The Grand Prize

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Hadlow Externals 1.jpg
Hadlow Externals 2.jpg
Hadlow panoramic 3.jpg

Ground Floor

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First Floor

Hadlow Floor 1.jpg

Second Floor

Hadlow Floor 2.jpg

Third Floor

Hadlow Floor 3.jpg

Fourth Floor and Mezzanine

Hadlow Floor 4.jpg

The Tower above the living accommodation

Hadlow Floor Tower Section.jpg

Floor Plans

The Hadlow Tower Floor Plans.jpg

Grounds & Location

Hadlow Location 1.jpg

Title Plans

The Title Plans for the Property are Below:

Title Plan -  K438701 - Hadlow Tower_Page_1.jpg
Title Plan -  K438701 - Hadlow Tower_Page_2.jpg
Title Plan - K884858_Page_1.jpg
Title Plan - K884858_Page_2.jpg
Title Plan - K833688_Page_1.jpg
Title Plan - K833688_Page_2.jpg

Covenants

Hadlow Tower covenants 

Hadlow Tower is a Grade 1 listed property. As you might expect from such a building, there are some covenants that come with the property.

1)      The property can only be used as a home or as a rental property including a short term holiday let. It cannot be used for commercial purposes. This covenant is permanent and could only be changed with the agreement of the covenant holder

2)      For the next four years after the Winner takes ownership of the property, it must be open to the public for 28 days a year.

3)      The property must be well maintained.

If the winner chooses the Tower, they must agree to honour the covenants before the property will be transferred over to them.

More details of the covenants can be found below

The full text (removing and sensitive personal details) of the restrictive covenant between the Hadlow Castle Grounds Management Company and the owner of the tower is below:

DEED OF VARIATION SUPPLEMENTAL TO A DEED OF VARIATION

 

DATED 19th DECEMBER 2011

 

 

 

 

RELATING TO

 

THE TOWER HADLOW CASTLE

HIGH STREET HADLOW TONBRIDGE

KENT TN11 0EG

 

 

 

 


 

HM LAND REGISTRY

 

LAND REGISTRATION ACT 2002

 

Administrative area                                    Kent:  Tonbridge and Malling

 

 

Title number(s):                                           K438701 and K748317

 

Property:            The Tower Hadlow Castle and land lying to the south east of the High Street Hadlow Tonbridge TN11 OEG

 

 

 

THIS DEED OF VARIATION is made the           1st         day of   August              2017

 

BETWEEN

 

[the owner’s name here] (‘the Tower Owner’) and

 

THE HADLOW CASTLE GROUNDS MANAGEMENT COMPANY LIMITED (company registration number 8175991) of 1 Hadlow Castle Hadlow Tonbridge Kent TN11 0EG (Castle Grounds Owner’)

 

NOW THIS DEED WITNESSES as follows:

 

1.           DEFINITIONS AND INTERPRETATION

For all purposes of this deed the terms defined in this clause have the meanings specified.

 

‘The Original Covenants’ means the covenants contained in  the Third Schedule to a Conveyance dated 23 January 1976 and made between Bernard Hailstone (1) Soren Jensen (2) and as set out in Part 1 of the Schedule to this Deed.

 

 Gender and number

 Words importing one gender include all other genders: words importing the  

  singular include the plural and vice versa.

 

 Headings

 The clause and schedule headings do not form part of this document and are

 not to be taken into account in Its construction or interpretation.

 

 

 

 

Definition of ‘the Trust’

The definition of ‘the Trust’ means THE  VIVAT  TRUST  LIMITED  (company  number  1568948)  of  The  Garden  Barn Wellbrock Manor Stockley Hill Peterborough Herefordshire HR2 OSS

 

Interpretation of ‘the Trust’

The expression the Trust’ includes its successors in title to the Premises.

 

Interpretation of ‘the Tower Owner'

The expression the Tower Owner’ includes their successors in title to the Premises.

 

Interpretation of ‘Castle Grounds Owner’

The expression Castle Grounds Owner’ includes the successors in title of Castle Grounds Owner to the Castle Grounds and any other person or party who may be entitled to the benefit of the Original Covenants.

 

‘The Conveyance’

The Conveyance means a Conveyance dated 23 January 1976 and made between Bernard Hailstone (1) Soren Jensen (2)

 

‘Castle Grounds’

Castle Grounds means the freehold property vested in the Castle Grounds Owner and registered under title number K748317

 

Interpretation

 

'The First Amended Covenants'

The First Amended Covenants means the covenants set out in Part 2 of the Schedule to this Deed.

