PROVISOS Re-entry. 5.1 IT IS HEREBY AGREED AND DECLARED that if the Leaseholder shall not perform or observe all the covenants and provisions hereby on the part of the Leaseholder to be performed or observed then it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to re-enter into or upon the Property or any part thereof in the name of the whole and to repossess and enjoy the same as if this Lease had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Leaseholder herein contained provided that the Landlord will return the Acquired Percentage to the Leaseholder and provided that the Landlord has complied with the relevant statutory requirements to re-enter the Property. 5.2 Subject to the Landlord obtaining any court order required the Landlord may re-enter the Property or any part and terminate this Lease pursuant to Clause 5.1. 5.3 For the avoidance of doubt, : 5.3.1 the Landlord will not re-enter the Property on the basis that:under any of the following statutory grounds: (a) Ground 1: before the beginning of this Lease the Landlord occupied/or required the Property to be used as a principal residential home; (b) Ground 2: the Property is subject to a mortgage before the beginning of this Lease and the mortgagee is entitled to exercise a power of sale; (c) Ground 6: the Landlord is planning soon to demolish or rebuild the Property or to carry out work which the Landlord cannot do unless the Property is empty; (d) Ground 7A: the Leaseholder or a person residing or visiting has been convicted of a serious offence which was committed in or nearby the Property or committed against a person who resides in housing accommodation nearby or against the Landlord or a person employed by the Landlord in connection with managing the Property; (e) Ground 7B: the Leaseholder is disqualified as a result of the Leaseholder's immigration status from occupying the Property under this Lease; (f) Ground 8: the Minimum Rent remains unpaid at least 8 weeks following when the Minimum Rent fell due;or (g) Ground 9: suitable alternative accommodation will be available following an order for possession; (h) 5.3.2if any Ground 11: if the Minimum Rent is in arrears on the date the court proceedings have begun and the Leaseholder has persistently delayed paying the Minimum Rentrent; (i) Ground 14ZA: the Leaseholder or an adult residing with the Leaseholder has been convicted of an indictable offence which took place during a riot in the United Kingdom; (j) Ground 14A: the Leaseholder's partner has left the Property because of the Leaseholder's violence or threats of violence against them, or against a member of their family residing with them, and they are unlikely to return. 5.3.2 the Landlord may ask the court to make a possession order on the following statutory grounds: (a) Ground 10: the Minimum Rent is unpaid on the date proceedings for possession have begun and, except where the court considers it just and equitable to remove the need to serve a notice of proceedings, the Minimum Rent was also in arrears at the date the notice was served; (b) Ground 12: the Leaseholder has broken any of the other Lease conditions; (c) Ground 13: the condition of the Property, or any of the communal areas, has worsened because of any actions, neglect or fault of the Leaseholder or anyone living with the Leaseholder; (d) Ground 14: the Leaseholder, a member of the Leaseholder's household or a visitor to the Property has caused a nuisance, or annoyed anyone or been convicted of using the Property for an illegal purpose or an offence committed in the locality; (e) Ground 17: the Leaseholder or anyone acting together with the Leaseholder or for the Leaseholder has lied to help the Leaseholder get a lease. 5.4 Clause 5.1 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 provided that (without prejudice to the Landlord's rights under this Lease): 5.4.1 The Landlord shall give notice to the Mortgagee or any mortgagee of the Leaseholder of whom the Landlord has received notice pursuant to Clause 3.1.40 3.1.43 (as the case may be) before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and 5.4.2 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.
Appears in 1 contract
Sources: Shared Ownership Lease
PROVISOS Re-entry. 5.1 IT IS HEREBY AGREED AND DECLARED that if the Leaseholder shall not perform or observe all the covenants and provisions hereby on the part of the Leaseholder to be performed or observed then it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to re-enter into or upon the Property or any part thereof in the name of the whole and to repossess and enjoy the same as if this Lease had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Leaseholder herein contained provided that the Landlord will return the Acquired Percentage to the Leaseholder and provided that the Landlord has complied with the relevant statutory requirements to re-enter the Property.Property.
5.2 Subject to the Landlord obtaining any court order required the Landlord may re-enter the Property or any part and terminate this Lease pursuant to Clause 5.1.
