Appendix

Main Lease Conditions

This document consists of extracts from the lease describing some of the main responsibilities of residents and owners. In case of doubt, please refer to your full lease.

Extensions approved by the Board to the conditions in the lease are shown (see various Additional Regulations below). They reflect how society has developed over three decades together with the benefit of resident and director experience. Reference is made to the lease conditions giving Directors specific authority to make extensions. There is also a lease condition giving a general authority to introduce, amend and withdraw regulations, providing they do not conflict with the lease.

AS AN OWNER (Lessee), on purchasing your Flat, your attention should have been drawn to the covenants in the Lease and the Regulations contained in The First Schedule.

AS A TENANT, on signing your Tenancy Agreement, your attention should have been drawn to the First Schedule and other relevant covenants of the lease.

The term "the Flat" includes the garage, or allocated car parking space.

The First Schedule

Regulation as to the user of the Flats

The Flat shall be used and occupied as a private dwelling house only for the sole occupation of the Lessee and his family.

That neither the Flat nor any part thereof shall be used for business purposes.

Not to do or permit to be done in the Flat any act or thing to the damage or annoyance of the Lessor or the tenants of the Lessor of the occupiers of any part of the Development or the neighbourhood or any illegal or immoral act.

That no musical instrument except a piano radio television set or gramophone shall be kept in the Flat and that the same shall not be used nor shall any singing take place in the Flat except between the hours of 7 a.m. and 12 p.m.

That no electrical device shall be used in the Flat without an effective suppressor fitted thereto.

That no live animals shall be kept in the Flat other than two domestic pets which shall be restrained from causing nuisance or annoyance to any other Lessee or occupier of any part of the Development.

That no mat carpet or cloth shall be beaten or shaken outside the Flat nor shall any chattel be deposited or placed in the common stairways or landings.

That children shall not be permitted by the Lessee to play in or obstruct the user of the entrance halls passages and staircases in the Development.

That no advertisements nor notice of any description shall be placed in the windows or on the outside walls or external doors of the Flat.

That no flower pots or other things shall be placed outside the windows of the Flat so as to be in such a position as they may be likely to fall and thereby endanger adjoining occupiers.

That no vehicle container or chattel under the control of the Lessee shall be parked on any road or land comprising the development so as to obstruct or inconvenience access to and from the Development or any Flat or part thereof.

Additional regulations: Family occupation and prohibited business use, Directors authority from First Schedule #1

Short term lettings (less than 6 months) via AirBnB or any other way are strictly prohibited.
If you employ an agent to rent the property on your behalf, please give them an explicit instruction to refuse rental other than to one family unit and draw their attention to the prohibition on business use.
The prohibition on business use is relaxed for employees forced to work at home away from their normal office to avoid pandemic or other similar risks and who regularly access their employer's information technology system over the Internet.

Additional regulations: Directors authority from First Schedule #3 (illegal act and avoiding annoyance)

The Estate has a Zero Tolerance Drug Policy.
The Estate has a No Smoking and No Vaping policy including everywhere in the grounds.
Barbecues and not permitted anywhere in Rookwood Court.
Residents must not hang or display washing in grounds, windows or balconies.
Children are allowed to play in the grounds. Those under 10 years must be supervised by a responsible adult at all times.
For safety reasons children of any age must not use any prop to slide down steep slopes (no sledges, trays, trikes, boards etc).
Children must not play in bin stores.
Older children must go elsewhere to enjoy more rigorous games.
To protect pedestrians, particularly children, the estate has a speed limit of 10 MPH.

Additional regulations: Avoidance of nuisance from pets, Directors authority from First Schedule #6

Dogs must always be kept on a lead with litter picked up and disposed of.
We experience difficulty with dogs barking, often when the owner is out. You must make arrangements so pets do not disturb other residents.
Visitors should not bring dogs unless staying overnight. Exercise with friends and their dogs must be away from the estate.

