit to be caused nuisance, annoyance or disturbance to the owners lessees or occupiers of premises in the neighbourhood or visitors to such premises; result in any form of harassment or intimidation of any other person, including the Landlord's staff, contractors and agents; or result in the use of the Premises for any unlawful or immoral purpose. Alienation Not to assign, underlet, charge, mortgage, or part with possession of part only of the Premises. Not to underlet or part with possession of the whole of the Premises. Not without the prior written consent of the Landlord (such consent not to be unreasonably withheld) to assign the whole of the Premises before Final Staircasing has been accomplished. Disposals of the Premises when the Acquired Percentage is less than or equal to 80% Subject to Clause 10.19.3 and Clause 10.19.4, the Leaseholder shall pay to the Landlord on demand a sum equal to 80% less the Acquired Percentage of the Market Value if: this Lease is assigned when the Acquired Percentage is less than or equal to 80%; and within two months after receipt of notice of the assignment pursuant to Clause 10.21 (Register disposals ) the Landlord serves notice on the Leaseholder requiring such payment. Within 14 days of the date of the Landlord’s notice pursuant to Clause 10.19.1(b) the Landlord shall apply to the Valuer to determine the Market Value as at the date of service of the Leaseholder’s notice of assignment served pursuant to Clause 10.21 (Register disposals ) and shall notify the Leaseholder of the amount of the Valuer’s determination in writing within 7 days of receipt of such determination. The provisions of Clause 10.19.1 shall not apply when the Lease is assigned by way of either: a disposal under a will or intestacy; a disposal under section 24 of the Matrimonial Causes Act 1973 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975; a grant of a sub-tenancy in respect of which a notice has been given under section 52(1)(b) of the Housing Act 1980 (notice that a tenancy is to be a protected shorthold tenancy) or of a kind mentioned in any of Cases 11 to 18 or 20 in Schedule 15 to the Rent Act 1977; a grant of a sub-tenancy of part of the flat, if any other part of the flat remains in the possession of the tenant; or a grant of a mortgage. The circumstances in which the Landlord may not require payment under the provisions of Clause 10.19.1 are either: when the Lease is assigned both: to a person nominated by the Landlord within a period of eight weeks from the receipt by the Landlord of notice from the Leaseholder to the effect that the Leaseholder wishes to assign his interest in the Premises (“the Nomination Period”); and at a price no greater than the Acquired Percentage of the Market Value of the Premises (calculated excluding paragraph (c) and paragraph (d) of the definition of Market Value) as at a date no more than eight weeks prior to the date of exchange of contracts for the assignment which shall be confirmed by a Valuer’s Certificate which the Leaseholder shall serve on the Landlord together with the notice of assignment served pursuant to Clause 10.19 (Disposals of the Premises when the Acquired Percentage is less than or equal to 80% ); or if the Landlord fails within the Nomination Period to make any nomination or the Landlord’s nominee (without any fault or obstruction on the part of the Leaseholder) fails to enter into a binding contract for purchase from the Leaseholder within twelve weeks from the receipt of a draft contract by the solicitors or other persons acting for the Landlord’s nominee (which draft contract shall be supplied by the solicitor or other persons acting for the Leaseholder and shall contain reasonable terms based on the Standard Conditions of Sale) or completion of the Surrender to the Landlord has not taken place within the timescale set out in paragraph 1 of Schedule 7 (Surrender by Leaseholder ); or when the Lease is surrendered to the Landlord pursuant to the provisions of Schedule 7 (Surrender by Leaseholder ) following receipt of a notice from the Landlord (in response to the notice from the Leaseholder to the effect that the Leaseholder wishes to assign his interest in the Premises) stating that the Landlord will accept a surrender of the Term (“a Surrender”) and the Surrender will be in consideration of the payment of the Payment Sum. Disposals of the Premises when the Acquired Percentage is more than 80% If at any time when the Acquired Percentage is more than 80% the Leaseholder wishes to assign the whole of the Premises he must first serve written notice (“Initial Notice”) on the Landlord offering a surrender of the Term. Within six weeks of service of the Initial Notice, the Landlord shall serve