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Factsheet 6- Authorised HIP contents - leaseholds 

 

Authorised HIP contents – leaseholds

This Fact sheet is up to date at January 2009.

The contents of the HIP, both compulsory (Required) and voluntary (Authorised), are set out in the regulations contained in Statutory Instrument 2007 No 1667 as varied by a number of amending statutory instruments.

All leasehold documents and information apart from the lease, are  now in the authorised category.

In addition to those Authorised for all properties (see Fact sheet 5) addtional 'authorsied documents and information for leaseholds are

  • Any lease, licence or tenancy agreement affecting the property
  • Details of any freehold affecting the property including plans to buy it
  • Rights or obligations under the lease and whether these have been complied with
  • Any information relating to the landlord or managing agent that might affect the buyer’s relationship with either of them
  • Information relating to membership by the seller of any entity that manages the property
  • Status or memorandum and articles of any entity related to the management of the building in which the flat is
  • Rent, service charge and reserve fund payments and whether these are up to date
  • Any planned or recent works to the property or building of which it forms a part
  • Responsibility for insuring the property or building of which it forms a part including the terms and whether payment is up to date

In addition to the Required documents and these Authorised documents a seller

can provide a buyer with other documents relating to the property.  It must be made clear however that these additional documents, given ‘in close proximity’ as they are referred to in the legislation, are not part of the HIP.

Although these documents are voluntary they provide information that any buyer will want to know about a leasehold property. If they are not provided in the pack the buyer’s solicitors will call for them after an offer has been made.  Progress to exchange of contracts could be delayed if they are not available.

As they are not ‘Required’ they can be added at a later date.  Missing documents can be obtained from the landlord or managing agents although a charge may be incurred for copies
   
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