The Existing Sycamores Lease

The Lease (otherwise known as the Header Lease) governing the Sycamores estate was drawn up on October 31, 1985 between CM Yuill (the then developer of the estate and Landowner) and each potential property owners which came after.  In 1989 the Sycamores Residents Association Ltd  was incorporated as a company limited by guarantee, the existing Lease was retained by the new company.  Over the years there has been a small number of amendments made to the Header Lease, it would appear that the most current being when the Warden's Apartment was sold that event is a whole other matter which may be covered in a future article should the full details come to light.

Anyone who has studied the Lease will understand that it lays out the rules and regulations which goven the Scheme (the estate itself) with regard to the responsibilities of not only the residents, but the company The Sycamores Residents Association Ltd, these are also laid out in the companies Memorandum of Association. Over the years permissions have been sought by some residents from the sitting committee at the time and have been refused because 'the Lease didn't allow it'.  Some of the main restrictions on the residents have been,

  • 1) not to attach anything to the exterior walls of their premises,

  • 2) not to make a noise between the hours of 12 midnight and 7am,

  • 3) not to affix advertisements, nameplates or signs on any part of the buildings,

  • 4) not to plant or place anything on 'common land'

and yet you only have to look around the estate and see that these have been breached and nothing has been said or done about it, when this was queries with the previous managing agent he stated that this was necessary to move with the times.

The most serious and troubling breach of the Lease is by the current committee which brings into question the suitability and trustworthiness of the company director, the company secretary and the other 2 members of the committee to hold the position of officers of the SRA Ltd and be members of the committee.  They expect the residents to hold to the Lease when they don't to suit their need at the time.  Add to this breach of the Lease, they have also broken the law of the land - these have already been documented elsewhere on the website.

Perhaps it is time to dispense with the Lease itself!

*

The Lease

Numerous questions have been raised by residents regarding the Lease i.e. could it be changed, can indivudal leases be extended, the committee's interpertation of the wording of the lease in relation to a particular clause etc, so in an attempt to address some of these concerns it is hoped that the following may prove useful.

The Lease (Header Lease): 

  • This is the original lease documentation which laid out all the conditions etc, it was adopted by the SRA when it was incorporated in 1989.   Any changes to this original lease would then filter down and apply to the individual leases.  Historically some changes have been made to this Header Lease, for instance when a clause no longer applied as in the case of Clause 7 of the Covenants by the Lessee which refers to a warden on the estate, this clause was deleted.   There may have been other instances however access to such information is not easily available.  The full lease document can be viewed here.

  • The Lease refers to the space within the four walls of a residents property and everything outside is governed by the terms of the header lease.  

  • Questions were asked at the 2016 AGM regarding the Lease, changes, etc, read more here.

Interpretation of clauses within the header lease: 

  • This should be straightforward however that isn't always the case as some of the actual wording in these clauses are not that clear or transparent and could be misinterpreted.

  • The basic responsibilities of the Sycamores Residence Association can be found here, the property owners responsibilities can be found here but please note these are only some aspects of the lease which has been confirmed by the Committee and Managing Agent, existing owners and prospective owners are advised to seek a full explanation and clarification from their solicitors.

Back to the top of page

 

February 17, 2020

Copyright  L Sherwood,  All Rights Reserved, 2017-2020