The Regulations should be construed as an integral part of your Lease Agreement, being Regulations enacted by the Company in accordance with a clause therein. Compliance with these Regulations is a condition of your lease.
In case of any conflict between this document and the terms of your lease the terms of your lease have precedence. If you are uncertain as to the effect of the Regulations below, and Regulations stated in your lease, then please refer any questions to Wallakers although please note that any reply received from Wallakers will be given on behalf of the Company and therefore if you remain uncertain or not satisfied with the replies given by Wallakers to any such enquiries then you should refer to the matter to your own legal advisers.
1. Alterations to the Structure of Porton Court.
Any alterations involving the structure of the building, including but not limited to changing the arrangement of the rooms, excavations into the concrete of floors, taking pipes through external walls, or replacing the windows, requires consent from the Company before work can commence. If a skip is required in connection with any works its position should be agreed with the Company, or its agent, before it is delivered. Temporary storage of materials should also be agreed. Adequate arrangements must be made to prevent danger from falling debris in connection with any works.
Replacement windows must be of a similar pattern to the remainder of the building and have a white finish. The Company is not responsible for the subsequent maintenance and repair of replacement windows.
When building work is being carried out leaseholders must ensure that the lifts and communal areas are kept accessible, clean, and undamaged. Any costs incurred by the Company due to damage, cleaning, or other cause, will be notified to the leaseholder concerned and recovered as an addition to their next Service Charge Invoice.
2. Fire Prevention, Detection and Escape.
Inflammable or explosive materials must not be stored in flats or garages in quantities larger than permitted by relevant legislation.
The use of portable gas heaters, or open element electric heating appliances, is not permitted within the buildings.
Each flat must have at least one smoke alarm fitted and its operation must be checked regularly.
Pushchairs, furniture, bicycles, refuse bags, etc. must not be stored on landings or stairways as they would hamper evacuation and speed the spread of fire.
Flat access doors and fire doors must not be propped open.
3. Noise and Disturbance
No work may be carried out involving hammering, drilling or other noise which can be heard by other residents before 08.00 or after 20.00 Monday to Friday, before 09.00 or after 18.00 on Saturdays, Sundays or Bank Holidays. Tradesmen must be told of this restriction and 7 days notice must be given to residents by posting a notice on the notice board(s) in the Ground floor Lobby(ies).
4. Parking of Motor Vehicles
Each lease has designated parking or garage provision. Each garage or parking space is for the parking of one private vehicle which must, as a minimum, be insured against third party losses.
Sub-letting of garages and parking spaces to non-residents is not permitted.
Additional parking spaces may be available for rent from time to time and are allocated by the managing agents on a first-come first-served basis. These are not transferable to a new leaseholder when a flat is sold.
The roadway area in front of garages J to PP, and kerbs marked with double yellow lines, must be kept clear to permit access to the garages, for emergency and service vehicle access, and for pedestrian safety. Parking on the grass areas or footpaths is not permitted.
The Company owns six Visitor Parking Spaces on the Porton Court Estate. The Visitor Parking Spaces are identified by the words “Visitor Only” painted within the outline of each identified space. The Company provides fair and reasonable access for each flat owner to these Visitor Parking Spaces free of charge. The Company shall issue each flat with two Visitor Permits for the use of visitors to that flat. A Visitor Permit must be displayed in the windscreen of a visitor’s car within 20 minutes of arrival. The Visitor Parking Spaces are not for the use of residents’ own cars.
In order to achieve fair and reasonable sharing of the Visitor Parking Spaces the occupation of Visitor Parking Spaces by cars associated with any specific flat is not permitted on more than 23 days in any specific Service Charge Quarter (the day being defined for the purposes of this Regulation as the time between 16.00 and 17.00).
Owners of a flat will be notified in writing if they approach, or are likely to approach, within 5 days of the limit for a quarter.
Occupation of a Visitor Parking Space in excess of 23 days will result in the levying of a Penalty Parking Charge, for that quarter, at a rate (excluding any applicable taxes) of three times the rate which the Company charges for rentable parking spaces in that same quarterly period. Such Penalty Parking Charges will be added to the next available Quarterly Service Charge Invoice.
The amount of the Penalty Parking Charge may be amended by a majority of shareholders at a General Meeting of the Company.
Failure to pay Penalty Parking Charges will be considered as a breach of the lease agreement of the flat concerned.
Pets are not permitted.
6. Satellite Dishes
Individual satellite dishes, or any other item mounted on the exterior walls, are not permitted.
Smoking is not permitted in any of the communal parts of the building – stairways, lifts, landings, lobbies and store rooms.
8. Subletting, or Sale, of a Flat
Under the terms of a Clause of your lease there is an absolute bar against subletting or parting with possession. This restriction cannot be waived in any circumstances. The Company will take action against any flat owner who sublets in this way. This action will seek both the eviction of the sub-tenants and the recovery of any costs that the Company has incurred, including legal costs, from the leaseholder.
The prohibition of sub-letting includes garages and parking spaces unless such subletting is to another Porton Court leaseholder. Such permitted sub-letting is not transferable with the sale of either affected lease.
Potential purchasers of a flat must pay the Company’s legal and administrative costs associated with provision of information, approval of a purchaser’s application and references, and subsequent completion of the transfer of the lease and share certificate.
Vendors are required to transfer all keys, Barrier “Zappers”, Residents’ Handbook, window warranties, visitor parking permits, and similar documentation to the new owners. Purchasers will be liable for any replacement costs of such items.
Any form of trading, or public meeting, is not permitted in any flat or within the grounds of Porton Court.