The Third Schedule

(2) The right for the Lessee (in common with the Lessor and all others authorised by the Lessor or entitled to the like right) at all times and for all purposes incidental to the occupation and enjoyment of the Flat;

(a) To pass with or without vehicles laden or unladen over the drives and forecourts forming part of the curtilage of the Development (subject to the provisions of paragraph 11 of the First Schedule)

(6) The right for the Lessee to park not more than one private motor car in the common parking areas shown hatched black on the said plan No 2 subject to availability and to such regulations as the Lessor may make from time to time

Additional Parking regulations: Directors authority from Third Schedule (6) (such regulations as the Lessor may make)

Parking is permitted only in designated areas shown on the Approved Parking Plan.
Residents and their visitors may park close to the flat entrance including 'Keep Clear' areas for up to 20 minutes while actively loading and unloading but otherwise do not obstruct entrances or steps.
Because of inevitable over demand, whenever possible please use garages for parking, not solely for storage.
Resident parking is strictly limited by the lease to one private motor car. Residents must not park trade vehicles, caravans, camper vans, motor homes, trailers or any large vehicle at Rookwood Court.
Resident vehicles must be in regular use, taxed, insured and roadworthy. Long term parking of infrequently used vehicles is not allowed.
Bona-fide trade vehicles are allowed from 08:30 to 17:00 providing the driver is actively working in the Estate.
Residents are required to display a Residents Parking Permit of the current issue.
All visitors staying for more than 2 hours must display a Visitors Parking Permit of the current issue.

Lease Covenants

Attention is also drawn to the following specific lessee covenants, numbering as in the Head Lease.

Section 3. The Lessee covenants with the Lessor as follows:

3 (11) Not to do or permit to be done anything which might hinder or prevent free access of others over the drives and paths forming part of the curtilage of the Development or over the entrance halls staircases or passages of the same nor to park or allow the parking of any motor vehicle boat or caravan or container or chattel on any part of the curtilage of the Development except in accordance with the rights granted by paragraph (6) of the Third Schedule.

3 (12) Not to erect or cause or permit to be erected upon the exterior of the Flat or upon any exterior part of the development any wireless television or other aerial or other apparatus for receiving wireless telegraphic or other signals and not to cause or permit any such aerial or apparatus wholly or in part to project from the interior of the Flat.

3 (14) Not to stop up, darken or obstruct any windows …

Section 4. The Lessee covenants with the Lessor and with each Lessee of a Flat in the Development

4 (1) (a) The Lessee will not paint or otherwise interfere with the outside surface of the front door or any back door of the Flat or of the windows or the railings or any balcony.

4 (5) Not to alter the internal planning of the height elevation or appearance of the Flat …

4 (9) (a) Not to do or permit or suffer any act matter of thing in or upon the Flat which may cause any increased or extra premium to be payable in respect of any insurance against a risk mentioned in the Sixth Schedule or which may make void or voidable any policy for such insurance and to indemnify the Lessor against any increased or additional premium which by reason of any such act or default of the Lessee his undertenants servants agents or invitees may be required for effecting or keeping up any such insurance.

Note: The Sixth Schedule defines the services provided by the Lessor for the upkeep maintenance and insurance of the Development.

Additional regulations: Arising from 2020 Fire Risk Assessment, Directors authority from Lease Covenants 4 (9) (a) (insurance)

Common areas, including landings, stairs and all cupboards must not be used for personal storage.
Storage Zero Tolerance Policy: Items left in contravention of the above regulation will be removed without warning and may be destroyed.
Fire doors must not be wedged open.
All flats must have a working smoke alarm.
LPG cylinders must not be stored in flats or garages.

Clause 4(10)

4 (10) To keep the whole of the surfaces of all floors covered with foam-backed or other similar type of floor covering to minimise as far as possible the penetration of noise to adjoining flats so as to cause as little inconvenience as possible to the Lessees and occupiers thereof …

4 (12) Not to park any vehicle at any time in any car-parking space or garage apart from either the space or garage granted to the Lessee under this Lease or the spaces referred to in Clause 6 of the Third Schedule. (Please note that these spaces are clearly marked on the estate.)

6 (4) The Lessor may at any time during the term hereby granted in the interests of good estate management impose such regulations of general application regarding the Development of the flats therein as it in its absolute discretion thinks fit in addition to or in place of the Regulations (but so that any such regulations shall not conflict with the Lease) and the Lessor shall have power in its absolute discretion to revoke amend or add such regulations or any additions thereto or substitutions thereof.

Approved Parking Plan

This is background from 2006 to the summary information on the main Replacement Windows page.

Note that 'Company Surveyor' in this section is at present equivalent to 'Managing Agent'.

Background

Replacement of the windows at Rookwood Court was investigated by the Residents Association and the Managing Agent at a meeting with Mariana Beadsworth of Guildford Borough Council in October 2006. This came about as a result of concerns expressed by residents over inadequacies with existing aluminium windows; in particular that they were predisposed to condensation.

