I
H.M. L.4NE> REGISTRY
LE.ASEt40LO TtTLE REGllTiRED TITLE NUM8'£tfS~L\i i~s \
,-------·- ----IN/OUT
B:i~c.---·:s; I -----··-LEASES m.;;iy - ----- ..... __ DEl:OS·S-::M:::>:;L
"Fi?~i\:0.";;i.C'ONi!°?oL -· r-c:n:.;~'\NZL -..._
G~A'-'cJi.To"?>·: iµ 1 l£TTING PLAN , ........_
\i.E.
LYDFORD ESTATES LIMIT~
- to -
NATIONAL wESTMINSTER BANK LIMITED
. r
"f .,.. .. -:~
~~.~@~ ~ CRO\JN LANE MORDEN in tbe !.QJ\']lON l~OROUGH Of tt~
'l',l;;RM FRQl'l 25th Mu re h
FOR YEAR.$_
EXPIRES 24th March
·19n 99
2072
Rfil-'T £2250 per annum (subject to re-Vision after nine years) and each subse~uent period of seven years
0~
\ .J , --------- - - - - - -
...
'<' 1) --~\ .. :\.' .. r\,
rP"Rtoum ~ ~~:~~~ H
17 ·12· n ~ 0 8 2 7 I L..!_NLANO REVENU:_j
made the /["'~, ~ day
One thousand
seventy three B E T W E E N LYDFORD ESTATES LIMITED
whose registered office is at warren Court Euston Road London N.W .1.
(nereinafter called "the Landlord" which expression shall where the
context so admit s include the person for the time being entitled to
the reversion immediately expectant on the determination of the term
hereby created) of the one part .NATIONAL WESTMINSTER BANK L~MI~E~.
whose registered office is at 41 Lothbury in the City of London
(hereinafter called "the renant" which expression where the context
so admits shall include its successors in title and permitted assigns)
of the other part
W H E R EA S : - ·-·- --- ----------(1) _ay a Lease dated the Twenty second day of August One thousand
nine hundred and siXty and made between the Landlord of the one part
and the Tenant (then known as ~/estminster Bank Limited) of the other
part (hereinafter called ''the old Lease") The premises therein
described were demised to the Tenant for the term of Forty two years·
from the Twenty fifth day of March One thousand nine hundred and
sixty at the yearly =ent therein mentioned and subject to the
covenants on the part of the Tenant and of the Landlord and to the
condi tioni therein contained - -- ---· ·- ----( 2) It has been agreed between the parties hereto that the said term
of Forty two years shall be surrendered and that a term of Ninety nine
years shall be granted to the Tenant in substitution therefor in
manner hereafter appearing
W I T N E S S E T H as follows :-
1 . <.:1.L._IN consideration of the surrender by the Tenant to the Landlord
of the old Lease and in further consideration of the rents and the
Tenant ' s covenants hereinafter reserved and contained the Landlord
HEREBY DEMISES unto t~e Tenant ALL T~OSE the premises more
particularly described in the First Schedule hereto (hereinafter
called "the demised premises") TO HOLD the same unto the Tenant for
the term of NIJ'!E~l~t.'E TI~ from the Twenty fifth day of March
One thousand nine hundred and seventy three (hereinafter called "the
said term") subject nevertheless to all rights and easements or
reputed casements app~rta1ning to any of the a4Jacent or neighbouring
property which may be necessary or convenient for the enjoyment
L
I·
-- . I
~ l
l : I
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I - -- -----------------
·.
thereof YIELDING AND PAYING therefor the jearly rent of TWO THOUSAND
TWO HUNDRED AND FIFTY POUNDS (£2 , 250) (subject to increase as
after provided) And t he said rents shall in all cases be paid
without any deduction (except for tax authorised by statute to be
deducted) by equal quarterly payments in advance on the usual quarter
days in every year tte first of such payments being a proportionate
part for the period from the Twenty fourth day of June one thousand
nine hundred and seventy three to the Twenty eight day of September
one thousand nine hundred and seventy three having been made on the
execution hereof
2;:_'~-1+-~~--'T::::HE Tenant HEPEBY COVENANTS with the Landlord as follows :
(1) to pay the rents reserved at the times and in manner aforesaid
without any deductior: or abatement whatsoever (except as aforesaid)
(2) To pay (or in the absence of direct assessment on the demised
premises to repay to the Landlord a fair proportion of) all existing ·I and future rates taxes impositions assessments and outgoings payable
by law in respect of the demised premises whether by the owne~
occupier thereof including \~i thout prejudice to the generality of
the foregoing all present a~~e payments for w~s under any .,. '"..i:.·-c...-
Act or Acts of Parliament concerning buildings sewerage drainage the
publ ic hP.alth or any other public or local purposes (except tax
authorised by statute to be deducted)
(3) At all times during the said term to keep the demised p'rell[ises
and every part thereof and all additions thereto and the Landlord ' s
fixtures and fittings thereon (including all windows window frames
doors door frames plate glass and fibreglass) and the pipes and
sanitary and water apparatus thereof in good and substantial and
decorative repair and condition notwithstanding that such repairs or
any renewals may be necessitated by original or inherent defect
(with the same effect as if the interest in the demised premises of
the Tenant under these presents had commenced from the date of the
commencement of the term granted by the ol d Lease) ~~~~~~~~~~
(4) To paint with tiree coats of good quality paint in a proper and
workmanlike manner all the wood iron and other parts of the demised
premises heretofore or usually painted as to the external work in
every third year and in the l ast year or on sooner determination
(howsoever det~rmined) of the said term and as to the internal work
in every seventh year and in the last year or on sooner determination
(howsoever determined) of the said term and after every external
.,
THOUSAND
s herein
d
o be l I ~
quarter 1
ionate
:>us and
tember
)n the
lWS :-
~esaid
isaid)
iised
:is ting
>ayable ·----.or _...... · of
any
~e the
lC
imes
ld
rs or
the
r ·and
lsed
(n
1
'10rk
:iation
l.