5.3 For the avoidance of doubt, :
5.3.1 the Landlord will not re-enter the Property on the basis that:under any of
5.3.1 the following statutory grounds:
(a) Ground 1: before the beginning of this Lease the Landlord occupied/or required the Property to be used as a principal residential home;
(b) Ground 2: the Property is subject to a mortgage before the beginning of this Lease and the mortgagee is entitled to exercise a power of sale;
(c) Ground 6: the Landlord is planning soon to demolish or rebuild the Property or to carry out work which the Landlord cannot do unless the Property is empty;
(d) Ground 7A: the Leaseholder or a person residing or visiting has been convicted of a serious offence which was committed in or nearby the Property or committed against a person who resides in housing accommodation nearby or against the Landlord or a person employed by the Landlord in connection with managing the Property;
(e) Ground 7B: the Leaseholder is disqualified as a result of the Leaseholder's immigration status from occupying the Property under this Lease;
(f) Ground 8: the Minimum Specified Rent remains unpaid at least 8 weeks following when the Minimum Specified Rent fell due;ordue; or
(g) Ground 9: suitable alternative accommodation will be available following an order for possession; (h) 5.3.2if 5.3.2 if any Ground 11: if the Minimum Specified Rent is in arrears on the date the court proceedings have begun and the Leaseholder has persistently delayed paying the Minimum Rentrent;
(i) Ground 14ZA: the Leaseholder or an adult residing with the Leaseholder has been convicted of an indictable offence which took place during a riot in the United Kingdom;
(j) Ground 14A: the Leaseholder's partner has left the Property because of the Leaseholder's violence or threats of violence against them, or against a member of their family residing with them, and they are unlikely to return.
5.3.2 the Landlord may ask the court to make a possession order on the following statutory grounds:
(a) Ground 10: the Minimum Rent is unpaid on the date proceedings for possession have begun and, except where the court considers it just and equitable to remove the need to serve a notice of proceedings, the Minimum Rent was also in arrears at the date the notice was served;
(b) Ground 12: the Leaseholder has broken any of the other Lease conditions;
(c) Ground 13: the condition of the Property, or any of the communal areas, has worsened because of any actions, neglect or fault of the Leaseholder or anyone living with the Leaseholder;
(d) Ground 14: the Leaseholder, a member of the Leaseholder's household or a visitor to the Property has caused a nuisance, or annoyed anyone or been convicted of using the Property for an illegal purpose or an offence committed in the locality;
(e) Ground 17: the Leaseholder or anyone acting together with the Leaseholder or for the Leaseholder has lied to help the Leaseholder get a lease.Specified Rent
5.4 Clause 5.1 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 provided that (without prejudice to the Landlord's rights under this Lease):Lease):
5.4.1 The Landlord shall give notice to the Mortgagee or any mortgagee of the Leaseholder of whom the Landlord has received notice pursuant to Clause 3.1.40 3.1.43 (as the case may be) before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and
5.4.2 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.
Appears in 1 contract
Sources: Shared Ownership Lease
PROVISOS Re-entry. 5.1 IT IS HEREBY AGREED AND DECLARED that if the Leaseholder shall not perform or observe all the covenants and provisions hereby on the part of the Leaseholder to be performed or observed then it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to re-enter into or upon the Property or any part thereof in the name of the whole and to repossess and enjoy the same as if this Lease had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Leaseholder herein contained provided that the Landlord will return the Acquired Percentage to the Leaseholder and provided that the Landlord has complied with the relevant statutory requirements to re-enter the Property.
5.2 Subject to the Landlord obtaining any court order required the Landlord may re-enter the Property or any part and terminate this Lease pursuant to Clause 5.1.
