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Conveyancing and Law of Property Act 1884
SCHEDULE 6SCHEDULE 6
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# SCHEDULE 6 SCHEDULE 6
*\[Schedule 6 Inserted by No. 72 of 1962, s. 11 \]*
[Section 75A](#GS75A@EN)
| 1. | Short provision. |
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| To use the premises only as a dwelling |
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| | Long provision. |
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| Not to use the premises nor permit them to be used for any purpose other than as a private dwelling for one family nor for any purpose from which a nuisance can arise to the owners and occupiers of the other flats in the building of which the premises are part or of dwellings in the neighbourhood of that building nor for an illegal or immoral purpose. |
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| 2. | Short provision. |
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| Not to disfigure the outside. |
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| | Long provision. |
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| Not to redecorate the exterior of the premises otherwise than in a manner agreed to by a majority of the owners or lessees of the flats in the building of which the premises are part or, failing such agreement, in the manner as near as may be in which the premises were previously decorated, and not to put any name, writing, drawing, signboard, plate, or placard on or in any window on the exterior of the premises. |
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| 3. | Short provision. |
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| To repair. |
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| | Long provision. |
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| Subject to contribution and payment as in these presents provided, to maintain, repair, redecorate, and renew, so far as they are part of the premises— |
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| (a) | the main structure and in particular the roof, chimneys, gutters and rainwater pipes, the gas and water pipes, drains, wireless aerials, and electric cables and wires not enjoyed or used by the purchaser solely for his own benefit; |
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| (b) | the gas and water pipes, drains and electric and telephone cables and wires enjoyed or used by the purchaser in common with the owners and lessees of the other flats; |
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| (c) | the entrances, passages, landing, and staircases enjoyed or used by the purchaser in common with the owners and lessees of the other flats; and |
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| (d) | the boundary walls and fences, |
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| of or in the buildings of which the premises are part, and to keep the premises other than the parts in this covenant beforementioned and all walls, party walls, sewers, drains, pipes, wireless aerials, cables, wires, and appurtenances thereto belonging in good and tenantable repair and condition and in particular but without prejudice to the generality of the foregoing so as to support, shelter, and protect the other parts of the building of which the premises are part. |
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| 4. | Short provision. |
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| To contribute to repairs. |
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| | Long provision. |
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| To permit the vendor and his surveyor or agent with or without workmen and others at all reasonable times upon notice to enter into and upon the premises or any part thereof for the purpose of— |
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| (a) | viewing and examining the state and condition thereof and making good all defects, decays, and wants of repair of which notice in writing has been given by the vendor to the purchaser and for which the purchaser is liable under these presents within three months after the giving of such notice; |
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| (b) | repairing any part of the building of which the premises are part; |
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| (c) | making, repairing, maintaining, re-building, cleansing, lighting, and keeping in good order and condition all sewers, drains, pipes, wireless aerials, cables, water-courses, gutters, wires, party structures, or other conveniences belonging to or serving or used for that building; and |
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| (d) | laying down, maintaining, repairing, and testing drainage, gas and water pipes, and telephone and electric wires and cables and similar things. |
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| 5. | Short provision. |
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| To contribute to repairs. |
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| | Long provision. |
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| To contribute and pay a proportion equal to the ratio between the annual value of the premises and the annual value of the whole building of which the premises are part, together with its curtilage, of the cost and expenses of— |
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| (a) | maintaining, repairing, redecorating, and renewing— |
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| (i) | the main structure and in particular the roof, chimneys, gutters, and rain-water pipes; |
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| (ii) | the gas and water pipes, drains, wireless aerials, and telephone and electric cables and wires enjoyed or used by the purchaser in common with the owners and lessees of the other flats; |
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| (iii) | the entrances, passages, landings, and staircases enjoyed or used by the purchaser in common with the owners and lessees of the other flats; and |
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| (iv) | the boundary walls and fences, |
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| | of or in the building of which the premises are part; |
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| (b) | cleaning and lighting all portions of the building of which the premises are part enjoyed or used by the purchaser in common with the owners and lessees of the other flats in the building; and |
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| (c) | decorating the exterior of the building. |
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| 6. | Short provision. |
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| To insure. |
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| | Long provision. |
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| To insure and keep insured the premises against loss or damage by fire, flood, storm, or tempest in the full value thereof and, whenever required, produce to the vendor the policy or policies of such insurance and the receipt for the last premium therefor, and if the premises are damaged or destroyed by fire, flood, storm, or tempest as soon as reasonably practicable to lay out the insurance moneys in the repair, rebuilding, or reinstatement of the premises. |
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| 7. | Short provision. |
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| Not to commit a nuisance. |
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| | Long provision. |
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| Not to throw or permit to be thrown dirt, rubbish, rags, or other refuse into the sinks, baths, lavatories, cisterns, or water or soil pipes in the premises; not to play or permit to be played any piano, pianola, gramaphone, wireless set, or mechanical or other musical instrument of any kind so as to cause annoyance to the owners, lessees, or occupiers of other parts of the building of which the premises are part or so as to be audible outside the premises between the hours of 11 p.m. and 9 a.m.; not to create or suffer his family or guests to create a disturbance in any part of the building of which the premises are part or the grounds thereof over which he has an easement between those hours; not to shake or permit to be shaken any mat out of the windows of those premises; and not to keep on the premises a bird, dog, or other animal which may cause annoyance to any owners, lessees, or occupier of any part of the building of which the premises are part. |
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| 8. | Short provision. |
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| To permit inspection. |
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| | Long provision. |