J
painting to grain polish varnish and colo.ur the external parts of
the demised premises usually so treated and after every internal
painting to grain polish varnish distemper wash atop whiten and
colour all such parts as are usually so treated and to repaper the
parts usually papered with suitable paper of good quality
(5) To pay a fair proportion (to be determined by the surveyor for
the time being of the Landlord such determination to be final and
binding on the parties hereto) of the expenses payable in respect of
constructing repairing rebuilding and cleansing and in all ways what
soever maintaining all party walls fences sewers drains channels
sanitary apparatus pipes wires passageways stairways roofs roads ways
pavements land and all other things the use of which is common to the . and 't:o !JIJY adjoiniiig or ne.ighbouring !)re'llises
demised premises;~~~~~~~~~~~~~~~~~~~~~~~~~~~
(6) (a) Not without the previous consent in writing of the Landlord
to pull down cut alter or injure any of the main walls foundations
footings main tinbers or external appearance or floors or ceilings
of the demiood promises or make any additious thereto or sutrer any
waste spoil or destruction in or upon the demised premises nor alter
or in any manner interfere with the internal arrangement or constructio
of the demised premises or install a shopfrontor shop fittings at t he
demised premises And to carry out any work to which t he Landlord cay
consent hereunder in a good and ~orkmanlike manner with good and
substantial materials and to the satisfaction of the Landlord in
accordance with plans elevations sections and specifications previously
approved in writing by the Landlord's Architect or surveyor for the
time being and to pay the fees of such Archi tect or Surveyor in
relation thereto And at the expense of the Tenant to remove any s~ch
erections additions or alterations made without such previous consent
in writing of the Landlord or in respect of which the permission of
the appropriate Planning Authority is withdrawn or lapses and at the
expense of the Te~ant to comply with every order of such authority
requiring the removal or demolition of or other work in connection
with such erections additions or alterations and in all such cases
the Tenant will at its own expense make good all damage caused by such
removal demolition or other work and restore all parts of the demised
premises affected thereby to a state of good repair and condition~
(b) Not to do anything which may in any manner weaken the structur
of the demised premises or which may depreciate the letting value of
the demised premises or at any time block up darken obstruct or obscure
I
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any external doorway ~assage windows light grating or opening
belonging to the demiEed premises or permit any new window light
opening or other encroachment or easement to be made into against
or upon the demised premises or anything which may be or grow to the
damage annoyance or inconvenience of the Landlord and will at the
request of the Landlord adopt such means as may in the opinion of the
Landlord be expedient for preventing any such encroachment or the
acquisition of any such easement on or over the demised premises ~~~--ij .... ~ (7) (a) To permit the Landlord and its agents with or without work-
men and others twice a year at reasonable times in the daytime upon
notice to enter upon and view the condition and state of repair of
the demised premises and thereupon the Landlord may serve upon the
Tenant notice in writing specifying any repairs and works necessary·,
to be done and for which the Tenant is liable and require the Tenant
within three months or sooner if requisite to execute the same ~
if the Tenant shall not within one month after service of such
notice proceed diligently with the execution of such repairs and
complete the same within the space of three calendar months from
the date of the noti ce or sooner if requisite then to permit the
Landlord to enter upon the demised premises and execute such repairs
and works and the cost thereof shall be a debt due from the Tenant
to the Landlord and be forthwith recoverable by action
(b) To permit the Landlord or its agents or workmen and also
the tenants or occupiers of any adjoining or neighbouring premises
at any time during the said term at reasonable hours in the daytime
to enter upon the demised premises for the purpose of executing works
to or upon such adjoining or neighbouring premises
) (a) Not to assign part only of the demised premises
(b) Not to underlet or part with the possession of the demised
premises or any part •hereof nor assign the demised premises as a
whol e without the wri•ten consent of the Landlord (such consent not
to be unreasonably wi•hheld) PROVIDED ALWAYS that the Landlord may
as a condition of such consent to an assignment of the whole of the
demised premises requi re the proposed assignee to enter into direct
covenants with the Landlord to perform and observe all the covenants
on the Tenant's part herein contained and non compliance with such
condition shall be deemed to be a reasonable ground for refusing
such consent notwithstanding the respectability and financial
responsibility of the proposed assignee
t
st
o the
he
of the
he
work-
upon
Of
the
..._ ,,.. :a - --t·
Ill
;>airs
int
90
aes
~ime
works
sed
a
not
may
the
ect
ants
ch
(9) Within one month of every assignment assent charge transfer or
underlease or assignment of underlease of or relating to the demised
premises or any part thereof to give notice thereof in writing with
