Lost in Legalese: Can anyone help translate my lease into English?

Mokka

Hi,
I keep getting befuddled by the extraordinarily florid and torridly verbose wording of my lease. I keep reading it over and over again and my brain just gives up. Spelling mistakes and complete lack of punctuation do not help either.

Perhaps someone could help us with this:

'Clause 7:

ANY disputes between the Lessee and occupiers of flats in the Building for the time being not let on leases expiring on the same date as the Lease hereby granted for terms exceeding twenty-one years for residential purposes in respect of the use of parts of the Building shall be settled by reference to the Lessor'.

I am asking because there is a dispute between a person running a commercial restaurant attached to a block of flats (likely on a lease of less than 21 years) and one of leaseholders. Part of these premises is a flat designated as residential (C3).

What does 'settled by reference to the Lessor' mean?

Guest101

Mokka wrote: »

Hi,
I keep getting befuddled by the extraordinarily florid and torridly verbose wording of my lease. I keep reading it over and over again and my brain just gives up. Spelling mistakes and complete lack of punctuation do not help either.

Perhaps someone could help us with this:

'Clause 7:

ANY disputes between the Lessee and occupiers of flats in the Building for the time being not let on leases expiring on the same date as the Lease hereby granted for terms exceeding twenty-one years for residential purposes in respect of the use of parts of the Building shall be settled by reference to the Lessor'.

I am asking because there is a dispute between a person running a commercial restaurant attached to a block of flats (likely on a lease of less than 21 years) and one of leaseholders. Part of these premises is a flat designated as residential (C3).

What does 'settled by reference to the Lessor' mean?

whats the nature of the dispute? As dispute can have numerous meanings, particularly in legalese.

Mokka

Guest101 wrote: »

whats the nature of the dispute? As dispute can have numerous meanings, particularly in legalese.

Noise nuisance and smell.

The flat attached to the restaurant have also been used for commercial activities, such as washing up, and after complaints and visits from the Planning Enforcement a planning application was submitted to convert part of the flat into a restaurant washing up area.

What's the best way to object to this? Not sure what would be 'a material planning consideration' in this instance?

AdrianC

If you've got a grievance about the use of other bits of the building, apart from the residents of flats on 21+yr leases, then the freeholder's decision is final.

Guest101

Contact the council

G_M

spelling misteaks? I gess I mised them.

'settled by reference to the Lessor'

means the dispute should be referred to the Lessor who will settle it.

Mokka

G_M wrote: »

spelling misteaks? I gess I mised them.

Will 'demises premises' satisfy you? I can't bear to quote the whole sentence- it's 12 lines long and not a single coma :rotfl:

agrinnall

Mokka wrote: »

Will 'demises premises' satisfy you? I can't bear to quote the whole sentence- its 12 lines long and not a single coma :rotfl:

Without the context it's impossible to say whether that's correct or not. And the punctuation, or lack of it, is probably as it is for perfectly good legal reasons.

Mokka

Guest101 wrote: »

Contact the council

The council is involved: the planning enforcement and noise control officers.

The council is also the landlord. Could we ask to see the lease for the commercial property or can the council refuse to show it?

G_M

Mokka wrote: »

...Could we ask to see the lease for the commercial property or can the council refuse to show it?

Yes.

And yes.

Guest101

Regardless, as the lease is irrelevant, there are environmental health laws. Speak to your mp if these are breached and council fails to act