 

‘The Second Amended Covenants’

The Second Amended Covenants means the covenants set out in Part 3 of the Schedule to this Deed, which replace The First Amended Covenants set out in Part 2 of the Schedule to this Deed

 

‘The Premises’

The Premises means all that property known as The Tower, Hadlow Castle, Hadlow, Tonbridge TN11 OEG registered under title number K438701 and each and every part thereof.

 

References to clauses and schedules

Any reference in this deed to a clause or schedule without further designation is to be construed as a reference to the clause or schedule of this document so numbered.

 

 

 

RECITALS

 

By the Conveyance the Premises were conveyed to Soren Jensen subject to the Original Covenants which were expressed to be for the benefit of the property of the said Bernard Hailstone at Hadlow Kent and known as Hadlow Castle Estate being the Castle Grounds.

 

Bernard Hailstone has since died and the Castle Grounds now vest in the Castle Grounds Owner.

 

This Deed is supplemental to the Deed of Variation dated 19th December 2011 made between the Vivat Trust Limited (1) xxxxxxxx and yyyyyyyyyyyy (2).

 

The Trust went into liquidation and the liquidators of the Trust have sold their freehold interest in the Premises to the Tower Owner.

 

Castle Grounds Owner and the Tower Owner have agreed that the Conveyance is to be varied by the release of the First Amended Covenants and entering into by the Tower Owner of the Second Amended Covenants.

 

3.           RELEASE OF FIRST AMENDED COVENANTS

 

3.1         In consideration of the covenants by the Tower Owner contained below, Castle Grounds Owner (insofar as it is able to do so) releases the Tower Owner and the Premises from the First Amended Covenants.

 

3.2         In consideration of the release of First Amended Covenants contained above, the Tower Owner covenant with the Castle Grounds Owner for the benefit of the Castle Grounds that they and their successors in title will observe and perform the Second Amended Covenants.

 

CONVEYANCE TO CONTINUE OTHERWISE

The parties expressly agree and declare that except for this present release and variation the Conveyance shall continue in full force and effect in all other respects.

 

RIGHT  TO  EFFECT  RELEASE

Castle Grounds Owner covenants with the Tower Owner that it has full power to effect the release of the First Amended Covenants.

 

 

 

 

 

 

 

 

SCHEDULE

 

PART 1:  THE ORIGINAL COVENANTS

 

 

To use the Tower as a single private dwelling house in one occupation but the use of The Tower by the Purchaser personally for photographic purposes shall be permitted.

 

Not to alter the external plan or elevation of the said Tower nor change the user thereof (save in accordance with stipulation 4 hereof) nor shall any other building or erection be built or erected on the property hereby conveyed nor shall any alteration or addition be made thereto without the previous consent in writing of the Vendor and his successors in title.

 

Not at any time to carry on or permit or suffer to be carried on the property or any part thereof any trade or business whatsoever.

 

Not to erect or place any building or erection on the land edged green on the said plan other than one greenhouse of a type and in the position to be approved by the Vendor and not to keep or place more than one caravan thereon.

 

If the Purchaser shall within five years from the date hereof contract to sell or to lease or agree to lease the property hereby conveyed or the part comprising The Tower he shall forthwith notify the Vendor or his successors in title thereto and upon completion of such sale lease or agreement for lease pay to the Vendor or his successors in title the sum of Five thousand pounds.


 

PART 2: THE FIRST AMENDED COVENANTS

 

 Not to use the Premises for any purpose other than as a single residential unit for holiday letting on the lower floors and prospect tower providing exhibition space and viewing gallery with regulated public access.

 

Not to alter the external plan or elevation of the Premises nor change the user thereof nor shall any other building or erection be built or erected on the Premises nor shall any alteration or addition be made thereto without the previous consent In writing of the Castle Grounds Owner and their successors in title to the Castle Grounds provided that consent is hereby given to the alterations and additions detailed in the planning permission and listed building consent annexed hereto.

 

Not at any time to carry on or permit or suffer to be carried on the Premises or any part thereof any trade or business whatsoever other than as referred to in paragraph 1 above.

 

 

 

PART 3: THE SECOND AMENDED COVENANTS

 

 

To use the Premises as a single private dwelling house or as a single residential unit for holiday letting, and exhibition space and viewing gallery with regulated public access.