particulars thereof to the Solicitors for the time being of the
Landlord and produce to them such assignment assent charge transfer
or underlease or in tbe case of a devolution of the interest of the
Tenant not perfected by an assent within twelve months of the happenin
thereof to produce to the said Solicitors the Probate of the Will or
Letters of Administration -under which such devolution arises and to
pay them a registration fee of Four pounds in respect of each such
assignment asse~t charge transfer underlease or devolution
(10) (a) To pay all expenses (including Solicitors' costs and
Surveyors• fees) incurred by the Landlord or any Superior Landlord
incidental to or in contemplation of the preparation and service of
a notice of proceedings under sections 14-6 and 147 of the Law of
Property Act 1925 notwithstanding forfeiture is avoided otherwise
than by relief granted by the Court or incidental to the preparation
ano. aerv1ce or a schedule o:C Dilap.idatiom; at the end or the :;aid
term (howsoever determined) ~~~~~~~~~~~~~~~~~--~~~~!
(b) In the event of the Tenant committing any breach of any
covenant contained in this Lease whether for the payment of rent or
otherwise whatsoever or Of the Tenant applying to the Landlord for an
consent or licence required by the Tenant then if the Landlord shall
incur any costs charges and expenses including Solicitors• costs and
surveyors • charges to indemnify the Landlord in respect thereof ~~
(11) (a) Not to use or permit or suffer the demised premises to be
used for any illegal or immoral purpose or for betting gaming or
wagering or for any offensive trade or business or for the sale of
alcohol and not to use or permit. or suffer to be used the demised
premises or any part thereof otherwise than as to the ground floor
for the Tenants business of a Bank and as to the upper part as
offices (except with the previous written consent of the Landlord
such consent not to be unreasonably withheld) such business to be
conducted in a proper and orderly manner and in accordance with all
statutory requirements applicable thereto and not to reside or sleep
on the demised premises or any part thereof or permit or suffer any
person to reside or sleep thereon
(b) To ensure at all times during the said term that tbe
demised premises shall be open for business at all times during
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normal banking or shopping hours for the locality (public and bank
holidays excepted )------------------ --- -----11
(12) (a) Not to do or permit or suffer anything in or upon the
demised premises or any part thereof which may be or become a
nuisance annoyance or cause damage or inconvenience to the Landlord
or the Tenants of the Landlord or the tenants or occupiers of other
property in ~he neighbourhood or which may render the Landlord or the·
Tenant liable to any notice under any PUblic Health Act for the time
being in force or for any purpose or in any way which would constitute
a breach of any of the provisions of any private or public Act or
Acts of Parliament for the time being in force or any regulations
or bye-laws made thereunder or by any competent public or local
authority whether affecting the Landlord or any of its present or
future proper ty (including the aemised premises) or which may be in
any way calculated to injure any such property or do or suffer any
other thing which may render any increased or extra premium payable
for the insurance of any present or future buildings of the Landlord
adjoining or near to the demised premises against loss or damage by
fire or which may ma~e void or voidable any policy for such insurance ...... ~
or for any insurance of the demised premises and if at any time
during the said term anything shall be done upon the demised premises
which shall cause the premium to be charged by any insurance office
to exceed the average current rate for the time being in force to
give notice thereof unto the Landlord and also to pay the extra
premium so to be cha~ged as aforesaid for the insurance of such
present or future buildings of the Landlord adjoining or ~ear to
the demi~ed pr emises as aforesaid --·-- ---- - ---- ------11
(b) Withi n seven days after the service upon the Tenant of
any notice proposal or requirement or order made or served under
any statute or- statutory regulation or any statutory modification
.or re- enactment thereof and any regulation made thereunder forthwith
to supply a true copy thereof to the Landlord and to join with the
Landlord (if the Landlord deems it necessary) in raising any
objections to the same and taking such action as may be deemed
appropriate ----·~----------------------------' (122_. Not to affix or exhibit or to permit or suffer to be aff1Jte4
or exhibited to or upon the external walls windows or other external
parts of the demised premises any name flag placard sign poster
signboard nameplate sunblind (for advertising pu.rposes ohly) or
i bank
;he
mdlora
· other
.he time
onstitute
t or
ions
al
t or
· be in
r any
ayable
and lord
;i.ge by ·-
isurance ••If >remises ,
>ffice
I to
b
to
.on
;hwith
the
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~===#=======================================ii====:=;~
advertisement whatsoever without the pri or consent in writing of the
Landlord PROVIDED however that so long only as the Tenant (here
meaning National Westminster Bank Limited and not any permitted
assignee) shall remain in occupation of the demised premises the
Tenant shall without further authority be permi tted (so far as the
statutory ·provisions and regulations and local bye-laws and
