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THIS SURRENDER and LEASE is made the day of 2007 BETWEEN GOODWOOD COURT (HOVE) MANAGEMENT LTD [company registration no: 0455312] of Goodwood Court Medical Centre, 52 Cromwell Road, Hove, BN3 3DX (The Lessor) and of (The Lessee)NOW THIS DEED WITNESSETH as follows:- 1. DEFINITIONS AND INTERPRETATION IN THIS LEASE 1.1 The "Previous Lease" means the lease dated and made between HEDGEMILL LIMITED (1) and (2)1.2 The "Term" means the term granted by the Previous Lease 1.3 The "New Term" means a term of years expiring on 24 June 3001 1.4 The " Lessor" where the context so admits includes the person for the time being entitled to the reversion immediately expectant on the termination of the Lease 1.5 The "Lessee" where the context so admits includes its successors in title personal representatives administrator or trustee in bankruptcy only 1.6 The "Premises" shall mean the flat numbered on the floor of the building known as Goodwood Court, Cromwell Road, Hove more particularly described in Clause 1 of the Previous Lease and registered at HM Land Registry under title number:2. RECITALS 2.1 The Premises are now vested in the Lessee for the unexpired residue of the Term subject to the Rent and the Lessee hereby covenants to observe and perform the covenants contained in the Previous Lease 2.2 The reversion immediately expectant on the Term is now vested in the Lessor in fee simple 2.3 It has been agreed between the parties to this Deed that the Term shall be surrendered and the New Term granted to the Lessee in substitution for it
3. RELEASE AND SURRENDER In consideration of the demise contained below the Lessee with full title guarantee surrenders to the Lessor the residue of the Term which shall forthwith merge in the freehold of the Premises 4. FIXTURES AND CHARGES The Lessor agrees that the Lessees fixtures in or upon the Premises shall not vest in the Lessor on the execution of this Deed and that the Lessee shall have the same rights in them after execution of this Deed as if they had been annexed to the Premises after execution of this Deed. The Lessor and Lessee agree that the garages referred to in the Previous Lease have not as at the date of this Deed been erected on the Buildings referred to therein and all reference in the Previous Lease and the New Lease to garages shall be construed as references to the parking areas only until such time as garages may be erected thereon. 5. DEMISE 5.1 In consideration of the surrender effected by Clause 3 above the Lessor with full title guarantee demises the Premises to the Lessee with the same rights exceptions and reservations as are expressed in the Previous Lease to hold to the Lessee for the New Term subject to and with the benefit of the Lessee and the Lessors covenants respectively contained in the Previous Lease and the provisos declarations and conditions contained in the Previous Lease PROVIDED THAT the Previous Lease shall be amended as follows:- (i) The Ground Rents reserved by Clause 1 of the Lease are to be deleted and replaced with: "A peppercorn ground rent if demanded" (ii) Clause 3(5) shall be amended so as to delete the words "in the year Two thousand and sixty" and to replace them with the following words: "When and so often as is required and not less than once in every seven years" (iii) Clause 3(6)(iii) shall be amended so as to replace references to The Town and Country Planning Act 1962 with the following: "The Town and Country Planning Act 1990 or such other statutory re-enactment or modification thereof from time to time" (iv) Clause 3(12) shall become 3(12)(i) (v) There shall be inserted Clause 3(12)(ii) as follows: "Not to underlet or part with possession of the demised premises at any time for the purposes of a holiday letting or lettings which shall for the avoidance of doubt include any letting for a term of less than three months and not at any time to underlet the property without having first produced to the under-lessee a complete copy of the Lease and having obtained from them an executed Deed of Covenant in accordance with Clause 3(13) herein and the Lessor shall be entitled to seek any costs of enforcing compliance with this Clause directly against the Lessee on an indemnity basis" (vi) The Solicitors reasonable fees payable under Clause 3(13) shall be amended so as to delete the words "reasonable fees in the matter" and replace it with: "£75 plus vat where applicable until 24 June 2033 and hereafter such greater sum as shall be reasonably demanded from time to time" (vii) There shall be inserted at Clause 3(19) the following Clause: "To install within the flat a self closing device to the main entrance door and a mains powered smoke detector to be maintained renewed and replaced where necessary in accordance with the relevant British Standards requirements (or such other standards as may replace them from time to time) such smoke detector to be placed within ten foot of every bedroom or sleeping dwelling or in accordance with any guidance issued by the Lessor from time to time" (viii) Clause 4(i)(a) shall be amended to remove the reference to "£20.10.0" and to replace it with the following wording: "Such sum as the Lessor may reasonably demand on account of