 

Not to alter the external plan or elevation of the Premises from what existed on the date of this agreement nor shall any other building or erection be built or erected on the Premises nor shall any alteration or addition be made thereto without the previous consent in writing of the Castle Grounds Owner and its successors in title to the Castle Grounds (such consent not to be unreasonably withheld). It is acknowledged by the Castle Grounds Owner that consent has already been given to the alterations and additions in the planning permission and listed building consent detailed under the planning reference 09/02888/FL and 09/02889/LB and related amendments to that planning application.

 

Not at any time to carry on or permit or suffer to be carried on the Premises or any part thereof any trade or business whatsoever other than as referred to in paragraph 1 above.


 

 

The winner will need to enter into two separate agreements with The Heritage Lottery Fund and Historic England before The Property will be transferred over to them.

The wording for the covenants that the winner will need to agree to will be similar to the wording below:

The Heritage Lottery Fund

PARTIES

(1) The Winner of the Castle Competition (“Purchaser”)

 

(2) THE TRUSTEES OF THE NATIONAL HERITAGE MEMORIAL FUND of 7 Holbein Place, London SW1W 8NR (Heritage Lottery Fund)  

 

AGREED TERMS

 

1.   INTERPRETATION  

The following definitions and rules of interpretation apply in this deed.

 

1.1   Definitions:

 

Disposal:  an assent or transfer.

 

Covenants:  the covenants set out in the Schedule.

 

Grants: the grants made by the Heritage Lottery Fund to Vivat Trust and its predecessors subject to certain conditions between 1997 and 2012 for the conservation of the Property totalling £2,605,500.

Property:  all the property at The Tower, Hadlow Castle, Hadlow, Tonbridge, Kent TN11 0EG and registered at HM Land Registry under the title number referred to above.

 

1.2         Any reference to the Purchaser shall include that party’s personal representatives, successors in title or permitted assigns.

 

1.3         Clause, Schedule and paragraph headings shall not affect the interpretation of this deed.

 

1.4         Except where a contrary intention appears, references to clauses and Schedules are to the clauses and Schedules of this deed and references to paragraphs are to paragraphs of the relevant Schedule.

 

1.5         The Schedules form part of this deed and shall have effect as if set out in full in the body of this deed. Any reference to this deed includes the Schedules.

 

1.6         A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

1.8         Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

  

1.9         Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

2.    COVENANTS

 

The Purchaser covenants with Historic England with the intention of binding the Property and each and every part of it that from the date of the Transfer until 29 September 2023 the Purchaser and its successors in title shall at all times observe and perform the Covenants. 

 

3.   RESTRICTING DISPOSALS OF THE PROPERTY  

 

3.1         The Purchaser covenants with Historic England with the intention of binding the Property and each and every part of it not to make any Disposal of the whole or any part of the Property without first procuring that the disponee enters into a Deed of Covenant to observe and perform the Covenants with, and supplies the same to, Historic England, on the same terms as this deed. 

 

3.2         Within 28 days of purchasing the Property, the Purchaser consents to register the following restriction against the Property at HM Land Registry:

 

"No disposition before 29 September 2023 of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by the conveyancer for the proprietor for the time being of the estate registered under title number K438701 that the provisions of Clause 3.1 of a Deed of Covenant made between the Purchaser (1 ) THE TRUSTEES OF THE NATIONAL HERITAGE MEMORIAL FUND (2) have been complied with."

 

4.           INDEMNITY  

 

The Purchaser shall, from the date of the Transfer, indemnify Historic England and keep Historic England indemnified against all liabilities, costs, expenses, damages and losses suffered or incurred by Historic England arising out of or in connection with any breach of any of the Covenants or the terms of this deed by the Purchaser, or by any occupier of the Property or by an employee or invitee of the Purchaser, or by any other person who is allowed or permitted by the Purchaser to exercise the Rights over the Property but the Purchaser and Historic England agree that the total liability of the Purchaser in respect of all breaches shall not exceed £30,000.

 

5.   JOINT AND SEVERAL LIABILITY  

 

Where the Purchaser comprises more than one person, those persons shall be jointly and severally liable for the obligations and liabilities of the Purchaser arising under this deed. Historic England may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.

 

6.   GOVERNING LAW  

  

This deed and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

7.   JURISDICTION  

 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this deed or its subject matter or formation.