regulations allow) to display on the windows of the demised premises
the wortling ordinaril y displayed by the Tenant in respect of its
banking business and to affix on the outer wal l of the demised premise
a bracket or hanging sign projecting into Crown Lane in the form
usually displayeJ by the Tenant and also to affix to the outside of
the demised premises a fascia board inscribed with the name of the
Tenant on le ttering appli ed direct to the ~ascia
(14) Not to hans place deposit or expose outside the shop porticns
of the demised premises any goods articles or thi~gs for sale or
otherwise and not to hold or permit to be held any sale by auction on
the demised premises
(15) To keep the demised premises (including the plate glass windows)
insured at all times during the said term in the joint names of the
Landlord and the Tenant aga inst any loss or damage by fire in the full
value thereof and against such other risks normally covered by a
Comprehensive Policy as the Landlord~ thini3necessary (incl uding
Architects and surveyors fees and t wo years loss of r ent) and to make
all payments necessary for the above purposes within seven days
after the same shall become due and to produce to the Landlordt or
its agent on demand the Policy of such insurance or a full and
sufficient extract therefrom or certificate thereof and will apply
all moneys received by virtue of any such insurance in rebuilding
and reinstating the premises to the satisfaction of the Landlord•
surveyors but the Tenant shall nevertheless remain liable under the
general covenant to repair hereinbefore contai ned to make good any
damage which the money received by virtue of any such insurance shall
be inadequate to repair and/or reinstate PROVIDED ALWAYS that if
t he Tenant shall at any time fail t o keep the demised premises insured
as aforesaid the Landlord may do all things necessary to effect or
maintain such insurance and any moneys expended by it fo r that purpose
shall be repayable by the Tenant on demand and be recoverable forth-
(16) In relation to t he Town and country Planni ng Act s 1962 to 1971
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1 I I
i I
and any existing or future Act or enactment modifying or re- enacting
or for similar purposes to those Acts and any rules regulations
orders and directions made or given thereunder all of which are
hereinafter referred to collectively as "the Planning Acts" (an
application for permission consent or approval under such Acts being
hereinafter referred to as a "planning application" and "development"
having the meaning assigned thereto in section 12 of the Town and
Country Planning Act 1962 or that meaning as it may be amended o~
re- enacted from time to time or any meaning from time to time substi";u
for that meaning):
(a) At all times during the subsistence of this tenancy to
comply with all requirements of or having validity under the
planning Acts and forthwith upon the receipt of any Notice or
Order or any proposal for the same from a Planning Authority
or Statutory Authority to give full particul ars thereof to
the Landlord and if required to produce such Notice Order or
proposal to the Landlord and at the request and cost of the
Landlord to make or join with the Landlord in making such
objections or representations against or in respect of any
Notice Order or proposal that the Landlord shall deem expedient
(b) Not witbout the previous written consent of the Landlord
to make any pl anning application for development or carry out
or cause to be carried out any development on the demised
premises
(c) Except in so far as the Tenant cannot lawtully contract to
do so to pay tile whole amount of any levy charge or imposition
assessed or imposed in respect of any development of the demised ·
premises or any permission consent or approval for such develop
ment the payment to be so made as to ensure that no part thereof
shall become or remain longer than is avoidable recoverable from
any person other than the Tenant or charged or chargeable upon
any interest in the demised premises other than that of the
Tenant
(d) Not without the consent in writing of
any step which would involve any person or interest in liabilit
to any levy charge or imposition as mentioned in sub-clause (c)
hereof
(e) If called upon in writing by the Landlord to do so £orth
with to complete any development in respect of which a liability
icting
3
being
ipment"
ind
or
;ubsti tut
to
the
:e or
'ity
;o
•or
y
edient
lord
out
lCt to
.tion
emised
velop
hereof
e from
upon
9
1:ake
lili ty
I (c)
·th
ility
to levy charge or imposition as specified in sub-cluase (c)
hereof has fallen or may fall to be borne by any person other
than the ~enant or has or may become charged or chargeable on
any interest other than that of the Tenant
(f) Unless the Landlord otherwise directs in writing to carry
out before the end of the tenancy hereby granted (disregarding
any statutory continuation thereof) any works required to be
carried out to the demised premises on or by a date subsequent
thereto by reason of any l imitation or condition imposed by a
planning :permission consent or approval i .mplemented by or by
a person deriving title through or under or acting on behalf
of the Tenant or if the work cannot lawfully be done before the
end of the tenancy as aforesaid to pay to the Landlord t he
estimated cost of carrying it out provided that if application
to court bas been made for a new tenancy under Part II of the
Landlord and Tenant Act .1954 this sub-c lause shall apply to
the date on which the tenancy as continued under the Act comes
