Layard Horsfall - Leasehold Property Information Form

Leasehold Property Information Form

Name(s): 

Property Address:

Email Address: 
(one email address only)

IMPORTANT NOTE TO SELLERS - PLEASE READ THIS BEFORE COMPLETING FORM
Please complete this form carefully.  It will be sent to the buyer’s Legal Representatives and may be seen by the buyer.  If you are unsure how to answer any of the questions, ask your Lawyer before doing so.

If you then find anything is incorrect you can use your browsers' back button to make changes.

For many of the questions you need only tick the correct answer. Where necessary, please give more detailed answers on a separate sheet of paper. Then send all the replies to us so that the information can be passed to the buyer’s Legal Representative.

The answers should be those of the person whose name is on the deeds.  If there is more than one of you, you should prepare the answers together.

It is very important that your answers are correct because the buyer will rely on them in deciding whether to go ahead.  Incorrect information given to the buyer through ourselves, or mentioned to the buyer in conversation between you, may mean that the buyer can claim compensation from you or even refuse to complete the purchase.

It does not matter if you do not know the answer to any question so long as you say so.

The buyer will be told by his Legal Representatives that he takes the property as it is.  If he wants more information about it, he should get it from his own advisers, not from you.

If anything changes after you fill in this questionnaire but before the sale is completed, tell us immediately.  This is as important as giving the right answers in the first place.

Please pass to us immediately any notices you have received which affect the property.  The same goes for notices which arrive at any time before completion.

If you have a tenant, tell us immediately there is any change in the arrangements but do nothing without asking your conveyancer first.

You should let us have any letters, agreements or other documents which help answer the questions. If you know of any which you are not supplying with these answers, please tell us about them.

Please complete and return the separate Fixtures, Fittings and Contents Form.  It is an important document which will form part of the contract between you and the buyer.  Unless you mark clearly on it the items you wish to remove, they will be included in the sale and you will not be able to take them with you when you move.

 

If you live in leasehold property, please answer the following questions. Some people live in blocks of flats, others in large houses converted into flats and others in single leasehold houses. These questions cover all types of leasehold property, but some of them may not apply to your property. In that case please answer them N/A. Please also obtain and let us have Ground Rent and Service Charge receipts along with demands for the current year and Building Insurance Details to include a Schedule for the current year. Also please include any other relevant papers, as failure to do this will hold up your sale.

The instructions set out at the front of the Property Information Form apply to this form as well. Please read them again before giving your answers to these questions.

If you are unsure how to answer any of the questions, ask your Legal Advisor.

Part 1 - to be completed by the seller

1   Management company

    Please mark as appropriate
1.1 If there is a management company which is run by the tenants please supply any of the following documents which are in your possession:  
(a) Memorandum and Articles of Association of the Company

[To follow:]  [Lost:]  [N/A:]

(b) Your Share or membership certificate

[To follow:]  [Lost:]  [N/A:]

(c) The management accounts for the last 3 years.

[To follow:]  [Lost:]  [N/A:]

(d) Copy of any regulations made by either the landlord or the company additional to the rules contained in the lease.

[To follow:]  [Lost:]  [N/A:]

(e) The names and addresses of the secretary and treasurer of the company.

(f) Has the management company been struck off the register at Companies House?

[Yes:]  [No:]  [Not Known:]

1.2 If the tenants do not run the Management Company is there a Tenants’ Association?

[Yes:]  [No:]
(If 'Yes' please supply the contact name and address]

2    The Landlord

2.1 What is the name and address of your Landlord?

2.2 If the landlord employs an agent to collect the rent, what is the name and address of that agent?

2.3 Do you have the landlord’s receipt for the last rent payment?

[To follow:

2.4 Do you pay a share of the maintenance costs of the building?

[Yes:(Please tick box and send the receipt, or demand for the last payment with these answers)]

[No: (Explain why not)] 

3    Maintenance charges

3.1 Are you liable under your lease to pay a share of the maintenance cost of the building?

If ‘No’ go to question 4

[Yes:]   [No: ]

3.2 Do you know of any expense (e.g. redecoration of outside or communal areas not usually incurred annually) likely to show in the maintenance charge accounts within the next 3 years?

If ‘Yes’ please give details.

[Yes:]   [No: ]





3.3 Have maintenance charges been demanded for each of the last 3 years?

[Yes:]   [No:]

3.4 If so, please supply the maintenance accounts and receipts for these.

[To follow:

3.5 Do you know of any problems in the last 3 years between flat owners and the landlord or maintenance company about maintenance charges, or the method of management?

If “Yes”, please give details.

[Yes: ]   [No: ]




3.6 Have you challenged the maintenance charge or any expense in the last 3 years?

If “Yes”, please give details

[Yes: ]   [No: ]




3.7 Do you know if the landlord has had any problems in collecting the maintenance charges from other flat owners?

If “Yes”, please give details

[Yes:]   [No:]




4   Notices

A landlord may serve a notice on a printed form or in the form of a letter and the buyer will wish to know if anything of this sort has been received.  
4.1 Have you had a notice that the landlord wants to sell his interest in the building?