written notice on the Leaseholder: stating that the Landlord will accept a surrender of the Term, in which case the provisions of Part 1 of Schedule 8 will apply; or declining the offer of a surrender but confirming that a Nominated Association will take an assignment of the whole of the Premises and stating the name, address and contact details of the Nominated Association, in which case the provisions of Part 2 of Schedule 8 will apply. If the Landlord (or the Nominated Association, if appropriate) does not comply with the timescale for completion specified in paragraph 4 of Schedule 8 (as to which time shall be of the essence) the Leaseholder may: assign the whole of the Premises as the Leaseholder sees fit subject to exchange of contracts (or completion where there is no prior exchange of contracts) for the assignment taking place within twelve months of service of the Initial Notice provided that if no exchange of contracts is effected within such twelve month period and the Leaseholder wishes to assign the whole of the Premises the procedure set out in this Clause 3.21 shall be repeated; and recover from the Landlord compensation for any loss occasioned by the Leaseholder as a result of delay or failure on the part of the Landlord (or the Nominated Association) to complete the surrender (or assignment) in accordance with this Clause 3.21 and Schedule 8 The Landlord and the Leaseholder hereby apply to the Chief Land Registrar to enter a restriction in the form set out in LR13 of the Land Registry Prescribed Clauses in the proprietorship register of the Leaseholder’s title to the Premises. Register disposals Within one month of any assignment, underletting, mortgage, charge or other dealing with the Leaseholder’s interest in the Premises to give notice of it together with a certified copy of the document effecting the assignment, mortgage, charge, or devolution to the Landlord and to pay a reasonable fee to the Landlord for the registration of the notice. Prevent loss of easements To do such acts and things as may reasonably be required by the Landlord to prevent any easement or right belonging to or used with the Premises from being obstructed or lost and not knowingly to allow any encroachment to be made on or easement acquired over the Premises and in particular not to allow the right of access of light from or over the Premises to any neighbouring property to be acquired. Leaseholder’s further covenants The Leaseholder covenants with the Landlord and with and for the benefit of the tenants and occupiers from time to time of the other premises in the Building as follows. Observe covenants in Schedule 2 (Mutual Covenants ) To observe the covenants set out in Schedule 2 (Mutual Covenants ). Comply with Regulations To comply with such reasonable regulations as the Landlord may make from time to time relating to the orderly and proper use of the Common Parts and security of the Building. Landlord’s covenants The Landlord covenants with the Leaseholder as follows. Quiet enjoyment That the Leaseholder paying the rents reserved by this Lease and performing and observing the covenants contained in this Lease may peaceably enjoy the Premises during the Term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it. Insure At all times during the Term (unless such insurance shall be cancelled, invalidated or revoked by any act or default of the Leaseholder) to keep the Building insured against loss or damage by fire and such other risks as the Landlord may from time to time reasonably determine or the Leaseholder or the Leaseholder’s mortgagee may reasonably require in some insurance office of repute to its full reinstatement value (including all professional fees in connection with any reinstatement and two years’ loss of rent) and whenever required will produce to the Leaseholder the insurance policy and the receipt for the last premium and will in the event of the Building being damaged or destroyed by fire or other risks covered by such insurance as soon as reasonably practicable make a claim against the insurers and lay out the insurance monies in the repair, rebuilding or reinstatement of the Building. Repair redecorate renew structure Subject to Clause 12.5 (Landlord’s Protection Provisions ) and to payment of the Specified Rent and Service Charge, the Landlord shall maintain, repair, redecorate, renew and (in the event in the Landlord’s reasonable opinion such works are required) improve: the load bearing framework and all other structural parts of the Building, the roof, foundations, joists and external walls of the Building and Service Media and machinery and plant within (but not exclusively serving) the Premises and all parts of the Building which are not