Paragraph 12 Matters affecting the Premises

(1)

A requirement for the landlord to grant the tenancy to the tenant free from encumbrances other than—

(a)

any matters, other than financial charges, contained or referred to in the entries or records made in—

(i)

registers maintained by HM Land Registry, as at [DATE AND TIME OF OFFICIAL COPIES] under title number [NUMBER], and

(ii)

the Land Charges Department of HM Land Registry, as at [DATE OF SEARCH];

(b)

all matters contained or referred to in the tenancy;

(c)

any matters discoverable by inspection of the premises before the date of this agreement;

(d)

any matters which the landlord does not and could not reasonably know about;

(e)

any matters, other than financial charges, disclosed or which would have been disclosed by the searches and enquiries that the tenant made, or a prudent tenant would have made, before entering into this agreement;

(f)

public requirements;

(g)

any matters which are, or (where the tenancy will not be registered) would be, unregistered interests which override first registration under section 12(4)(c) of and Schedule 1 to the Land Registration Act 2002^f1.

(2)

A statement that the tenant is deemed to have full knowledge of the matters referred to in sub-paragraph (1) and will not raise any enquiry, objection, requisition or claim in respect of any of them.

(3)

Provision—

(a)

disapplying conditions 4.1.1, 4.1.2, 4.1.3 and 4.2.1 in relation to the tenancy contract;

(b)

applying condition 7.6.3 subject to the modification that the reference in that condition to condition 4.1.2 is to be read as a reference to the provision referred to in sub-paragraph (1).

Annotations

Footnotes

f1: 2002 c. 9. Schedule 1 was amended by s. 157(7) of the Localism Act 2011 (c. 20).