5.3 For the avoidance of doubt, :
5.3.1 the Landlord will not re-enter the Property on the basis that:under any of the following statutory grounds:
(a) Ground 1: before the beginning of this Lease the Landlord occupied/or required the Property to be used as a principal residential home;
(b) Ground 2: the Property is subject to a mortgage before the beginning of this Lease and the mortgagee is entitled to exercise a power of sale;
(c) Ground 6: the Landlord is planning soon to demolish or rebuild the Property or to carry out work which the Landlord cannot do unless the Property is empty;
(d) Ground 7A: the Leaseholder or a person residing or visiting has been convicted of a serious offence which was committed in or nearby the Property or committed against a person who resides in housing accommodation nearby or against the Landlord or a person employed by the Landlord in connection with managing the Property;
(e) Ground 8: the Specified Rent remains unpaid at least 8 weeks following when the Specified Rent fell due;or
(f) Ground 7B: the Leaseholder is disqualified as a result of the Leaseholder's immigration status from occupying the Property under this Lease;
(f) Ground 8: the Minimum Rent remains unpaid at least 8 weeks following when the Minimum Rent fell due;or
(g) Ground 9: suitable alternative accommodation will be available following an order for possession; (h) 5.3.2if any Ground 11: if the Minimum Specified Rent is in arrears on the date the court proceedings have begun and the Leaseholder has persistently delayed paying the Minimum Specified Rentrent;
(i) Ground 14ZA: the Leaseholder or an adult residing with the Leaseholder has been convicted of an indictable offence which took place during a riot in the United Kingdom;
(j) Ground 14A: the Leaseholder's partner has left the Property because of the Leaseholder's violence or threats of violence against them, or against a member of their family residing with them, and they are unlikely to return.
5.3.2 the Landlord may ask the court to make a possession order on the following statutory grounds:
(a) Ground 10: the Minimum Specified Rent is unpaid on the date proceedings for possession have begun and, except where the court considers it just and equitable to remove the need to serve a notice of proceedings, the Minimum Specified Rent was also in arrears at the date the notice was served;
(b) Ground 12: the Leaseholder has broken any of the other Lease conditions;
(c) Ground 13: the condition of the Property, or any of the communal areas, has worsened because of any actions, neglect or fault of the Leaseholder or anyone living with the Leaseholder;
(d) Ground 14: the Leaseholder, a member of the Leaseholder's household or a visitor to the Property has caused a nuisance, or annoyed anyone or been convicted of using the Property for an illegal purpose or an offence committed in the locality;
(e) Ground 17: the Leaseholder or anyone acting together with the Leaseholder or for the Leaseholder has lied to help the Leaseholder get a lease.
5.4 Clause 5.1 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 provided that (without prejudice to the Landlord's rights under this Lease):
5.4.1 The Landlord shall give notice to the Mortgagee or any mortgagee of the Leaseholder of whom the Landlord has received notice pursuant to Clause 3.1.40 3.1.43 (as the case may be) before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and
5.4.2 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.
Appears in 1 contract
Sources: Shared Ownership Lease
PROVISOS Re-entry. 5.1 IT IS HEREBY AGREED AND DECLARED that if the Leaseholder shall not perform or observe all the covenants and provisions hereby on the part of the Leaseholder to be performed or observed then it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to re-enter into or upon the Property or any part thereof in the name of the whole and to repossess and enjoy the same as if this Lease had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Leaseholder herein contained provided that the Landlord will return the Acquired Percentage to the Leaseholder and provided that the Landlord has complied with the relevant statutory requirements to re-re- enter the Property.Property.
5.2 Subject to the Landlord obtaining any court order required the Landlord may re-enter the Property or any part and terminate this Lease pursuant to Clause 5.1.