expenses to be incurred" (ix) Clause 4(i) (b) shall be deleted and replaced with the following wording: "(b) The contribution payable by the Lessee to the Annual Maintenance Costs shall be [2.75] [2.99] [3.23] [3.35] [3.58] [10.27]" (hereinafter called "the Lessees Maintenance Contribution") (x) Clause 5(vi) will be deleted and replaced with the following wording: (b) To produce to the Lessee on demand (but no more often than once in every year unless the Block is destroyed or damaged in circumstances that might give rise to an insurance claim) the insurance policy effected pursuant to this clause and the receipt for the last premium paid thereon or (at the option of the Lessor) evidence from the insurers of the full terms of the policy and that the same is still in force and to produce to the Lessee as soon as reasonably practical any endorsement varying the terms of the insurance policy or a copy thereof or sufficient evidence of the contents thereof (c) An insurance policy complies with the terms of this clause if: it is effected in the name of the Lessor and the interest of the Lessee and of such other persons interested in the Block or any part thereof as either the Lessor or the Lessee may from time to time require are noted thereon and it provides cover against loss or damage by any of the risks ("insured risks") including fire lightning explosion earthquake landslip subsidence heavy riot civil commotion storm flood impact by vehicles bursting or overflowing of water apparatus and damage by malicious persons and vandals and such other risks against which the Lessor shall from time to time reasonably deem it prudent to insure to the extent that such cover is for the time being available for buildings such as the Block in the general insurance market which for the avoidance of doubt shall not include Chancel Repairs liability and at rates the Lessor (acting reasonably) considers reasonable and it insures an appropriate percentage of the rebuilding cost for professional fees incurred in rebuilding or reinstating any building destroyed or damaged by any insured risk and it is effected in some insurance office of repute or at Lloyds (d) At all times to insure on such terms as the Lessor shall reasonably think fit against liability of the Lessor for injury or damage to any person (whether or not a lessee of part of the Block) entering upon the Block (e) In the event of the Block or any part thereof being destroyed or damaged by any of risks insured against as soon as reasonably practicable lay out the insurance moneys received in repairing rebuilding and reinstating the same (xi) There shall be inserted as Clause 5(viii) the following Clause: "The Lessor will at all times comply with any requirements orders or regulations now or hereafter made by any local or other authority in relation to the building or any part thereof pursuant to any statutory power or authority except insofar as the obligation of complying with the same falls on the Lessee under the Lessees covenants herein contained in particular but without prejudice to the generality of the foregoing to comply with any statutory notice reasonably delivered by any local authority or statutory or other body whether or not compliance with such a notice would constitute an improvement to the building or common parts and all costs associated with such compliance shall be a recoverable expense for the purposes of the annual maintenance cost" (xii) Further there shall be inserted as Clause 5(ix) the following clause: "The Lessor will at the written request of the Lessee enforce by all means available to the Lessor covenants entered into by each of the Lessees of the flats in the building provided that the Lessor shall not be required to incur any legal or other costs in connection therewith unless and until such security as the Lessor in its reasonable discretion may require shall have been given by the Lessee or Mortgagee requesting action" (xiii) There shall be inserted at Clause 6(iii) the following Clause: "The Lessor will undertake a full inspection of the structure and/or condition of the building not less than once in every seven years unless such shall be necessary and upon receipt of such inspection report shall take appropriate action to undertake any building or other works reasonably required arising out of the report the costs of which shall be recoverable under the annual maintenance cost" 5.2 The Lessor and Lessee mutually covenant that they will respectively perform and observe the covenants provisos and stipulations contained in the Previous Lease as if they were repeated in full in this Deed with such modifications only as are expressed above or such that are necessary to make them applicable to this demise and as if the names of the parties to this Lease were respectively substituted for those of the Lessor and the Lessee in the Previous Lease IN WITNESS WHEREOF the parties have executed this Deed the day and year first written before SIGNED as a DEED by GOODWOOD COURT (HOVE) MANAGEMENT LTD Acting by its
.. Director
.. Company Secretary/Director
SIGNED as a DEED by in the presence of:-
Witness Signature . Witness Name . Witness Address . ..
Witness Occupation ..
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