[No: ]   [Yes: ]  
[To follow: ]  
[Lost: ]

4.2 Have you had any other notice or letter about the building, its use, its conditions or its repair and maintenance?

[No: ]   [Yes: ]  
[To follow: ]  
[Lost: ] ]

5   Consents

Are you aware of any changes in the terms of the lease or of the landlord giving any consents under the lease?
(This may be in a deed, a letter or even verbal)
If not in writing, please supply details.

[No: ]   [Yes: ]  
[To follow: ]

 

 

6   Complaints

6.1 Have you received any complaints from the landlord, any landlord, management company or any other tenant about anything you have or have not done?
If “Yes” please give details.

[No: ]   [Yes: ]

 

 

6.2 Have you complained or had cause for complaint to any of them?
If “Yes” please give details.

[No: ]   [Yes: ]  

6.3 Have you complained to anyone else about the conduct of any other occupier?
If “Yes” please give details.

[No: ]   [Yes: ]  

7  Buildings insurance on the property

7.1 Are you responsible under the lease for arranging the buildings insurance on the property?

[No: ]   [Yes: ]

7.2 If “Yes”, please supply a copy of  
  a) the insurance policy, and

[To follow: ]  [Lost: ]

  b) receipt for the last payment of the premium

[To follow: ]  [Lost: ]

7.3 If ‘No’ please supply a copy of the insurance policy arranged by the landlord or the management company and a copy of the schedule for the current year.

[To follow: ]  [Lost: ]

8   Decoration

8.1 When was the outside of the building last decorated?

[In the Year:]
[Not Known:]

8.2 When were any internal, communal parts last decorated?

[In the Year:]
[Not Known:]

8.3 When was the inside of your property last decorated?

[In the Year:]
[Not Known:]

9   Alterations

9.1 Are you aware of any alterations having been made to your property since the lease was originally granted?
If “Yes”, please give details.

[Yes:]  [No:]  [Not Known:]

 

9.2 If “Yes” was the landlord’s consent obtained?

[No:]  [Not Known:]  [Not Required:]  [Yes:]  [To Follow:

10   Occupation

10.1 Are you now occupying the property as your sole or main home?

[Yes: ]   [No: ]

10.2 Have you occupied the property as your sole or main home (apart from usual holidays and business trips) -
  (a) continuously throughout the last 12 months?

[Yes:]   [No:]

  (b) continuously throughout the last 3 years?

[Yes:]   [No:]

  (c) for periods totalling at least 3 years during the last 10 years?

[Yes:]   [No:]

11   Enfranchisement

11.1 Have you served on the landlord or any other landlord a formal notice under the enfranchisement legislation stating your desire to buy the freehold or be granted an extended lease?

If so, please supply a copy.

[No:]   [Yes:]
[To Follow:

11.2 If the property is a flat in a block, are you aware of the service of any notice under the enfranchisement legislation relating to the possible collective purchase of the Freehold of the block or part of it?

If so, please supply a copy.

[No:]   [Yes:]
[To Follow:

11.3 Have you received any response to that notice?

[No:]   [Yes:]
[To Follow:

Part 2 - to be completed by the seller's solicitor

The seller’s solicitors should check the seller’s replies to Part 1 against the information in the solicitor’s possession. When replying to A – H below the solicitor should have checked the deeds carefully, read the file and any other relevant file the firm may have by checking the filing records and, following this, make any other reasonable and prudent investigations (see the guidance from the Law Society's Conveyancing and Land Law Committee [2003] Gazette. 16 October, 43).

 

A Is this information provided by the seller in this form consistent with the information in your possession?

If “NO” please specify

[Yes]   [No]

 

__________________________

__________________________

 

B Do you have any information in your possession to supplement the information provided by the seller?

If “YES” please specify.

[Yes]   [No]

 

__________________________

__________________________

 

 

C Please provide the name and address of the recipient of notice of assignment and charge.

 

__________________________

__________________________

 

D Do the insurers make a practice of recording the interest of the buyer’s mortgagee and the buyer on the policy?

[Yes]  [No]  [Not Known]

 

E Please supply a copy of the Fire Certificate.

[To Follow]  [N/A]

F Are all of the units in the building or development let on identical leases?
If not, in what respect do they differ?

[Yes]   [No]  [Not Known]

 

__________________________

__________________________

 

G Has the landlord experienced problems with the collection of maintenance charges as they fall due?
If so, please supply details.

[Yes ]  [No ]  [Not Known ]

 

__________________________

__________________________

 

H Is the property part of a converted building?
If “YES”, please supply a copy of the Planning Permission or an Established Use Certificate, or evidence of permitted use.

[Yes]  [No]
[Copy to follow ] [N/A]

 

Reminder

Copies of any relevant documents should be supplied with this form, e.g. Memorandum and Articles of Association of the company, Share of Membership Certificate, management accounts for the last 3 years, copy of any regulations made either by the landlord or the company additional to the rules contained in the lease, name and address of the secretary and treasurer of the company, and copies of any notices served upon the seller under sections 18-30 the Landlord and Tenant Act 1987, the Leasehold Reform Act 1967 or the Leasehold Reform Housing and Urban Development Act 1993.

 

Declaration: I declare the above information is true and correct and I authorise Layard Horsfall to sign this form on my behalf

 

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