Research has shown that because key documentation is often not retained by
leaseholders, there are frequently delays in the marketing of leasehold
properties.
To counter this, Communities and Local Government, working in partnership
with the Royal Institution of Chartered Surveyors, the LEASE Advice Service
and the Association of Residential Managing Agents, has produced two Home
Information Pack advice leaflets. The first is aimed at leaseholders, and
explains the need to retain documents. The second, more-comprehensive leaflet
is aimed at anyone - not just leaseholders - with an interest in leasehold
matters. These leaflets are available upon request only.
Where documents have not been retained, it is likely that leaseholders will
approach Managing Agents/Landlords to acquire them.
To help ensure that the
system works, we urge Managing Agents and Landlords to respond to the requests
as quickly as possible. They may also charge a reasonable amount to provide
the documents.
The
government realise that problems may crop up. Where documents are proving difficult
to obtain, they have granted an extension of four weeks for leasehold and searches
documents.
In addition, the Association of Retirement Home Managers has produced a
Minister-approved management code that encourages the supply of material for
Home Information Packs. The Royal Institution of Chartered Surveyors has
agreed to include a similar provision when it amends its management code, and
it's understood that members of the Association of Residential Managing Agents
will endorse, accept and comply with the Royal Institution of Chartered
Surveyors code of practice when this is published.
The required leasehold documents for inclusion in Packs are:
-
The lease
-
Any rules or regulations relating to the management of the property
-
Statement of account for service charges
-
The most recent request for payment made by or on behalf of the landlord
in relation to service charges, ground rent and building insurance and
covering the 12-month period preceding the date the property was put on
the market for sale
-
The name and address of the current or proposed landlord, and any
managing agents appointed or proposed to be appointed by the landlord
-
Any amendments proposed to the lease, to regulations, or to rules
relating to the management of the property
-
A summary of works affecting the property that are current or proposed
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