Deed of variation of lease
[Lodge Name] Week [ ]
The Pastures, Blakeney,
Near Holt, Norfolk
16 Castle Park
This DEED is made
- BLAKENEY TIMESHARE MANAGEMENT LIMITED incorporated in England and Wales with company registration number 02230240 whose registered office is at One Colton Square, Leicester, LE1 1QH (the 'Lessor'); and
- [Insert name] [of [insert address] (the 'Lessee').
In this deed the following definitions apply:
[the date of this deed] OR [insert date on which variation is to take effect if not the date of this deed];
the land and buildings known as Blakeney Timeshare, Blakeney, Near Holt, Norfolk as defined in the Lease;
a lease dated [insert date] and made between the Lessor (1) and the Lessee (2) as varied or supplemented by any document (whether or not expressed to be so);
the premises demised by the Lease and known as the Dwelling in the Time-Share Lease Particulars at Blakeney Timeshare, The Pastures, Blakeney, Near Holt, Norfolk;
the term created by the Lease commencing on [insert date] and ending on 31 March 2063.
Time-Share Lease Particulars
attached at Schedule 1
- This deed is supplemental to the Lease by which the Premises were let and is deemed to restate all the provisions of the Lease as varied by this deed.
- The immediate reversion to the Lease is vested in the Lessor and the unexpired residue of the Term is vested in the Lessee.
- The freehold land is registered at HM Land Registry with title absolute under Title Number NK469022. The Lessor is the Registered Proprietor.
- The Lease is not registered at HM Land Registry nor is it noted on the freehold title.
- The parties agree to enter into this Deed of Variation to regularise the position across the Estate and the Lessor grants the Lessee an option to surrender the Lease in consideration of an option to acquire a share in the Lessor exercisable on the date all of the Time-Share Leases are brought to an end.
- The ‘Lessor’ includes the person or persons from time to time entitled to possession of the Premises when the Lease comes to an end.
- The ‘Lessee’ includes the successors in title of the Lessee.
- Where any party to this deed for the time being comprises two or more persons, obligations expressed or implied to be made by or with that party are deemed to be made by or with the persons comprising that party jointly and severally.
- The neuter gender includes the masculine and the feminine and words importing the singular include the plural and vice versa and any reference to a person includes a reference to a company, authority, board, department or other body.
- The clause and schedule headings do not form part of this deed and are not to be taken into account in its construction or interpretation.
- Variation of the Lease
- The Lessor and the Lessee agree that the Lease is varied from and including the Effective Date and shall from the Effective Date take effect and be read and construed as varied by the provisions set out in Schedule 2.
- The Lessor and Lessee confirm that this deed is not intended to and does not effect any surrender of the Lease or the grant of a new lease and that the covenants and conditions contained in the Lease, as varied by this deed, continue in full force and effect.
- Third parties
Nothing in this deed is intended to confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
The Lessor and the Lessee agree to endorse a memorandum of this deed on the counterpart Lease and Lease respectively within fourteen days of the date of this deed.
- Governing Law and Jurisdiction
- This Lease and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including any non-contractual dispute or claim) is governed by, and must be construed in accordance with, the laws of England and Wales.
- The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Lease, its subject matter or its formation (including non-contractual disputes or claims).
EXECUTED AS A Deed by the Parties on the date first set out at the beginning of this deed
Time-Share Lease Particulars – Blakeney
- Date of Lease [ ]
- Dwelling [Lodge Name], Blakeney, Near Holt, Norfolk
- Holiday Period Week Number [ ] in each year
- Premium £
- Initial Management Fee [2022/2023] £ plus VAT as applicable
- Maximum Number of Occupants [Maximum] (excluding children under 3)
Variations to the Lease
Replace references to:
‘Initial Management Fee’ with ‘Initial Service Charge Fee’
‘Annual Management Fee’ with ‘Annual Service Charge Fee’
The ‘Management Services’ with the ‘Services’
‘Management Expenses’ with ‘Service Charge Expenses’
New and Replacement Clauses:
Clause 9.1.2 “Uninterrupted Enjoyment” the following shall be added to the end of the clause:
SAVE THAT the Lessee acknowledges that the right of occupation of any Dwelling may be suspended, altered or delayed if the Lessor, acting reasonably, determines that any Dwelling is unavailable for any reason including, but not limited to, fire, flood, health and safety concerns or any unforeseen event that would prevent travel or make it impracticable, illegal or prohibit occupation of the Dwelling or any other part of the Estate. In the event that any Dwelling to which a Lessee’s Holiday Period relates is unable to be occupied by a Lessee during any part of the Holiday Period the Lessor shall use its reasonable endeavours to inform each affected Lessee at the earliest opportunity.