the responsibility of the Leaseholder under this Lease or of any other leaseholder under a similar lease of other premises in the Building; the Service Media, cisterns and tanks and other gas, electrical, drainage, ventilation and water apparatus and machinery in under and upon the Building (except such as serve exclusively an individual flat in the Building and except such as belong to any utility supply authority or company); and the Common Parts. Lighting and cleaning of Common Parts Subject to Clause 12.5 (Landlord’s Protection Provisions ) and to Clause 12.3 (Repair redecorate renew structure ) and so far as practicable to keep the Common Parts of the Building adequately cleaned and lighted. Landlord’s Protection Provisions The Landlord shall not be liable to the Leaseholder for any failure in or interruption of the services referred to in Clause 12.3 (Repair redecorate renew structure ) or Clause 12.4 (Lighting and cleaning of Common Parts ) not attributable to its neglect or default. The Landlord may add to, diminish, modify or alter any service referred to in Clause 12.3 (Repair redecorate renew structure ) or Clause 12.4 (Lighting and cleaning of Common Parts ) if by reason of any change of circumstances during the Term such addition, diminution or alteration is in the opinion of the Landlord reasonably necessary or desirable in the interests of good estate management or for the benefit of the occupiers of the Building. Lettings of other flats That every lease or tenancy of any flat in the Building granted after the date of this Lease by the Landlord shall contain covenants to be observed by the tenant of that flat similar to those set out in Schedule 2 (Mutual Covenants ) and (save in the case of any flat which may be let at a rent on a periodic basis or for a fixed term of seven years or less) shall be substantially in the same form as this Lease. Enforce covenants in other leases If so required by the Leaseholder to enforce the tenant’s covenants similar to those contained in this Lease which are or may be entered into by the tenants of other flats in the Building so far as they affect the Premises provided that the Leaseholder indemnifies the Landlord against all costs and expenses of such enforcement. Mandatory buyback obligations That the Landlord will promptly in response to a request from the Leaseholder provide a certificate confirming where applicable that for the purposes of the restriction contained in Clause 10.20.4 the provisions of Clause 10.20 (Disposals of the Premises when the Acquired Percentage is more than 80% ) have either been complied with or do not apply to the disposition. Nominated Associations That the Landlord will not nominate any Nominated Association to take an assignment of the Premises under Clause 10.20 (Disposals of the Premises when the Acquired Percentage is more than 80% ) unless the Nominated Association has previously confirmed in writing to the Landlord that it wishes to be so nominated.2 Cesser of Liability in respect of covenants A party who was formerly the Landlord is to cease to be liable to perform and observe the covenants and conditions on the part of the Landlord contained in this Lease at and from the date of an assignment of the immediate reversion to this Lease.

Permit entry. At all reasonable times during the Term on notice to permit the Landlord and the lessees of other adjoining or neighbouring premises in the Building with workpeople and others to enter the Premises for the purpose of repairing any adjoining or neighbouring premises and for the purpose of repairing, maintaining and replacing all Service Media or other conveniences belonging to or serving the same, the party so entering making good any damage caused to the Premises. Yield up At the expiry or earlier termination of this Lease to quietly yield up the Premises repaired, maintained, cleaned, decorated and kept in accordance with the covenants in this Lease (except in respect of damage by risks insured under Clause 12.2 4.2 (Insure ) unless the insurance money is irrecoverable by reason of any act or default of the Leaseholder). Use Not to use the Premises for anything other than as a private residence in single occupation. Restrictions on use Not to do any act or thing which may: render void or voidable any policy of insurance on the Premises or may cause an increased premium to be payable in respect of the Premises; cause or permit to be caused nuisance, annoyance or disturbance to the owners lessees or occupiers of premises in the neighbourhood or visitors to such premises; result in any form of harassment or intimidation of any other person, including the Landlord's staff, contractors and agents; or result in the use of the Premises for