to an end~~~~~~~~~~~~~~~~~~~~--~~~~
(g) To produce to the Landlord or its agent when required in
writing tc do so all such drawings documents and other evidence
that the frovisions of this covenant have been complied with as
either of them may require ·-
(17) (i) To execute all such works relating to the demised premises
as are or may under or in pursuance of the Office. Shops and
Railway Premises Act 1963 the Shops Acts the Factories Acts or
any other Act or Acts of Parliament already or hereafter to be
passed or under any bye-law regulation or order of any
competent authority be directed to be done or required by
any County Council or other local or public or TOwn Planning
Authority to be executed at any time during the said term upon
or in respect of the demised premises whether by the Landlord
or Tenant thereof or at the option of the Landlord to pay a
fair 9roportion (to be conclusively determined in the event of
dispute by the Landlord 's Surveyor) of the cost of execu~ing
all such works aa aforesaid to any building or part of any
building of which the demised premises form part
(2:il_At all times hereafter to indemnify the Landlord from and
against all actions proceedings coats losses expenses claims
and deman6s arising out of any failure by the Tenant to observe
or perform any of its obligations under these presents in
relation to the Planning Acts and non-compliance with all
matters r eferr ed to in sub-clause (i) hereof ~~~~~~---~11
(18) To permit the Landlord during the six months immediately
preceding the determination of the term hereby granted (however
determined) to affix and retain without interference upon any part
of the demised premises above the ground floor fascia but not so as
to obscure any windows of the demised premises a notice for reletting,-'llll .. ,
the same and during the said six months and at any time during the
said term in the event of the Landlord wishing to sell or otherwise
deal with its reversion to permit persons with written authority
from the Landlord or its agents at reasonable times of the day to
view the demised premises by p~ior appointment
(19) To permit the Landlord or its surveyors or Agents at any
reasonable time or times during the last six months of the said
term to enter the demised premises or any part thereof during
reasonable hours in the daytime by prior appointment and to take
schedules or inventories of the fixtures and things to be yielded
up at the expiration of sooner determination of the said term ~~~~
(20) To yield up the demised premises with all Landlord's fixtures
and ad<li t ions thereto and the pipes and water and sanitary apparatus
thereof at the determination of the term hereby granted in good
and substantial and decorative repair and condition in accordance
with the covenants hereinbefore contained ~--~--~--~~~--11
(21) Not to give any bill of sale or other preferential security on
the stock-in-trade or personal chattels of the Tenant which shall
for the time being be on or about the demised premises except as
part of a charge by the Tenant (here meaning National Westminster
Bank Limited) generally
(22) To pay the Landlord's Solicitors ' scale costs and
disbursements in connection with the preparation and completion
of this Lease and a Counterpart thereof and the stamping of such
counterpart ·- -·-· .. ·------ ·- - ·-· ·---··---(2~) To indemnify and keep indemnified the.Landl ord from liability
in respect of any injury to or the death of any person damage to
any property movable or immovable the infringement disturbance or
destruction of any right easement or privilege or otherwise by
reason of or arising directly or indirectly out of the repair state
0f repair condition or any alteration to or to the user hereinbefore
in
ill
Ly
rer
r part
so as
•ity
1y to
lded
Jaratus
•d
nee
ity on
ill
18
:er
.ity
r
a t e
fore
I
permitted of the demised premises and from all proceedings costs
claims and demands of whatsoever nature in respect of any such
~iability or alleged liability
(24) To be resp,nsible for and to indemnify the Landlord against all
damage occasioned to the demised premises or any adjacent or neigh
bouring premises or to any person caused by any act default or neglige e
of the Tenant or the servants agents licensees or invitees of the
(25) so far as the same are still subsisting and e.ffect the demised
premises and are capabl e of being enforced to observe t he stipulat ions
and restrictions contained in a Conveyance dated 'the Twenty first day
of December One thousand nine hundred and twenty five and made between
The Housing & Land Development Corporation Limited (Vendors) of the
one part and Bertie Gr~am Evans (Purchaser) of the other part a copy
of the said stipulat ions and restrictions is set out in the second
Schedule hereto
(26) Not wi'thout tl.J.tt Landlord ' s previoue consent in writing (which
shall not be unreasonaly withheld) to erect fix or fasten or permit
to be erected fixed or fastened in upon or over the outside of t be
demised premises any post wire work or apparatus for the purpose of
telegraphic (including wireless telegraphy) or telephonic communicatio
(other than a FOst Office Telephone for the use of the Tenant or the
supply of electric light or electric power) nor without the like
consent to erect place or set up or permit to be erected placed or
set up on any part of t he demised pr emises any steam engine gas
engine or electrical engi ne or machinery of any kind o t her t ha.n usual
office machinery
~3-·_-tt--___ T_H_E_ Landlord HEREBY COVENANTS with the Tenant t hat the
4 .