Clause 9.1.3 “Mortgages or Legal Charges” of the Lease shall be deleted.
Clause 9.1.4 “Transfer of Lessor’s freehold interest” shall be deleted and the following clause shall be added to the Lease as a new clause 9.1.4:
Clause 9.1.4 “Transfer of Lessor’s freehold interest” / “Termination”
The lease shall continue in existence until:
- the Estate is sold to a third party; or
- in respect of that part of the Estate containing the Dwelling, the date on which a Dwelling Closure Resolution or a Dwelling Sale Resolution takes effect;
- the date on which a Site Closure Resolution or a Site Sale Resolution takes effect; or
- 31 March 2063,
whichever is the earlier (the “Long Stop Date”). The Eligible Timeshare Lessees may, by not less than a three-quarters majority of Eligible Timeshare Lessees entitled to vote at a Special Leaseholder Meeting called for such purpose, resolve that the Lease shall be surrendered prior to the Long Stop Date or that the Long Stop Date shall be extended to a later date, in either case in accordance with the procedure set out in Schedule 5 of this Deed.
Upon the determination of the Lease (howsoever arising) the Lessor shall realise the assets of the Estate with power to postpone the conversion of any particular asset if so directed by any Special Leaseholder Meeting.
Clause 9.1.6 The following clause shall be added to the Lease as a new clause:
Clause 9.1.6 “The Lessor shall hold at least two Holiday Periods in respect of each Dwelling for the purpose of maintenance, cleaning and repair. In addition, all days unallocated to a Holiday Period in any year shall belong to the Lessor.”
Clause 11 Delete “Use of Boats”.
Schedule Three - delete the Third Schedule of the Lease (Lessee’s Obligations Positive and Negative) and replace with “Rules of the Blakeney Timeshare Management” in the form set out in Schedule 3 of this Deed.
Schedule Four, Part 1, clause 7.1 – insert the words ‘Subject to clause 7.3’ at the beginning of the clause.
Schedule Four, Part 1, insert new clause 7.3 - In the event the Annual Management Fee payable by the Lessee in accordance with the formula set out in clause 7.1 is insufficient to cover the actual Management Expenses incurred for the financial year in question then each Lessee will pay on demand an amount which the Lessor in its absolute discretion considers to be a fair proportion of the balance having regard to the square footage of the Dwelling and the square footage of the sold Dwellings on the Estate for that financial year.
Schedule Four, Part 1, replace clause 10 with the following – Each year by not less than 42 days’ notice in writing the Lessor shall convene a meeting in a suitable location, where time-share Lessees of the Dwellings will be invited to attend, with the intention of enabling the time-share Lessees to make known their views with regard to the management of the Estate and to enable the Lessor to consult those time-share Lessees present as to any improvements or alterations to the management arrangements that may be proposed but so that such meeting shall be held by way of consultation only. In the event of governmental travel restrictions, restrictive health advice or financial limitations the Lessor will report by email or post to the time- share Lessees inviting their feedback and opinion.
Schedule Four, Part 3 – insert the following new clauses 8 and 9:
- the establishment and maintenance of a reserve fund for the replacement of capital items used on the Estate;
- all costs, expenses, claims, demands, losses, and damages paid, incurred or sustained by the Lessor pursuant to the Lease.
Schedule Five – insert new Fifth Schedule of the Lease (Provisions relating to Special Leaseholder Meetings) in the form set out Schedule 4 of this Deed.
Rules of Blakeney Timeshare Management
Lessee's Obligations – Positive
To arrive at the Dwelling after 5.00pm
- To arrive at the Dwelling after 5.00pm on the first day of the Holiday Period in each year of the Term
To vacate the Dwelling by 10.00am
- To ensure that the Dwelling is vacated by no later than 10.00am on the last day of the Holiday Period in each year of the Term (but so that this obligation shall not apply if the Lessee is also entitled to the benefit of a time-share lease of the Dwelling in relation to the Weekly Period next following the Holiday Period)
To Maintain the Dwelling in a reasonable state
- To keep and maintain the Dwelling (including the contents thereof) in a reasonable state and condition during the Holiday Period in each year of the Term and to pay to the Lessor on demand the cost of repairing reinstating or making good any damage deterioration or dilapidation over and above fair wear and tear which may have taken place during the Holiday Period in any year of the Term (as to which the Lessor shall be the sole judge) and to pay to the Lessor on demand the cost of carrying out extra cleaning seen to be beyond fair wear and tear caused during the Holiday Period
To keep the Dwelling clean and tidy
- To keep the Dwelling clean and tidy during the Holiday Period in each year of the Term
Bed Linen and Towels
- The Dwelling will be provided with one set of bed linen and towels for each bed type provided in the Dwelling which will be changed on a weekly basis
- Each Dwelling to be provided with one child’s sleeping cot and mattress, being stored inside the Dwelling and requiring the Lessee to make up the cot so checking the cot is safe and satisfactory. No bed linen is provided for the cots.