5.3 For the avoidance of doubt, :
5.3.1 the Landlord will not re-enter the Property on the basis that:under any of
5.3.1 the following statutory grounds:
(a) Ground 1: before the beginning of this Lease the Landlord occupied/or required the Property to be used as a principal residential home;
(b) Ground 2: the Property is subject to a mortgage before the beginning of this Lease and the mortgagee is entitled to exercise a power of sale;
(c) Ground 6: the Landlord is planning soon to demolish or rebuild the Property or to carry out work which the Landlord cannot do unless the Property is empty;
(d) Ground 7A: the Leaseholder or a person residing or visiting has been convicted of a serious offence which was committed in or nearby the Property or committed against a person who resides in housing accommodation nearby or against the Landlord or a person employed by the Landlord in connection with managing the Property;
(e) Ground 7B: the Leaseholder is disqualified as a result of the Leaseholder's immigration status from occupying the Property under this Lease;
(f) Ground 8: the Minimum Rent reserved rent remains unpaid at least 8 weeks following when the Minimum Rent rent fell due;ordue; or
(g) Ground 9: suitable alternative accommodation will be available following an order for possession; (h) 5.3.2if 5.3.2 if any Ground 11: if the Minimum Rent reserved rent is in arrears on the date the court proceedings have begun and the Leaseholder has persistently delayed paying the Minimum Rentrent;rent
(i) Ground 14ZA: 5.4 Notwithstanding anything herein contained the Landlord shall be under no greater liability either to parties hereto or to strangers to this contract who may be permitted to enter or use the Building for accidents happening injuries sustained or for loss of or damage to goods or chattels in the Building or in any part thereof arising from the negligence of the Landlord or that of any servant or agent of the Landlord or otherwise than the obligations involved in the common duty of care
5.5 Notwithstanding anything herein contained the Landlord shall not be liable to the Leaseholder or an adult residing with nor shall the Leaseholder has been convicted of an indictable offence which took place during a riot in the United Kingdom;
(j) Ground 14A: the Leaseholder's partner has left the Property because of the Leaseholder's violence or threats of violence have any claim against them, or against a member of their family residing with them, and they are unlikely to return.
5.3.2 the Landlord may ask the court to make a possession order on the following statutory grounds:in respect of
(a) Ground 10: the Minimum Rent is unpaid on the date proceedings for possession have begun and, except where the court considers it just and equitable to remove the need to serve a notice of proceedings, the Minimum Rent was also 5.5.1 any interruption in arrears at the date the notice was served;
(b) Ground 12: the Leaseholder has broken any of the services hereinbefore mentioned by reason of necessary repair or maintenance of any installations or apparatus or damage thereto or destruction thereof by fire water act of God or by reason of mechanical or other Lease conditions;
(c) Ground 13: the condition defect or breakdown or frost or other inclement conditions or unavoidable shortage of fuel materials water or labour or labour disputes or any act omission or negligence of any caretaker attendant or other servant of the Property, Landlord in or about the performance or purported performance of any duty relating to the provision of the said services or any of them except to the communal areas, has worsened because extent that such matters are covered by insurance that may be maintained by the Landlord from time to time
5.5.2 any termination of any actions, neglect or fault of the services hereinbefore mentioned if the Landlord in its reasonably exercised discretion shall decide that such services are no longer reasonably required on the Estate or that they are no longer economically viable
5.6 Subject to Clause 4.1.13 nothing herein contained shall confer on the Leaseholder or anyone living with the Leaseholder;
(d) Ground 14: the Leaseholder, a member of the Leaseholder's household or a visitor any right to the Property has caused a nuisance, benefit of or annoyed anyone to enforce any covenant or been convicted of using agreement contained in any lease or other instrument relating to any other premises belonging to the Property for an illegal purpose Landlord or an offence committed in to limit or affect the locality;
(e) Ground 17: the Leaseholder or anyone acting together with the Leaseholder or for the Leaseholder has lied to help the Leaseholder get a lease.
5.4 Clause 5.1 does not affect any right of action or remedy of the Landlord in respect of any earlier other premises belonging to the Landlord to deal with the same now or at any time hereafter in any manner which may be thought fit
5.7 No demand for or acceptance of rent by the Landlord or its agent with knowledge of a breach of any of the Leaseholder's covenants or on the conditions contained in this Lease provided that (without prejudice to the Landlord's rights under this Lease):
5.4.1 The Landlord shall give notice to the Mortgagee or any mortgagee part of the Leaseholder contained in these Presents shall be or be deemed to be a waiver wholly or partially of whom any such breach but any such breach shall be deemed to be a continuing breach of covenant and the Leaseholder shall not be entitled to set up any such demand for or acceptance of rent by the Landlord has received notice pursuant to Clause 3.1.40 3.1.43 (or its agent as a defence in any action for rent by the case may be) before commencing Landlord or its agent as a defence in any proceedings action for forfeiture or otherwise PROVIDED however that this provision shall have effect in relation only to a demand for or acceptance of this Lease or proceedings for possession of the Property; and
5.4.2 If within a rent during such 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 for enabling the nature and extent of parties hereto to carry on negotiations for remedying the breach) to remedy such said breach and take once the action necessary to resolve such problem.Landlord or its agent has received knowledge thereof
Appears in 1 contract
Sources: Lease Agreement
PROVISOS Re-entry. 5.1 IT IS HEREBY AGREED AND DECLARED that if the Leaseholder shall not perform or observe all the covenants and provisions hereby on the part of the Leaseholder to be performed or observed then it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord in that behalf to re-enter into or upon the Property or any part thereof in the name of the whole and to repossess and enjoy the same as if this Lease had not been made but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants by the Leaseholder herein contained provided that the Landlord will return the Acquired Percentage to the Leaseholder and provided that the Landlord has complied with the relevant statutory requirements to re-enter the Property.Property.