The thinking behind this meeting was that:

A Planning Application by the Managing Agent covering all of Rookwood Court would most likely be simpler and less expensive than individual applications.
Also, if agreement could be reached with the Council to permit replacement of the timber sub-frames and anodized aluminium window frames with either PVC or white coated aluminium, there would ultimately be a considerable cost saving, in not having to scaffold the blocks and paint the sub-frames every 5 years. This would result in entirely white frames as it is not possible to combine white coated and anodized aluminium in one frame.

Chairman's Comments

The Chairman's report to the lessees (Residents) of April 2007, highlighted the difficulties raised by that meeting. The Council reliably informed the meeting that Rookwood Court was in a Conservation Area with the need therefore for Conservation Area Consent and that also Planning Approval was likely to be necessary as blocks of flats do not have permitted development rights. Detailed drawings were therefore required to show the existing and proposed window designs.
The expense to the Residents Association would have been considerable and could not be justified given that the windows are the responsibility of lessees not the Company. Lessees would therefore need to make individual/joint applications to the Council.
It was left that individual lessees must also seek and obtain in writing, the approval of the Company Surveyor, for any replacement windows prior to placing any order with their contractor. The decision of the Company Surveyor would be final and binding on the lessee.
Recently Anglian Home Improvements were asked by a lessee to pursue any necessary consent from the Council and arrive at a solution.
It has now been established that Rookwood Court is not in a Conservation Area but planning approval could still be necessary depending on the window design.
Providing any replacement window does not materially alter the external appearance of the building, Planning Consent should not be required, but to achieve this dispensation the Council have confirmed certain guidelines.
- Windows can be totally either white coated aluminium (with no timber but with an aluminium sub frame) or white PVC.
- They must be of sliding double hung sash design where this is currently the case.
- No additions to the design in the way of horns, glazing bars or feature glass will be permitted.
- In the case of sash windows, if the frame sections do not exactly correspond with the present windows then from the brickwork down the side of the window opening the frame of the window, must project between 9cm and 11cm to the edge of the glass, and the middle cross bar must not exceed 5cm in depth. Where casement windows are present, dimensions have yet to be established.
Individual lessees can therefore now discuss replacing the windows with any contractor whose window profiles meet with the Council's Planning Department Guidelines.
Proposals should however still be submitted to the Company Surveyor for Managing Agent consent prior to placing any order.
It is stressed that the provision of replacement windows is not restricted to Anglian or any other company. The Managing Agent's concern is to see that any new windows match the existing as closely as possible in order to preserve the appearance of Rookwood Court. In giving its consent, the Company does not give any assurance nor should it be implied that the windows meet Council approval. You are advised to discuss matters with the Planning Department if you have any concerns (01483 50 50 50)
There is no requirement that either PVC or white coated aluminium must be used when undertaking replacement. Timber sub frames may be retained and new aluminium frames fitted thereto. However this does of course perpetuate the requirement for regular painting and therefore at least removes the probability of longer term cost savings.

Replacement Windows

The Leases state that the maintenance of windows is the responsibility of individual Lessees whilst the decoration of the wooden sub frames is the responsibility of the Company.

The replacement of any windows is subject to the approval of the Company Surveyor and is governed by a covenant in the Lease (4 (5)) which requires the Lessee not to alter the elevation or appearance of the flat. Strictly interpreted this means that any replacements should be in aluminium and conform in size and appearance to existing windows and should fit into the existing sub frames. This requirement has generally been observed.

However, the Directors have considered that a change to white windows would, in the longer term, result in a reduction in maintenance costs by eliminating certain routine painting. They have explored this possibility with the Planning Department of Guildford Borough Council who have ruled that providing replacement windows do not materially alter the external appearance of the building, Planning Consent would not be required. This opinion has been referred to the Company Solicitor and has his agreement.

As a result a concession is now agreed that, in the case of the total replacement of all windows in a single façade of a flat, they may be of totally white finished aluminium or of white PVC but must conform to a specification laid down by the Company Surveyor whose approval, on behalf of the Managing Agent, must be obtained.

"Replacement of individual windows (possibly broken in an accident) must conform exactly in material and style with the original window".

The two top blocks predominantly have tilt action windows incorporating a middle crossbar in order to give the illusion of a sliding sash window when the windows are closed but not so in the open position. However, other than on the top storey there are on the west elevation at each level two sliding sash windows (a bedroom window and a bathroom window) in each flat. Following a request by a lessee to replace these two windows with tilt windows similar to those on the top storey, the Planning Department of Guildford Borough Council confirmed, and we quote:-

"It is my informal opinion that although your proposal incorporates a change in the function of the existing windows serving Rookwood Court, this change does not materially alter the external appearance of the building. Subsequently planning permission will not be required in this instance.