Tenant paying tte rent hereby reserved and performing and observing
the several covenants on i-t• part herein contained shall peaceably
hold and enjoy t he demised premises during t he said term without any
interruption by the Landlord or any person rightfully claiming under
or in trust for the Landlord
PROVIDED ~LWAYS AND IT IS HEREBY AGREED that if the rent
hereby reserved or any part thereof shall at any time be unpaid for
fourteen days aft er becoming payable (whether formally demanded or not
or if any covenant on t he Tenant's part herein cont ained shall no~ be
performed or observed or if the Tenant (being a Company) shall en~er
into liquidation whether compulsory or voluntary (save for the purpose
5.
or if the Tenant shall change its s tatus from limited to unlimited
or vice versa or if the Tenant shall make any composition or enter
into any arrangement with its creditors or permit any execution to
be levied on the demised premises or if the Tenant (not being a
Company) shall become bankrupt then and in any of the said cases
it shall be lawful tor the Landlord at any time thereafter to
re-enter upon the demised premises or any part thereof in the name
of the whole and thereupon this dem.ise shall absolutely determine
but without prejudice to any right of action of the Landlord in
respect of any breach of the Tenant's covenants herein contained
1 PROVIDED ALWAYS AND IT IS HEREBY FURTHER AGREED that the rent
bereinbefore reserved from and after the expirati on of the following
periods (a) The first nine years of the term hereby granted and
(b) every subsequent period of seven years of the said term (the
date of the expiration of each of such periods being hereinafter
referred to as a "review date") shall be calculated as follows :-
(i) From and after the first review date the said rent of
Two thousand two huncred and fifty pounds shall be increased to the
open market rack rent at the first review date of the demised premises )
(ii) From and after each subsequent review date the rent then
payable her eunder sh~ll be increased to the open market rack rent of
the demised premises at that subsequent review date PROVIDED ALWAYS
"""''°' that (1) in no event shall the Arent payable by the Tenant after the
first review date be less t han Two thousand two hundred and fifty
pounds or after any subsequent review date be less than the rent
payable by the Tenant immediately before such date and (2) if upon
any review date the Landlord shall be obliged legally or otherwise
to comply with any enactment (which expression shall include any
Act of parliament now or be:aafter in force and any instrument
regulation or order made thereunder or deriving validity therefrom)
dealing with the control of rent and which shall restrict or modify
the Landlord ' s right to receive an increased rent in accordance wi th
the terms of these presents then the Landlord shall on each occasion
that any such enactment is removed relaxed or modified be entitled
on giving not less t han seven days notice in writing to the Tenant
expiring after the date of each such removal relaxation or modificatio
to introduce an intermediate review date (hereinafter called an
"intermediate review date") which shall be the date of expiration
of such no tice and the rent payable hereunder from an intermediate
mited
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e rent
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review date to the next review date or the expiration of the said
term whichever shall first occur shall be determined in like manner
as if such intermediate review date were a review date
(iii) A memorandum of the rent payable hereunder from time to
time shall be endorsed hereon forthwith after the same has been
agreed or determined in accordance with the provisions hereof~~~-11
~he said open market rack rent shall be the amount which
shall be agreed between the Landlord and the Tenant to be the best
annual rent for the time being obtainable as between a willing
Landlord and a willing tenant in respect of the demised premises on
a letting thereof as a whole with 'f&Cant possession but upon the
supposition (if not a fact) that the Tenant has complied with all
the obligations as to repair and decoration and for compliance with
statutory requireme.nts herein imposed on the Tenant (but without
prejudice to any rights or remedies of the Landlord in regard
thereto) for a t erm of seven years AND SUBJECT to similar
covenHnts and conditions ~o those contained in thie Leaee but
ignoring any goodwill value attaching to the Tenant's business
(3) In the event of the Landlord and the Tenant failing to agree
the open market rack rent as aforesaid within three months before
the commencement of any period of years for which for the purposes
of this clause it is required to be ascertained then the question
shall as soon as practicable and at the joint expense of the parties
be referred to the decision of a Surveyor practising in or having
knowledge of rental values in the area in which the demised premises
are situate to be mutually agreed by the Landlord and the Tenant