any unlawful or immoral purpose. Alienation Not to assign, underlet, charge, mortgage, mortgage or part with possession of part only of the Premises. Not to underlet or part with possession of the whole of the Premises. Not without the prior written consent of the Landlord (such consent not to be unreasonably withheld) to assign the whole of the Premises before Final Staircasing has been accomplishedPremises. Disposals of the Premises when the Acquired Percentage is less than or equal to 80% Subject to Clause 10.19.3 3.20.3 and Clause 10.19.43.20.4, the Leaseholder shall pay to the Landlord on demand a sum equal to 80% less the Acquired Percentage of the Market Value if: this Lease is assigned when the Acquired Percentage is less than or equal to 80%; and within two months after receipt of notice of the assignment pursuant to Clause 10.21 3.22 (Register disposals ) the Landlord serves notice on the Leaseholder requiring such payment. Within 14 days of the date of the Landlord’s notice pursuant to Clause 10.19.1(b3.20.1(b) the Landlord shall apply to the Valuer to determine the Market Value as at the date of service of the Leaseholder’s notice of assignment served pursuant to Clause 10.21 3.22 (Register disposals ) and shall notify the Leaseholder of the amount of the Valuer’s determination in writing within 7 days of receipt of such determination. The provisions of Clause 10.19.1 3.20.1 shall not apply when the Lease is assigned by way of either: a disposal under a will or intestacy; a disposal under section 24 of the Matrimonial Causes Act 1973 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975; a grant of a sub-tenancy in respect of which a notice has been given under section 52(1)(b) of the Housing Act 1980 (notice that a tenancy is to be a protected shorthold tenancy) or of a kind mentioned in any of Cases 11 to 18 or 20 in Schedule 15 to the Rent Act 1977; a grant of a sub-tenancy of part of the flathouse, if any other part of the flat house remains in the possession of the tenant; or a grant of a mortgage. The circumstances in which the Landlord may not require payment under the provisions of Clause 10.19.1 3.20.1 are either: when the Lease is assigned both: to a person nominated by the Landlord within a period of eight weeks from the receipt by the Landlord of notice from the Leaseholder to the effect that the Leaseholder wishes to assign his interest in the Premises (“the Nomination Period”); and at a price no greater than the Acquired Percentage of the Market Value of the Premises (calculated excluding paragraph (c) and paragraph (d) of the definition of Market Value) as at a date no more than eight weeks prior to the date of exchange of contracts for the assignment which shall be confirmed by a Valuer’s Certificate which the Leaseholder shall serve on the Landlord together with the notice of assignment served pursuant to Clause 10.19 3.22 (Disposals of the Premises when the Acquired Percentage is less than or equal to 80% Register disposals); or if the Landlord fails within the Nomination Period to make any nomination or the Landlord’s nominee (without any fault or obstruction on the part of the Leaseholder) fails to enter into a binding contract for purchase from the Leaseholder within twelve weeks from the receipt of a draft contract by the solicitors or other persons acting for the Landlord’s nominee (which draft contract shall be supplied by the solicitor or other persons acting for the Leaseholder and shall contain reasonable terms based on the Standard Conditions of Sale) or completion of the Surrender to the Landlord has not taken place within the timescale set out in paragraph 1 of Schedule 7 (Surrender by Leaseholder ); or when the Lease is surrendered to the Landlord pursuant to the provisions of Schedule 7 (Surrender by Leaseholder ) following receipt of a notice from the Landlord (in response to the notice from the Leaseholder to the effect that the Leaseholder wishes to assign his interest in the Premises) stating that the Landlord will accept a surrender of the Term (“a Surrender”) and the Surrender will be in consideration of the payment of the Payment Sum. Disposals of the Premises when the Acquired Percentage is more than 80% If at any time when the Acquired Percentage is more than 80% the Leaseholder wishes to assign the whole of the Premises he must first serve written notice (“Initial Notice”) on the Landlord offering a surrender of the Term. Within six weeks of service of the Initial Notice, the Landlord shall serve written notice on the Leaseholder: stating that the Landlord will accept a surrender of the Term, in which case the provisions of Part 1 of Schedule 8 6 will apply; or declining the offer of a surrender but confirming