Please note that this is my informal opinion which has been given without prejudice and is not a formal certification of the council. I trust this information is of use to you however, should you have any further queries please do not hesitate to contact me."

The proposed change in design was discussed at the AGM in 2009 and agreed upon but only as far as the two windows identified. Otherwise where windows are replaced the original design must be replicated.

Fire Risk Assessment

The inspection, carried out by M Sharman & Associates in July 2020, is restricted to the commercial parts of the buildings, ie common areas, electricity meter cupboards and storage rooms. Its boundary includes flat front doors. It does not cover the fire safety of flat interiors, which is the responsibility of owners and residents. However the recommendations include general remarks about fire risks in flats.

The inspector reported a number of hazards at Rookwood Court. This page includes the relevant FRA recommendations. Most of the Directors response can be found at Main Lease Conditions.

The full FRA can be obtained on request from the Managing Agent.

Recommendation (2)

It is recommended that as part of general safety management, residents be advised not to store LPG cylinders in garages due to the inherent hazards associated with LPG cylinders

Recommendation (5)

The following is recommended:

Maintain the 'zero tolerance policy' related to housekeeping and storage of items in the communal areas. Occupants (owners and tenants) should be informed of the policy as part of the general safety management on an annual basis and when it is known that tenancy and ownership changes.
It is noted that most flats have garages with pitched roofs, located within blocks. Residents should be encouraged to utilise the garage for storage.
The owners / occupiers of the flats adjacent to the riser cupboard and the ground floor under-stair cupboards (see observations within the relevant section above) be informed that these areas are communal parts (not private unless specified by the dwelling lease) and therefore must remain accessible for inspection and sterile of stored personal items of a combustible nature.
Where necessary, the under stair cupboards containing electrical intake and distribution equipment must be lockable with a key (i.e. restricted access for landlord functions only). These spaces must be sterile.
This recommendation must be read in conjunction with the significant fire risk related to unlocked open riser cupboards, wedged open communal doors to the stairways and lobby areas.

Recommendation (6)

Flat owners should be periodically advised to ensure that:

Dwelling front doors are fitted with working self-closing devices including the original overhead self-closing unit. Units must be correctly adjusted.
Metal letterboxes within the door are fitted with spring-hinged outer metal flaps. Inner metal flaps fitted to the letterbox are also recommended.
Front doors are free to close fully into the frame without snagging on the internal carpeting or doormats.

Recommendation (7)

It is recommended that occupants (especially vulnerable occupants):

Be reminded of the importance of a working smoke alarm within the dwelling.
Residents and landlords should periodically be reminded of the benefits of long life and mains smoke alarms, together with carbon monoxide alarms.

Note: Surrey Fire and Rescue Service provide information regarding keeping safe from fire and how to book a home fire safety visit. Smoke detection advice, including where residents can source additional information about fire safety in the home, should be communicated by the managing agent or landlord as part of the general safety management arrangements.

Recommendation (10)

It is recommended that residents and managing agents are alert to the published guidance on fire extinguishers within blocks of flats. Portable fire extinguishers are currently not required in flats. Residents should be reminded periodically to install heavy-duty fire blankets, available commercially.

Emergency Procedure

IN YOUR FLAT

Close the door of the room where the fire is.
Do not try to fight the fire unless it is very small.
CALL THE FIRE BRIGADE - DIAL 999.
Leave your flat. Close the front door. DO NOT LOCK IT.
ALERT neighbours if possible.
Proceed to Assembly Area: Lower Car Park.
Do not stop to collect personal belongings.

NOT IN YOUR FLAT

Leave your flat. Close all doors behind you. DO NOT LOCK.
DO NOT STOP TO COLLECT PERSONAL BELONGINGS.
Proceed to Assembly Area: Lower Car Park.
If your escape is BLOCKED then STAY WITHIN your Flat and keep all doors and windows closed. YOU WILL BE RESCUED.

CALL THE FIRE BRIGADE IMMEDIATELY TO EVERY FIRE OR SUSPICION OF FIRE

DIAL 999
Give operator your telephone number and ask for FIRE.
When Fire Brigade answers give your full address.
Do not replace the receiver until the Fire Brigade has repeated your address back to you.