 

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

 


 

 

THE SCHEDULE

 

COVENANTS

 

The Purchaser covenants as follows:

 

Public access

To use reasonable endeavours to permit members of the public access to the Property for a minimum of 28 days a year from 1st January to 31st December.

To use reasonable endeavours to enter into an agreement with any persons across whose property members of the public will require access in order to visit the Property granting rights of access for the public in line with paragraph 1 above provided that it is acknowledged by Historic England the purchaser shall not be required to open the Property to the public on any particular day unless a minimum of 5 persons have booked and the Purchaser shall be required to offer those persons an alternative day or days where a minimum number of 5 members of the public have booked.

To clearly display at the road entrance to the Property a noticeboard with details of times and dates for such permitted public access or using a suitable alternative means of advertising such as advertising in a newspaper circulated within the area of the Property or on the internet through the website of Historic England for which purpose Historic England agrees to provide such facilities to the Purchaser to enable them to use their website.

Maintenance

To keep the Property, including any buildings on it, in good repair and condition and carry out works in line with the maintenance plan for the Property attached as Annex 1 and for the avoidance of doubt Historic England acknowledge that if the Purchaser complies with the maintenance plan the Purchaser shall not be in breach of this clause.

To keep complete, accurate and up to date records of all maintenance works carried out on the Property and provide the Heritage Lottery Fund a copy of the same at the end of each financial year. 

Reinstatement

To use reasonable endeavours to insure the Property and any associated building against loss or damage against insured risks associated with fire storm tempest explosion and such other risks (subject to excesses exclusions and limitations as the insurers may require) provided that such risk or risks are available on the insurance market at commercially viable rates of premium for a Property of this nature, with reputable insurers, on fair and reasonable terms, for an amount not less than the full cost of reinstatement of the Property and any associated building, taking into account inflation of building costs and including any costs of demolition, site clearance, site protection, shoring up, professional fees and expenses and the costs of any other work to the Property that may be required by law and any VAT on any such costs, fees and expenses.

Monitoring

To certify to Historic England on each anniversary of the date of this deed that the Purchaser has complied with the Covenants.

Within 14 working days of receiving a written request to do so, provide any information requested by Historic England in connection with compliance with these Covenants.

Upon providing reasonable written notice, or immediately in the case of an emergency, to allow access to its premises and to the Property to representatives of Historic England for the purpose of inspecting the records described in paragraph 3 and/or verifying compliance by the Purchaser with the Covenants.


 

 

Historic Buildings and Monuments Commission for England

PARTIES

(1) The Winner of the Castle Competition (“Purchaser”)

 

(2) Historic Buildings and Monuments Commission for England of 1 Waterhouse Square 138-142 Holborn London EC1N 2ST (“Historic England”)

 

AGREED TERMS

 

1.   INTERPRETATION  

The following definitions and rules of interpretation apply in this deed.

 

1.1   Definitions:

 

Disposal:  an assent or transfer.

 

Covenants:  the covenants set out in the Schedule.

 

Grants:  the grants made by Historic England to Vivat Trust in 2008 and 2012 totalling £450,000 for the conservation of the Property subject to certain conditions.

Property:  all the property at The Tower, Hadlow Castle, Hadlow, Tonbridge, Kent TN11 0EG and registered at HM Land Registry under the title number referred to above.

 

1.2         Any reference to the Purchaser shall include that party’s personal representatives, successors in title or permitted assigns.

 

1.3         Clause, Schedule and paragraph headings shall not affect the interpretation of this deed.

 

1.4         Except where a contrary intention appears, references to clauses and Schedules are to the clauses and Schedules of this deed and references to paragraphs are to paragraphs of the relevant Schedule.

 

1.5         The Schedules form part of this deed and shall have effect as if set out in full in the body of this deed. Any reference to this deed includes the Schedules.

 

1.6         A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

1.8         Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

  

1.9         Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

2.    COVENANTS

 

The Purchaser covenants with Historic England with the intention of binding the Property and each and every part of it that from the date of the Transfer until 29 September 2023 the Purchaser and its successors in title shall at all times observe and perform the Covenants.  

 

3.   RESTRICTING DISPOSALS OF THE PROPERTY  

 

3.1         The Purchaser covenants with Historic England with the intention of binding the Property and each and every part of it not to make any Disposal of the whole or any part of the Property without first procuring that the disponee enters into a Deed of Covenant to observe and perform the Covenants with, and supplies the same to, Historic England, on the same terms as this deed. 