To permit access for repairs
- If any work of repair or maintenance shall be required to be carried out to the Dwelling or its contents or to any part of the Estate during the Holiday Period in any year of the Term to allow immediate access to the Lessor or their servants agents or workmen to enable such work to be carried out
To comply with Regulations
- To comply with such rules and regulations for the efficient running of the Estate as the Lessor shall from time to time prescribe by notice in writing
To pay certain costs if in breach
- To pay all costs charges and expenses (including Solicitors' costs and Surveyors' fees) incurred by the Lessor for the purpose of or incidental to the preparation and service of any notice under Section 146 of the Law of Property Act 1925 requiring the Lessee to remedy a breach of the covenants by the Time-Share Owner herein contained notwithstanding that forfeiture may be avoided otherwise than by relief granted by the Court
To notify Changes of Address
- To notify the Lessor of any changes in the permanent address, email address and contact telephone number of the Lessee
Charging Electric Vehicles
- Electric vehicles must only be charged at the Property using a designated external charging point (if provided). It is the Lessee’s responsibility to ensure that the Lessor is notified each time the designated external charging point is used (whether by the Lessee, their guest or another party) and to pay for the electricity consumed.
Lessee's Obligations - Negative (A)
Not to stay on beyond 10.00am on the last day of the Holiday Period
- Not to remain in occupation or permit or suffer any person who shall have gone into occupation by a title derived from or through permission given by the Lessee to remain in occupation of the Dwelling beyond 10.00am on the last day of the Holiday Period in any year of the Term (but so that this obligation shall not apply if the Lessee is entitled to the benefit of a time-share lease of the Dwelling in relation to the Weekly Period next following the Holiday Period)
Not to use except for a holiday
- Not to use or permit or suffer to be used the Dwelling during the Holiday Period for any purpose other than that permitted by Clause 2 of the Lease or for any illegal or immoral purpose
Limits on numbers using the Dwellings
- Not to allow the Dwelling to be occupied during the Holiday Period by more than the Maximum Number of Occupants shown in number 7 of the Time-Share Particulars without the express consent of the Lessor
- Not to do or permit or suffer to be done anything which may be or become a nuisance or cause damage or annoyance to any time-share lessee or occupier of a Dwelling or any adjoining or neighbouring owner or occupier
Not to avoid insurance
- Not to do anything which would make void or voidable the insurance of the Dwelling or the contents thereof or the Estate generally or any part thereof. In the event of the Lessee so doing and any insurance monies not being recoverable in consequence the Lessee shall be responsible for making good the amount so irrecoverable
Not to alter
- Not to carry out any works of alteration or otherwise cause any damage to the Dwelling (including its contents) or to any adjoining property
Not to assign
- Not to assign sublet or part with possession or occupation of the Dwelling otherwise than in accordance with the provisions of Clauses 3 4 5 6 and 7 of this Lease. The Lessee must not register their Holiday Period(s) with any third-party timeshare exchange company or commit to any contractual agreement relating to the occupation of the Holiday Period, outside of those provided and arranged by Blakeney Timeshare Management
Family and Friends
- The Lessee can arrange for their family, friends or other persons known to them to stay at The Dwelling during their Holiday Period. The Lessee will provide access details and suitable information to their guests and be responsible for their guests’ conduct as detailed in this Schedule 3
- The Lessee can arrange for their Holiday Period to be advertised by Blakeney Timeshare Management as available to rent to those looking to book holiday accommodation. Any guest booking secured by this method will be managed by BTM and will not be the responsibility of the Lessee. The tariff collected from the guest will be paid to the Lessee after being subject to a letting fee of 10% plus VAT payable to BTM
- Broadband is provided to The Dwelling. The Lessee or their guests should not attempt to connect a telephone to the Broadband line cable point
Lessee's Obligations - Negative (B)
Disposal of rubbish
- To comply with all arrangements from time to time made by the Lessor in relation to the disposal of refuse from any holiday home and not to throw dirt rubbish rags or other refuse or other substances or permit the same to be thrown into the sinks baths lavatories cisterns or waste or soil pipes in the Dwelling or out of the windows or doors thereof but to place the same in the dustbins provided for that purpose
- No gramophone wireless loudspeaker tape recorder or other musical instrument of any kind shall be played at any time so as to cause a nuisance or annoyance to any of the time-share lessees or occupiers of Dwellings or of any adjoining or neighbouring property
- No inflammable or explosive oil or other substance shall be kept in the Dwelling
- No motor car, motor-bike, caravan or commercial vehicle belonging to or used by the Lessee or any person occupying the Dwelling or their visitors shall be parked other than on the Dwelling or in the case of the Kelling and Burnham B only in one of the parking spaces allocated to the Dwelling by the Lessor from time to time. For the avoidance of confusion, no motor car or other vehicle may be parked on any part of the Amenity Areas, the estate roads or service road leading to property known as ‘The Pastures’, nor on a parking space allotted to another Dwelling.