or in default of agreement to be nominated by the President for the
time being of The Royal Institution of Chartered Surveyo~and such
Surveyor whether agreed or nominated as aforesaid shall act as an
expert and not as an Arbitrator and his decision shall be binding
on both the Landlord and the Tenant and a memorandum of the said
open market rack rent shall be endorsed hereon forthwith after the
same bas been determined pursuant to this clause~~~~~~~~~~-11
(4) In the event of the decision of such independent surveyor not
having been published prior to such commencement as aforesaid for
any reason whatever then in respect of the period of time (herein
after called "the said interval") beginning with such commencement
and ending on the quarter day immediately following the date on which
such determination shall have been published the Tenant shall pay
to the Landlord in manner hereinbefore provided rent at the yearly
rate payable immediately before such commencement PROVIDED that
at the expirat ion of the said interval there shall be due as a
debt payable by the Tenant to the Landlord on demand a sum of money
equal to t he amount whereby the yearly rent determined by such
independent Surveyor shall exceed the yearly rent at the yearly
rate aforesaid but duly apportioned on a daily basis in respect
of the said interval
6""""'". -tt----~N~O~T~H=I~N=G in this Lease contained s hall imply or warrant that
the demised premises may in accordance with all Town Planning Laws
and Regulations now or from time to time in force be used for the
purpose herein authorised
7. \JIIEREVER in this Lease t here is a covenant by the Tenant to ---#---------pay expend i ture expenses outgoings charges coets or any like
expression incurred by the Landlord all such expressions shall include !
all value added tax incurred by the Landlor4-J,n connection with
the subject matter of the covenant and this Lease shall be construed
accordingly
_8_._ -f+-____ TH __ I_S_ Deed shall incorporate the provisions as to notices
contained in section 196 of the Law of Property Act 1925
THE receipt of rent on the part of the Land lord shall not be _ __,H------a n d shall not be deemed to be a waiver of any of the covenants
provisions or conditions herein eontained and on the part of the
Tenant to be observed and performed
1 ~.~· -1+----=I~N- this Lease where the context so admits :-
(a) Words importing the neuter gender include the masculine and
feminine genders
(b) Words importing the singular number only inclUde the plural
number and vice versa and where t here are two or more persons
included in the expression "the Tenant" covenants expressed to
be made by t he Tenant shall be deemed to be made by such persons
jointly and severally
(c) Such of the division walls as divide the demised premises from
adjoining premises shall be deemed to be party walls or fences
and to belong in equal moieties (considered as divided
vertically down the middle throughout the whole length) to
the property on either side thereof
IN WITNESS whereof the Landlord and the Tenant have caused
1
I !
. pay
·early
:hat
a
money
h
ly
~t
;hat
Laws
the
to
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h
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ns
to
rsons
'.'Om
:~s
their respective common seals to be hereunto affixed the day and
year first above written
THE FIRST SCHEDULE before referred to
ALL THAT piece of land situate in the London Borough of Merton
on the North sice of a road there called crown Lane and having a
frontage thereto of Nineteen feet nine inches or thereabouts and a
depth therefrom on the Easterly side of One hundred and five feet
or thereabouts The south west corner of the said piece of land
being approximately one hundred and thirty seven feet from the centre
line of the road there called Windermere Avenue All which piece of
land with its dimensions (be the same little more or less) boundaries
and abuttals is more particularly delineated on the plan annexed
hereto and thereon coloured pink TOGETHER with the Building erected
upon the said piece of land known as ?IUlllber 4 Crown Lane Mord en
TOGETHER with the free passage and running of water and soil through
the channels sewers or drains now constructed and hereafter to be
constructed under the adjoining land into the main sewer TOGE1'HER
..AI§Q_ with the right at all times and for all purposes to go pass
and repass over and along the passageway coloured brown on the said ;,-·
plan to tbe road known as Windermere Avenue EXCEPT AND RESERVED
unto the Landlord and its Lessees and the adjoining owners the free
passage and running of water and soil gas and electricity coming or
to come from or to any other lands or buildings of the Landlord a~d
the adjoining owners in or through the channels drains sewers water
courses pipes and wires belonging to or in on or under the said
premises or to be made thereto and ALSO EXCEPT AND RESERVING unto
the Landlord its lessees and assigns full right and liberty at all
times to build upon and develop all or any part of their remaining