that a Nominated Association will take an assignment of the whole of the Premises and stating the name, address and contact details of the Nominated Association, in which case the provisions of Part 2 of Schedule 8 6 will apply. If the Landlord (or the Nominated Association, if appropriate) does not comply with the timescale for completion specified in paragraph 4 of Schedule 8 6 (as to which time shall be of the essence) the Leaseholder may: assign the whole of the Premises as the Leaseholder sees fit subject to exchange of contracts (or completion where there is no prior exchange of contracts) for the assignment taking place within twelve months of service of the Initial Notice provided that if no exchange of contracts is effected within such twelve month period and the Leaseholder wishes to assign the whole of the Premises the procedure set out in this Clause 3.21 shall be repeated; and recover from the Landlord compensation for any loss occasioned by the Leaseholder as a result of delay or failure on the part of the Landlord (or the Nominated Association) to complete the surrender (or assignment) in accordance with this Clause 3.21 and Schedule 8 6. The Landlord and the Leaseholder hereby apply to the Chief Land Registrar to enter a restriction in the form set out in LR13 of the Land Registry Prescribed Clauses in the proprietorship register of the Leaseholder’s title to the Premises. Register disposals Within one month of any assignment, underletting, mortgage, charge or other dealing with the Leaseholder’s interest in the Premises to give notice of it together with a certified copy of the document effecting the assignment, mortgage, charge, or devolution to the Landlord and to pay a reasonable fee to the Landlord for the registration of the notice. Prevent loss of easements To do such acts and things as may reasonably be required by the Landlord to prevent any easement or right belonging to or used with the Premises from being obstructed or lost and not knowingly to allow any encroachment to be made on or easement acquired over the Premises and in particular not to allow the right of access of light from or over the Premises to any neighbouring property to be acquired. Leaseholder’s further covenants The Leaseholder covenants with the Landlord and with and for the benefit of the tenants and occupiers from time to time of the other premises in the Building as follows. Observe covenants in Schedule 2 (Mutual Covenants ) To observe the covenants set out in Schedule 2 (Mutual Covenants ). Comply with Regulations To comply with such reasonable regulations as the Landlord may make from time to time relating to the orderly and proper use of the Common Parts and security of the Building. Landlord’s covenants The Landlord covenants with the Leaseholder as follows. Quiet enjoyment That the Leaseholder paying the rents reserved by this Lease and performing and observing the covenants contained in this Lease may peaceably enjoy the Premises during the Term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it. Insure At all times during the Term (unless such insurance shall be cancelled, invalidated or revoked by any act or default of the Leaseholder) to keep the Building Premises insured against loss or damage by fire and such other risks as the Landlord may from time to time reasonably determine or the Leaseholder or the Leaseholder’s mortgagee may reasonably require in some insurance office of repute to its full reinstatement value (including all professional fees in connection with any reinstatement and two years’ loss of rent) and whenever required will produce to the Leaseholder the insurance policy and the receipt for the last premium and will in the event of the Building Premises being damaged or destroyed by fire or other risks covered by such insurance as soon as reasonably practicable make a claim against the insurers and lay out the insurance monies in the repair, rebuilding or reinstatement of the BuildingPremises. Repair redecorate renew structure Subject to Clause 12.5 (Landlord’s Protection Provisions ) and to payment Land Registry certificate of the Specified Rent and Service Charge, the Landlord shall maintain, repair, redecorate, renew and (in the event in the Landlord’s reasonable opinion such works are required) improve: the load bearing framework and all other structural parts of the Building, the roof, foundations, joists and external walls of the Building and Service Media and machinery and plant within (but not exclusively serving) the Premises and all parts of the Building which are not the responsibility of the Leaseholder under this Lease or of any other leaseholder under a similar lease of other premises in the Building; the Service