5.2 Subject to the Landlord obtaining any court order required the Landlord may re-enter the Property or any part and terminate this Lease pursuant to Clause 5.1.
5.3 For the avoidance of doubt, :
5.3.1 the Landlord will not re-enter the Property on the basis that:under any of the following statutory grounds:
(a) Ground 1: before the beginning of this Lease the Landlord occupied/or required the Property to be used as a principal residential home;
(b) Ground 2: the Property is subject to a mortgage before the beginning of this Lease and the mortgagee is entitled to exercise a power of sale;
(c) Ground 6: the Landlord is planning soon to demolish or rebuild the Property or to carry out work which the Landlord cannot do unless the Property is empty;
(d) Ground 7A: the Leaseholder or a person residing or visiting has been convicted of a serious offence which was committed in or nearby the Property or committed against a person who resides in housing accommodation nearby or against the Landlord or a person employed by the Landlord in connection with managing the Property;
(e) Ground 7B: the Leaseholder is disqualified as a result of the Leaseholder's immigration status from occupying the Property under this Lease;
(f) Ground 8: 5.3.1 the Minimum Rent remains unpaid at least 8 weeks following when the Minimum Rent fell due;ordue; or
(g) Ground 9: suitable alternative accommodation will be available following an order for possession; (h) 5.3.2if 5.3.2 if any Ground 11: if the Minimum Rent is in arrears on the date the court proceedings have begun and the Leaseholder has persistently delayed paying the Minimum Rentrent;
(i) Ground 14ZA: the Leaseholder or an adult residing with the Leaseholder has been convicted of an indictable offence which took place during a riot in the United Kingdom;
(j) Ground 14A: the Leaseholder's partner has left the Property because of the Leaseholder's violence or threats of violence against them, or against a member of their family residing with them, and they are unlikely to return.
5.3.2 the Landlord may ask the court to make a possession order on the following statutory grounds:
(a) Ground 10: the Minimum Rent is unpaid on the date proceedings for possession have begun and, except where the court considers it just and equitable to remove the need to serve a notice of proceedings, the Minimum Rent was also in arrears at the date the notice was served;
(b) Ground 12: the Leaseholder has broken any of the other Lease conditions;
(c) Ground 13: the condition of the Property, or any of the communal areas, has worsened because of any actions, neglect or fault of the Leaseholder or anyone living with the Leaseholder;
(d) Ground 14: the Leaseholder, a member of the Leaseholder's household or a visitor to the Property has caused a nuisance, or annoyed anyone or been convicted of using the Property for an illegal purpose or an offence committed in the locality;
(e) Ground 17: the Leaseholder or anyone acting together with the Leaseholder or for the Leaseholder has lied to help the Leaseholder get a lease.Rent
5.4 Clause 5.1 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 provided that (without prejudice to the Landlord's rights under this Lease):Lease):
5.4.1 The Landlord shall give notice to the Mortgagee or any mortgagee of the Leaseholder of whom the Landlord has received notice pursuant to Clause 3.1.40 3.1.43 (as the case may be) before commencing any proceedings for forfeiture of this Lease or proceedings for possession of the Property; and
5.4.2 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.
Appears in 1 contract
Sources: Shared Ownership Lease