lands or the buildings thereon in such manner (notwithstanding that
by building or otherwise they may interfere with any access of light
or air to the demised premises) as they may think fit
THE SECOND SCHEDULE above re..ferred to
Stipulations and Restrictions contained in Conveyance dated the Twenty first day of December One thousand nine hundred andtwent~ .(ive made bet'Neen he Rou_sing _& Land Development Corporation_ Limited then vendors of the one art and Bertie Graham Evans tllen Pure aser o t e o er
_1_·~~N_o building or other erection on the said land or any part
thereof shall be used for the carrying on of any noisy noxious or
offensive trade manufacture or business and except by the consent
of the vendors no hoarding or advertisement stations shall be
erected or placed on the said land or any part thereof No act deed
matter or thing shall be done permitted or suffered on the Land
or any part thereof which shall be of a noisy noxious or offensive
character No hut or shed adapted or intended for use as a
dwelling or sleeping apartment caravan house on wheels or other
like erection shall be placed or allowed to remain on the said land
2 . Before the erection of any buildings on the said land or any
part thereof plans and elevations thereof in duplicate shall be
submitted to and approved by the vendors ' Surveyors who will
retain the duplicate copy thereof and whose fee for such approval
(which shall not be unreasonably withheld) shall not exceed One
pound five pence for each building
.2.• The Purchaser shall duly erect and at all ~imes thereafter
maintain proper and suitable boundary fences or hedges to the said
land on the Side marked "T" on the said plan such fences or hedges
to be of a nature and design to be previously approved by the
vendors• surve7ors As and when a house or other building shall be
erected on any building plot the Purchaser shall erect and at all
times thereafter maintain the approved boundary fences or hedges
to such plot
4 . until the roads bounding the property are taken over by the
Local Authority the purchaser shall pay to the Vendors a proper
proportion according to his frontage (to be calculated by the
vendors• surveyors) of the expense or making repairing maintaining
and cleansing such roads the pavements thereto and the sewers and
drains thereunder
5. No gravel sand stone or other material of any description
shall at any time-be excavated or dug out of the land except for
the purpose of laying the foundations of a house or houses or
outbuildings to be erected thereon or for use in erecting such
buildings or the gardens or grounds thereof
6. The Vendors reserve all rights of light air and other ,_t. easements and also the right of selling all or any ~of their
remaining estate free from these stipulations and subject to
such stipul.ations and restric1.1ona (1.C any) as they may
> or
;ent
: deed
td
sive
r
aoy
e
val
9
;aid
:ges
be
11
s
e
nk fit
N SEAL of hl.Pl:O.R.D ) I ~ was her e- (
'xed io the presence )
WL-Director
~-~~-I !
I I I I
!
MEMORANDUM OF RENT REVIEW
Relating to
4 Crown Lane , Morden , Surrey
Pu.rsuant to a Lease dated 22nCl November 1973 and 1'\ade between . PLC
LYDFORD ESTATES LIMITED and NATIONAL WESTMINSTE-R BANK LHH'PED
WE LYDFORD ESTATES LIMITED OF Warren Court, Euston Road, PLC
London, NWl and NATIONAL WESTMINSTER BANK LIHIIP:SB OF 41
Lothbury, London , EC2 desire to necord that in accordance
with the rent review provisions contained in clause 5 ·Of
the above men~ioned Lease the rent for the seven years
conunencing on 25th March 1982 has been fixed at ELEVEN THOUSAND
POtmDS per annum in lieu of two thousand two hun~~ed a~d fifty
pounds per annum and that this Memorandum shall constitute
sufficient evidence thereof notwithstanding the provisions in
the Lease for it to be endorsed thereon .
I
Date . ..•.....•. . ...••.. . .•
Signed for and pn behalf of
LYDFORD ESTATES .LIMITED
.............. ..... .........
':. ... •••• .1.· ·.,
. :::: ....
\ \
\
MEMORANDUM OF RENT REVIEW
Relating to 4 Crown Lane Morden
PURSUANT to a Lease dated 22nd November 1973 made between L YDFORD
EST A TES LIMITED of the one part and NATIONAL WESTMINSTER BANK
LIMITED of the other part ("the Lease").
WE L YDFORD ESTATES LIMITED whose registered office is at Warren Court,
Euston Road, London, NW l 3AB the present Lessors of the Lease and
NATIONAL WESTMINSTER BANK PLC whose registered office is at 41
~ Lothbury London EC:zt,._the present Lessee of the Lease desire to record that
in accordance with the rent review provisions contained in Clause 5 of the
Lease the rent payable for seven years from the 25th March 1989 has been
agreed at TWENTY-TWO THOUSAND FIVE HUNDRED POUNDS (L22,500) per
annum in lieu of Eleven Thousand pounds per annum subject to further review
as provided in the Lease and that this Memorandum shall be sufficient
evidence thereof notwithstanding the requirement in the Lease for a
Memorandum to be endorsed thereon.
South Region Prem-. RECEIVED ("~J~9
Dealt '" ~ With by ·············· ··········
o. ,., .. !.G./t.t!.(r!.8.?. ........... .
Signed for and on behalf of L YDFORD EST A TES LIMITED
Director