Boats, Caravans and Motorhomes
- No boats, caravans, or motorhomes to be parked or brought upon the Estate
Charging Electric Vehicles
- Not to recharge an electric vehicle using the internal electric three pin power points at the Property.
Schedule 5 - Provisions relating to Special Leaseholder Meetings
- In this Schedule the following expressions have the following meanings namely:-
- "Dwelling Closure Resolution" shall mean a resolution to close a Dwelling and terminate the Leases held by each Eligible Time-Share Lessee, passed by not less than a three quarters majority of the Eligible Time-Share Lessees entitled to vote at a Special Leaseholder Meeting called for such purpose.
- "Dwelling Sale Resolution" shall mean a resolution to instruct the Lessor to use reasonable endeavours to seek a sale of a Dwelling and terminate the Leases held by each Eligible Time-Share Lessee, passed by not less than a three quarters majority of the Eligible Time-Share Lessees entitled to vote at a Special Leaseholder Meeting called for such purpose.
- “Eligible Time-Share Lessees” means:
- in relation to a Dwelling Closure Resolution or a Dwelling Sale Resolution, those Time-Share Lessees who on the date of circulation of notice of the Special Leaseholder Meeting are entitled to the benefit of a lease granted by the Lessor in respect of the relevant Dwelling; or
- in relation to a Site Closure Resolution or a Site Sale Resolution, all Time-Share Lessees on the date of circulation of notice of the Special Leaseholder Meeting; or
- in relation to any other resolution proposed at a Special Leaseholder Meeting, all Time-Share Lessees on the date of circulation of notice of the Special Leaseholder Meeting.
- “Site Closure Resolution" shall mean a resolution to close all Dwellings on the Estate and terminate the Leases held by each Time-Share Lessee, passed by not less than a three quarters majority of the Eligible Lessees entitled to vote at a Special Leaseholder Meeting called for such purpose.
- “Site Sale Resolution" shall mean a resolution to instruct the Lessor to use reasonable endeavours to seek a sale of the Estate and terminate the Leases held by each Time-Share Lessee, passed by not less than a three quarters majority of the Eligible Time-Share Lessees entitled to vote at a Special Leaseholder Meeting called for such purpose.
- “Special Leaseholder Meeting” shall mean a meeting of the Eligible Time-Share Lessees, convened and held in the manner set out in Part 2 of this Schedule.
Procedure for Special Leaseholder Meetings
- The Lessor may and shall upon a request in writing of not less than fifteen per cent in number of the Eligible Lessees call a Special Leaseholder Meeting. Where a Special Leaseholder Meeting is called at the request of Eligible Lessees, the meeting shall be held not more than three months from the date on which the request was received by the Lessor.
- Notice of a Special Leaseholder Meeting shall be given to each Eligible Time-Share Lessee not less than fourteen days' prior to the proposed date of the Special Leaseholder Meeting.
- The Lessor shall maintain a register of all Time-Share Lessees for the purpose of giving notice of Special Leaseholder Meetings.
- Notice of a Special Leaseholder Meeting shall set out the agenda of the business to be conducted at such Special Leaseholder Meeting, including the text of any Dwelling Closure Resolution, Dwelling Sale Resolution, Site Closure Resolution or Site Sale Resolution proposed. No business other than that specified in the notice shall be considered at the Special Leaseholder Meeting.
- Each notice of a Special Leaseholder Meeting shall specify whether the Special Leaseholder Meeting will be held in person, by electronic means or by any combination of approved methods of participation.