Media, cisterns and tanks and other gas, electrical, drainage, ventilation and water apparatus and machinery in under and upon the Building (except such as serve exclusively an individual flat in the Building and except such as belong to any utility supply authority or company); and the Common Parts. Lighting and cleaning of Common Parts Subject to Clause 12.5 (Landlord’s Protection Provisions ) and to Clause 12.3 (Repair redecorate renew structure ) and so far as practicable to keep the Common Parts of the Building adequately cleaned and lighted. Landlord’s Protection Provisions The Landlord shall not be liable to the Leaseholder for any failure in or interruption of the services referred to in Clause 12.3 (Repair redecorate renew structure ) or Clause 12.4 (Lighting and cleaning of Common Parts ) not attributable to its neglect or default. The Landlord may add to, diminish, modify or alter any service referred to in Clause 12.3 (Repair redecorate renew structure ) or Clause 12.4 (Lighting and cleaning of Common Parts ) if by reason of any change of circumstances during the Term such addition, diminution or alteration is in the opinion of the Landlord reasonably necessary or desirable in the interests of good estate management or for the benefit of the occupiers of the Building. Lettings of other flats That every lease or tenancy of any flat in the Building granted after the date of this Lease by the Landlord shall contain covenants to be observed by the tenant of that flat similar to those set out in Schedule 2 (Mutual Covenants ) and (save in the case of any flat which may be let at a rent on a periodic basis or for a fixed term of seven years or less) shall be substantially in the same form as this Lease. Enforce covenants in other leases If so required by the Leaseholder to enforce the tenant’s covenants similar to those contained in this Lease which are or may be entered into by the tenants of other flats in the Building so far as they affect the Premises provided that the Leaseholder indemnifies the Landlord against all costs and expenses of such enforcement. Mandatory buyback obligations compliance That the Landlord will promptly in response to a request from the Leaseholder provide a certificate confirming where applicable that for the purposes of the restriction contained in Clause 10.20.4 the provisions of Clause 10.20 3.21 (Disposals of the Premises when the Acquired Percentage is more than 80% ) have either has been complied with or that they do not apply to the disposition. Nominated Associations That the Landlord will not nominate any Nominated Association to take an assignment of the Premises under Clause 10.20 3.21 (Disposals of the Premises when the Acquired Percentage is more than 80% ) unless the Nominated Association has previously confirmed in writing to the Landlord that it wishes to be so nominated.2 Cesser of Liability in respect of covenants A party who was formerly Provisos The parties agree the Landlord is to cease to following provisos. Proviso for re-entry This Clause 5.1 (Proviso for re-entry ) shall apply where: the Specified Rent shall be liable to perform and observe the covenants and conditions unpaid for 21 days after becoming payable (whether formally demanded or not); or if any covenant on the part of the Leaseholder shall not be performed or observed. Subject to the Landlord obtaining any court order required the Landlord may at any time re-enter the Premises or any part of them and terminate this Lease. Clause 5.1.2 does not affect any right of action or remedy of the Landlord in respect of any earlier breach of any of the Leaseholder’s covenants or the conditions contained in this Lease at and from provided that (without prejudice to the date of an assignment Landlord’s rights under this Lease): the Landlord shall give notice to the Mortgagee or any mortgagee of the immediate reversion Leaseholder of whom the Landlord has received notice pursuant to Clause 3.22 (Register disposals ) (as the case may be) before commencing any proceedings for forfeiture of this LeaseLease or proceedings for possession of the Premises; and if within a period of 28 days (or within such other period specified in the Landlord’s notice as the notice period, if longer) the Mortgagee or such mortgagee of the leaseholder of whom the Landlord has received notice (as the case may be) indicates in writing to the Landlord that it wishes to remedy such breach, and/or is going to take such action as may be necessary to resolve the problem complained of by the Landlord, the Landlord shall allow 28 days (or such longer time as may be reasonable in view of the nature and extent of the breach) to remedy such breach and take the action necessary to resolve such problem.