 

3.2         Within 28 days of purchasing the Property, the Purchaser consents to register the following restriction against the Property at HM Land Registry:

 

"No disposition before 29 September 2023 of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by the conveyancer for the proprietor for the time being of the estate registered under title number K438701 that the provisions of Clause 3.1 of a Deed of Covenant made between the Purchaser(1) Historic Buildings and Monuments Commission for England (2) have been complied with."

 

4.           INDEMNITY  

 

4.1         The Purchaser shall, from the date of the Transfer, indemnify Historic England and keep Historic England indemnified against all liabilities, costs, expenses, damages and losses suffered or incurred by Historic England arising out of or in connection with any breach of any of the Covenants or the terms of this deed by the Purchaser, or by any occupier of the Property or by an employee or invitee of the Purchaser, or by any other person who is allowed or permitted by the Purchaser to exercise the Rights over the Property but the Purchaser and Historic England agree that the total liability of the Purchaser in respect of all breaches shall not exceed £30,000.

4.2         The Purchaser acknowledges that if the Purchaser is in breach of any of the Covenants or the terms of this deed, Historic England shall be entitled to recover from the Purchaser pursuant to Clause 4.1 above, a proportion of the Grants calculated by Historic England not exceeding the sum of £25,500 per annum for each year or part there of remaining up to the date of 29 September 2023.

 

5.   JOINT AND SEVERAL LIABILITY  

 

Where the Purchaser comprises more than one person, those persons shall be jointly and severally liable for the obligations and liabilities of the Purchaser arising under this deed. Historic England may take action against, or release or compromise the liability of, or grant time or other indulgence to, any one of those persons without affecting the liability of any other of them.

 

6.   GOVERNING LAW  

  

This deed and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

7.   JURISDICTION  

 

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this deed or its subject matter or formation.

 

This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.

 


 

 

THE SCHEDULE

 

COVENANTS

 

The Purchaser covenants as follows:

 

Public access

To use reasonable endeavours to permit members of the public access to the Property for a minimum of 28 days a year from 1st January to 31st December.

To use reasonable endeavours to enter into an agreement with any persons across whose property members of the public will require access in order to visit the Property granting rights of access for the public in line with paragraph 1 above provided that it is acknowledged by Historic England the purchaser shall not be required to open the Property to the public on any particular day unless a minimum of 5 persons have booked and the Purchaser shall be required to offer those persons an alternative day or days where a minimum number of 5 members of the public have booked.

To clearly display at the road entrance to the Property a noticeboard with details of times and dates for such permitted public access or using a suitable alternative means of advertising such as advertising in a newspaper circulated within the area of the Property or on the internet through the website of Historic England for which purpose Historic England agrees to provide such facilities to the Purchaser to enable them to use their website.

Maintenance

To keep the Property, including any buildings on it, in good repair and condition and carry out works in line with the maintenance plan for the Property attached as Annex 1 and for the avoidance of doubt Historic England acknowledge that if the Purchaser complies with the maintenance plan the Purchaser shall not be in breach of this clause.

To keep complete, accurate and up to date records of all maintenance works carried out on the Property and provide the Heritage Lottery Fund a copy of the same at the end of each financial year. 

Reinstatement

To use reasonable endeavours to insure the Property and any associated building against loss or damage against insured risks associated with fire storm tempest explosion and such other risks (subject to excesses exclusions and limitations as the insurers may require) provided that such risk or risks are available on the insurance market at commercially viable rates of premium for a Property of this nature, with reputable insurers, on fair and reasonable terms, for an amount not less than the full cost of reinstatement of the Property and any associated building, taking into account inflation of building costs and including any costs of demolition, site clearance, site protection, shoring up, professional fees and expenses and the costs of any other work to the Property that may be required by law and any VAT on any such costs, fees and expenses.

Monitoring

To certify to Historic England on each anniversary of the date of this deed that the Purchaser has complied with the Covenants.

Within 14 working days of receiving a written request to do so, provide any information requested by Historic England in connection with compliance with these Covenants.

Upon providing reasonable written notice, or immediately in the case of an emergency, to allow access to its premises and to the Property to representatives of Historic England for the purpose of inspecting the records described in paragraph 3 and/or verifying compliance by the Purchaser with the Covenants.

 

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The Alternative Prize

You can find out about the Alternative Prize here.