- The Lessor may send notices of Special Leaseholder Meetings and/or distribute any agenda, copy resolutions, reports and/or details concerning electronic participation at the Special Leaseholder Meeting (if relevant) accompanying a notice by electronic means or by means of a website to any Time-Share Lessee who has supplied an email address for the purposes of receiving such notices, documents or invoices.
- At all Special Leaseholder Meetings the quorum shall be not less than fifteen per cent in number of the Eligible Lessees present in person, participating by any electronic means specified in the notice of the Special Leaseholder Meetings or by proxy.
- Where any person is permitted to participate in a meeting by electronic means, the director of the Lessor selected to chair the Special Leaseholder Meeting shall ensure that each person so participating is able to hear the proceedings, be heard and cast a vote in real time. If it appears to the chairman of the Special Leaseholder Meeting that an electronic facility selected for the conduct of a Special Leaseholder Meeting has become inadequate for the purposes referred to in this Clause 7, then the chairman may, without having to seek the consent of the Special Leaseholder Meeting given that this may not be practicable in the circumstances, exercise his or her rights to manage the meeting to pause, interrupt or adjourn the Special Leaseholder Meeting. All business conducted at that Special Leaseholder Meeting up to the time of that adjournment shall be valid.
- At every Special Leaseholder Meeting a director of the Lessor (and in the absence of any director a chairperson appointed by a majority of those present at the Special Leaseholder Meeting) shall preside. The chairperson shall be entitled to determine all questions of procedure relating to the Special Leaseholder Meeting provided that the same are not inconsistent with the terms of this Schedule.
- Each Eligible Time-Share Lessee shall be entitled:
- on any Dwelling Closure Resolution or Dwelling Sale Resolution, to one vote for each Lease held in respect of the relevant Dwelling; or
- on any other resolution, to one vote for each Lease held.
Where a Lease is held jointly any named Time-Share Lessee can attend and vote but in the event that more than one person seeks to vote in respect of the same Lease, the vote of the first-named Lessee on the Lease only shall be counted.
- For the avoidance of doubt the Lessor shall be entitled to call a Special Leaseholder Meeting but shall not be entitled to a vote on any resolution proposed at any Special Leaseholder Meeting.
- Where a Special Leaseholder Meeting is held in person only, voting rights shall be exercised by a show of hands save that if any Time-Share Lessee or proxy shall so require whether before or after the show of hands a vote shall be taken by way of a poll and not by way of a show of hands. Where participation in a Special Leaseholder Meeting is permitted by electronic means, voting rights shall be exercised in such manner as are specified in the notice of the Special Leaseholder Meeting and by any other means permitted at the discretion of the chairman of the Special Leaseholder Meeting.
- Time-Share Lessees will be entitled to appoint a proxy to vote in their stead. A proxy need not be a Time-Share Lessee, and may be the chairman of the Special Leaseholder Meeting. The instrument appointing the proxy shall be in such form and executed in such manner as the Lessor may from time to time determine. The instrument appointing a proxy shall be deposited at the offices of the Lessor not less than forty-eight hours before the time appointed for holding the meeting at which the person named in the instrument proposes to vote unless the chairperson of the Special Leaseholder Meeting accepts it as valid. No instrument appointing a proxy shall be valid after the expiry of twelve months from its date.
Effective Date of Resolutions
- For the purposes of clause 9.1.4 of the Lease, a Dwelling Closure Resolution or a Site Closure Resolution shall take effect from the end of the Holiday Period in which the relevant Special Leaseholder Meeting falls, unless the terms of the relevant resolution specify that it shall take effect from a later date.
- For the purposes of clause 9.1.4 of the Lease, a Dwelling Sale Resolution or a Site Sale Resolution shall not take effect until the earlier of:
- the date immediately proceeding completion of the sale of the Dwelling or Estate (as applicable); and
- the Lease termination date specified by the Lessor to the Time-Share Lessees.
- For the purposes of clause 9.1.4 of the Lease, any other resolution shall take effect from the close of the meeting at which it is approved, unless the terms of the relevant resolution specify that it shall take effect from a later date.
- Notwithstanding the generality of this Schedule 5, if any Lease is terminated otherwise than at the end of a Holiday Period, the relevant Time-Share Lessee shall be entitled to remain in occupation of the relevant Dwelling for the remainder of the relevant Holiday Period on the same terms and subject to the same restrictions as would have applied if the Lease had not been terminated.
Executed as a deed by BLAKENEY TIMESHARE MANAGEMENT LIMITED acting by a director and its secretary
OR two directors
OR one director in the presence of a witness
Name (in BLOCK CAPITALS):
Executed as a deed by [insert full name of Lessee]
in the presence of
Name (in BLOCK CAPITALS):