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| To permit the vendor and his surveyor or agent, with or without workmen and others, at all reasonable times, upon notice, to enter into and upon the premises or any part thereof for the purpose of— |
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| (a) | repairing any part of the building of which the premises are part; |
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| (b) | making, repairing, maintaining, rebuilding, cleansing, lighting, and keeping in order and good condition all sewers, drains, pipes, cables, water-courses, gutters, wires, party structures, and other conveniences belonging to or serving or used for that building; |
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| (c) | laying down, maintaining, repairing, and testing drainage, gas and water pipes, wireless aerials, and electric and telephone wires and cables, |
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| and similar purposes. |
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| 9. | Short provision. |
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| To repair downpipes. |
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| | Long provision. |
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| To put, keep, and maintain in good and safe repair and condition the external waste waterways and soil pipes in or upon the premises. |
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| 10. | Short provision. |
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| To repair the roof. |
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| | Long provision. |
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| To put, keep, and maintain in good and safe repair and condition the roof of the premises together with the chimneys thereon, the openings therein and the spouting thereof. |
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| 11. | Short provision. |
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| To permit a wireless aerial. |
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| | Long provision. |
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| To allow access to the roof to the owner, lessee, or occupier of any part of the building of which the premises are part for the purpose of erecting, maintaining, repairing, or removing a wireless or television aerial and to allow wires from such an aerial to be led therefrom to that part of the building. |
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| 12. | Short provision. |
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| To keep up the grounds. |
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| | Long provision. |
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| To keep the grounds of the building of which the premises are part in order and in a safe and tidy condition, keeping the lawns therein mown and preserving and replacing trees, shrubs, plants, and herbs therein so as to keep those grounds in reasonable order and condition in respect of things grown therein. |
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| 13. | Short provision. |
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| To provide services. |
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| | Long provision. |
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| To continue for the benefit of the premises and persons living in or visiting them such services as are now provided thereto. |
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| 14. | Short provision. |
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| To secure similar covenants from assigns. |
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| | Long provision. |
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| To require every person to whom he transfers or leases the premises to covenant with him as trustee for all persons concerned to perform all the covenants by which he is bound under these presents. |
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| 15. | Short provision. |
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| To pay his share of the rates. |
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| | Long provision. |
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| To contribute and pay a proportion equal to the ratio between the annual value of the premises and the annual value of the whole building of which the premises are part, together with its curtilage, of all State and Federal taxes and municipal rates and charges charged upon that building, together with its curtilage, and for which the premises are not separately assessed. |
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| 16. | Short provision. |
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| Provide that the vendor may re-enter. |
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| | Long provision. |
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| Provide always that if the purchaser shall fail to observe, perform, or fulfil covenants on his behalf contained in these presents or any of them, in any such case and as often as it shall happen, the vendor may, without prejudice to any other remedy, right, or power available to the vendor in respect of the default and notwithstanding any actual or constructive waiver of any previous cause or right of entry or re-entry or of any other right or claim on the part of the vendor to enter upon the premises or any part thereof in the name of the whole and thereafter at the option of the vendor— |
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| (a) | thenceforth to hold, possess, and enjoy the premises in fee simple free from encumbrances; or |
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| (b) | to execute and do such works, acts, and things (if any) on the premises as shall be necessary or proper for repairing, rebuilding, or insuring them in accordance with the said covenants on the part of the purchaser and to remain in the possession or receipt of the rents and profits thereof until thereby or otherwise all sums of money expended by the vendor in or about those works, acts, and things or in insuring the premises and all sums of money due to the contributed and paid by the purchaser under these presents, together with all costs and expenses occasioned by the exercise of this power be fully paid and satisfied. |
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| 17. | Short provision. |
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| The vendor declares himself a trustee for all persons concerned. |
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| | Long provision. |
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| The vendor declares that he himself is trustee for the purchaser and the vendor and their successors in title as owners of the several parts of the building of which the premises are part of— |
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| (a) | such parts of that building and its curtilage as are subject to easements for the common benefit of any two or more flats in that building; and |
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| (b) | the benefit of the covenants similar to the purchaser's covenants contained in these presents entered into or to be entered into by the transferees or lessees of the other flats in that building and the benefits of the rights to enter and re-enter similar to those contained in these presents reserved or to be reserved in the transfers or leases to the transferees or lessees of those other flats. |
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| 18. | Short provision. |
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| To provide covenants similar to the purchaser's. |
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| | Long provision. |
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| To do nothing on or in respect of the building of which the premises are part and its curtilage that, if done by the purchaser on or in respect of the premises, would be a breach of a covenant by which the purchaser is bound under these presents; to require every person to whom he transfers or leases any part of that building and its curtilage to covenant with him as trustee for all persons concerned to perform all the covenants by which the vendor is bound under these presents, and to do nothing on or in respect of the part so transferred or leased that, if done by the purchaser on or in respect of the premises, would be a breach of a covenant by which the purchaser is so bound; and so far as he, the vendor, or his predecessors in title have transferred or leased any such part without having obtained as trustee for all persons concerned from the transferee or lessee thereof such covenants as he would by these presents be bound to require if such transfer or lease had been made hereafter and not herebefore, to obtain from each one of such transferees and lessees (if any) such covenants as trustee for all persons concerned. |