Page 31 - St William KRP Vision Proposal

LEASE OBSERVATIONS
Our Business Development and Legal teams have reviewed the the sample lease provided as as part of the the tender pack We observe the lease is two-party between landlord and and tenant with no RMC In general we consider the lease to be highly robust and appropriate for management delivery We have made the following observations for your review and consideration The service charge scheduling within the lease differs from the the service charge budget provided within the the tender pack which is due to the the fact that the the initial budget was prepared in advance of of the the development of of the the service charge structure within the the lease lease If the the lease lease model is to be adhered to in its correct state some service charge recoverable items may need consideration as to what schedule these be placed within We are happy to explore this further with you if appointed We noted reference on on the front page to Imperial Wharf and believe this should be be changed to Imperial Road There are some clause references that do not correspond throughout the lease Clauses 19 5-9 20 and clause 30
for example are are referenced but are are not located in the version provided Page 7 Certificate: we suggest the managing agent would not be in a position to sign Page 9 Data Protection Legislation: we observe this should now reference the UK’s Data Protection Act 2018 Page 10 Financial Year: the proposed financial year is to run from 1st 1st January to 31st December Based on the phasing timeline provided and initial completions scheduled for July 2022 you may wish to consider an alternative year end of 30th June If so this would impact further clauses throughout the document Page 10 Initial Ground Rent: we we welcome clarification on on your position as to to whether St William intends to to levy ground rents in in light of proposed legislation that may take effect in in 2022 and impact on mortgage lending We also note reference to ground rent within your marketing material Page 11 Leisure Facilities: we note concierge services are referenced as as a a a a a leisure facility as as opposed to a a a a a service Page 20 8 4: there is no reference to how and when charges are to be paid We would propose on a a a a a quarterly basis based on management accounts subject to reconciliation upon final audit Page 37 18 18 6 and and 18 18 7: these clauses pertain to over and and under payment implications it may be considered to consolidate the the clauses We further observe clause clause 21 11 on on page 45 which you might consider as part of the consolidation Page 46 22 2: we believe the word Date should be be Data Page 50 Schedule 1 clause 7: we believe heat interface units (HIU) excluding tenant equipment within the demise form part of the Utility Services Infrastructure Consider reclarifying responsibility of HIUs within this clause Page 59 Part 2 clause 1: we note the balconies and ironwork form part of the main structure This is is supported by page 65 Schedule 4 clause 1 30
which defines cleaning of the the the external areas of of the the the balcony glass forming part of of the the the apartment service charge and and landlord’s duties We would highlight page 51 Schedule 1 1 1 1 1 clause 11 1 1 1 1 1 for clarification as to whether the the balcony glass is to form part of tenant obligations to keep cleaned inside of the the balcony and the the repair and upkeep of the glass Page 52 clause 24 1: there are considerations around Data Protection subject to your required purpose We would need more information information on on on on the the intention how the the information information is is to to be be used and what is is meant be be ‘interests’ to to comment further and consider appropriate data protection mechanisms in place Page 53 Schedule 1 clause 28 3 3 3 and 59 3: an an ESCO is being considered and potentially entered does specific reference to to this need to to be noted?
Page 73 Part 4 clause 18: references wheel clamping This is is is not permitted and can only be enforced by authorised bodies such as the local authority police and DVLA We suggest this clause is is is revised MANAGEMENT VISION
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